do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2018/1546 of 15 October 2018 amending Decision (CFSP) 2017/1425 on a European Union stabilisation action in Mopti and Segou
Date: 2018-10-15
Institutions: Council of the European Union
Subjects: EU programme, EU relations, Mali, Sahel, common foreign and security policy, democratisation, gender equality, human rights, regional government, rule of law




L_2018259EN.01003401.xml










16.10.2018   


EN


Official Journal of the European Union


L 259/34








            COUNCIL DECISION (CFSP) 2018/1546
of 15 October 2018
         
amending Decision (CFSP) 2017/1425 on a European Union stabilisation action in Mopti and Segou


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 4 August 2017, the Council adopted Decision (CFSP) 2017/1425 (1) on a European Union stabilisation action in Mopti and Segou (the ‘EU stabilisation action’).












(2)


In light of the progress achieved by the EU stabilisation action, the importance of ensuring its continuity through follow-up activities and the need to capitalise on its results and on the knowledge derived from it for future Union programmes in Mali, the EU stabilisation action should be extended for three months.












(3)


Decision (CFSP) 2017/1425 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision (CFSP) 2017/1425 is amended as follows:






(1)


Article 1(1) is replaced by the following:

‘1.   The Union shall undertake a stabilisation action in Mopti and Segou. The action shall be implemented by an EU stabilisation team, under the auspices of the Union Delegation in Mali, for an operating phase of 15 months.’;











(2)


Article 15 is replaced by the following:

‘Article 15
Entry into force and duration
This Decision shall enter into force on the date of its adoption. It shall expire on 31 January 2019.’.







Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 15 October 2018.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (CFSP) 2017/1425 of 4 August 2017 on a European Union stabilisation action in Mopti and Segou (OJ L 204, 5.8.2017, p. 90).
Prior notification of a concentration (Case M.9091 — SNAM/SGI/Sardinia Newco) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-10-15
Institutions: European Commission
Subjects: Italy, economic concentration, financial services, gas industry, gas pipeline, gas supply, joint venture, merger control








C_2018372EN.01000801.xml










15.10.2018   


EN


Official Journal of the European Union


C 372/8






Prior notification of a concentration
(Case M.9091 — SNAM/SGI/Sardinia Newco)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 372/04)

1.   
On 27 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:






—


SNAM S.p.A. (‘SNAM’, Italy), controlled by Cassa Depositi e Prestiti S.p.A. (Italia);










—


Società Gasdotti Italia S.p.A. (‘SGI’, Italy), jointly controlled by the Macquarie Group (Australia) and the Swiss Life Group (Switzerland);










—


Sardinia Newco (Italy).




SNAM and SGI acquire, within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation, joint control over the whole of Sardinia Newco.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


SNAM is active in the development and management of gas infrastructures in Italy and other European countries;










—


SGI is active in the transmission of natural gas in Italy; the Macquarie Group is a global provider of banking, financial, advisory, investment and funds management services; Swiss Life Group is active in the insurance and asset management sectors;










—


Sardinia Newco is a newly established joint venture which will build and operate a natural gas transmission pipeline in the Sardinian territory.






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.9091 — SNAM/SGI/Sardinia Newco
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 +32 229-64301




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-619/18: Action brought on 15 October 2018 — TUIfly v Commission
Date: 2018-10-15
Institutions: General Court
Subjects: Australia, Carinthia, State aid, aid to undertakings, air transport, carriage of passengers, control of State aid, provision of documents, reimbursement of aid, rights of the defence








C_2018436EN.01006302.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/63






Action brought on 15 October 2018 — TUIfly v Commission
(Case T-619/18)
(2018/C 436/88)
Language of the case: German

Parties


Applicant: TUIfly GmbH (Langenhagen, Germany) (represented by: L. Giesberts and M. Gayger, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the defendant’s Decision C(2018) 5432 final of 3 August 2018 on the applicant’s confirmatory application for access to documents under Regulation (EC) No 1049/2001 — GESTDEM 2018/2506 and order the defendant to grant the applicant access to the documents in the proceedings relating to State aid SA.24221(2011/C) (ex 2011/NN) implemented by Austria for the Klagenfurt airport, Ryanair and other airlines using the airport (OJ 2018 L 107, p. 1);










—


join the present case to the applicant’s case pending before the General Court with case number T-447/18 against the defendant for the purposes of the written and oral procedure;










—


order the defendant to pay the costs.





Pleas in law and main arguments

The claim is based on a single plea in law, alleging infringement of Article 41 of the Charter of Fundamental Rights of the European Union, the principle of sound administration and the applicant’s rights of defence, as the Commission did not grant the applicant access to the investigation documents and failed to place it in a position in which it could properly defend itself.
Council Decision (CFSP) 2018/1540 of 15 October 2018 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
Date: 2018-10-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, economic sanctions, international sanctions, natural person, terrorism




LI2018257EN.01000301.xml










15.10.2018   


EN


Official Journal of the European Union


LI 257/3








            COUNCIL DECISION (CFSP) 2018/1540
of 15 October 2018
         
amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (1),


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693.












(2)


The restrictive measures set out in Article 2(2) and Article 3(3) and (4) of Decision (CFSP) 2016/1693 apply until 31 October 2018. On the basis of a review of that Decision, the restrictive measures should be extended until 31 October 2019.












(3)


One person should be added to the list of persons, groups, undertakings and entities in the Annex to Decision (CFSP) 2016/1693.












(4)


Decision (CFSP) 2016/1693 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 6(5) of Decision (CFSP) 2016/1693 is replaced by the following:


‘5.   The measures referred to in Article 2(2) and Article 3(3) and (4) shall apply until 31 October 2019.’.




Article 2
The Annex to Decision (CFSP) 2016/1693 is amended as set out in the Annex to this Decision.


Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 15 October 2018.


For the Council


The President

F. MOGHERINI
            





(1)  
            OJ L 255, 21.9.2016, p. 25.




ANNEX
The following person is added to the list set out in the Annex to Decision (CFSP) 2016/1693:







‘3.


Hocine BOUGUETOF; date of birth: 1 July 1959; place of birth: Tebessa (Algeria); nationality: Algerian.’
Case T-7/17: Judgment of the General Court of 15 October 2018 — John Mills v EUIPO — Jerome Alexander Consulting (MINERAL MAGIC) (EU trade mark — Opposition proceedings — Application for EU word mark MINERAL MAGIC — Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER — Relative ground for refusal — Article 8(3) of Regulation (EC) No 207/2009 (now Article 8(3) of Regulation (EU) 2017/1001))
Date: 2018-10-15
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2018436EN.01003801.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/38






Judgment of the General Court of 15 October 2018 — John Mills v EUIPO — Jerome Alexander Consulting (MINERAL MAGIC)
(Case T-7/17) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark MINERAL MAGIC - Earlier national word mark MAGIC MINERALS BY JEROME ALEXANDER - Relative ground for refusal - Article 8(3) of Regulation (EC) No 207/2009 (now Article 8(3) of Regulation (EU) 2017/1001)))
(2018/C 436/53)
Language of the case: English

Parties


Applicant: John Mills Ltd (London, United Kingdom) (represented by: S. Malynicz QC)

Defendant: European Union Intellectual Property Office (represented by: A. Lukošiūtė and D. Hanf, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Jerome Alexander Consulting Corp. (Surfside, Florida, United States) (represented by: T. Bamford and C. Rani, Solicitors)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 5 October 2016 (Case R 2087/2015-1), relating to opposition proceedings between Jerome Alexander Consulting and John Mills.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Chamber of the Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 October 2016 (Case R 2087/2015-1);










2.


Orders EUIPO to pay, in addition to its own costs, half of the costs incurred by John Mills Ltd;










3.


Orders Jerome Alexander Consulting Corp. to pay, in addition to its own costs, half of the costs incurred by John Mills.






(1)  OJ C 63, 27.2.2017.
Case C-649/18: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 15 October 2018 — A v Daniel B, UD, AFP, B, L
Date: 2018-10-15
Institutions: Court of Justice
Subjects: electronic commerce, freedom to provide services, health legislation, homeopathic product, information society, marketing, medicinal product, national law, pharmaceutical legislation, pharmacist








C_2019004EN.01001501.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/15






Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 15 October 2018 — A v Daniel B, UD, AFP, B, L
(Case C-649/18)
(2019/C 4/20)
Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings


Appellant: A

Respondents: Daniel B, UD, AFP, B, L

Questions referred

The Court of Justice must rule on the question of whether EU law, in particular;






—


Article 34 TFEU,










—


Article 85c of European Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (as amended), (1)











—


the internal-market clause in Article 3 of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services for electronic commerce, (2)





allows a Member State of the European Union to impose, within its territory, specific rules on pharmacists who are nationals of another EU Member State operating in its territory concerning:






—


the prohibition of soliciting clients through procedures and methods which are regarded as being contrary to the dignity of the profession, pursuant to the present version of Article R 4235 22 of the French Public Health Code;










—


the prohibition of inciting patients to misuse medicinal products, pursuant to the present version of Article R 4235 64 of the French Public Health Code;










—


the obligation to observe good practices, as defined by the public authorities of the Member State, in the distribution of medicinal products, which also requires that a health questionnaire be included when medicinal products are ordered online and which prohibits the use of paid referencing pursuant to the present version of the Decree of 28 November 2016 of the (French) Minister for Social Affairs and Health.






(1)  OJ 2001 L 311, p. 67.

(2)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).
Council Decision (EU) 2018/1676 of 15 October 2018 on the signing, on behalf of the European Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part
Date: 2018-10-15
Institutions: Council of the European Union
Subjects: Singapore, agreement (EU), investment protection, signature of an agreement








L_2018279EN.01000101.xml










9.11.2018   


EN


Official Journal of the European Union


L 279/1








            COUNCIL DECISION (EU) 2018/1676
of 15 October 2018
         
on the signing, on behalf of the European Union, of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 23 April 2007, the Council authorised the Commission to negotiate a free trade agreement (FTA) with Member States of the Association of Southeast Asian Nations (ASEAN). That authorisation provided for the possibility of bilateral negotiations.












(2)


On 22 December 2009, the Council authorised the Commission to pursue bilateral FTA negotiations with individual ASEAN Member States, starting with Singapore, which were to be conducted in accordance with the existing negotiating directives.












(3)


On 12 September 2011, the Council authorised the Commission to extend the on-going negotiations with Singapore also to cover investment protection.












(4)


The negotiations for an Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part (the Agreement) have been concluded and the Agreement should be signed on behalf of the Union, subject to the fulfilment of the procedures required for its conclusion at a later date,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Investment Protection Agreement between the European Union and its Member States, of the one part, and the Republic of Singapore, of the other part, is hereby authorised, subject to the conclusion of the said Agreement. (1)



Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 15 October 2018.


For the Council


The President

E. KÖSTINGER
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Council Decision (EU, Euratom) 2018/1588 of 15 October 2018 appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee
Date: 2018-10-15
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Sweden, appointment of members








L_2018264EN.01002201.xml










23.10.2018   


EN


Official Journal of the European Union


L 264/22








            COUNCIL DECISION (EU, Euratom) 2018/1588
of 15 October 2018
         
appointing a member, proposed by the Kingdom of Sweden, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal of the Swedish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the mandate of Mr Erik SVENSSON,





HAS ADOPTED THIS DECISION:



Article 1
Mr Christian ARDHE, EU Affairs advisor, Heimdal European Affairs, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 15 October 2018.


For the Council


The President

E. KÖSTINGER
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
Corrigendum to the notice in the Official Journal in Case T-445/16 (OJ C 364, 3.10.2016)
Date: 2018-10-15
Institutions: General Court
Subjects: industrial property, pip fruit, plant propagation, plant variety right








C_2018373EN.01002101.xml










15.10.2018   


EN


Official Journal of the European Union


C 373/21






Corrigendum to the notice in the Official Journal in Case T-445/16
(
Official Journal of the European Union C 364 of 3 October 2016
)
(2018/C 373/23)
The notice in the Official Journal in Case T-445/16 —Schniga v CPVO (Gala Schnico), should read as follows:



‘Action brought on 5 August 2016 — Schniga v CPVO (Gala Schnico)
(Case T-445/16)
(2016/C 364/25)
Language of the case: German

Parties


Applicant: Schniga GmbH (Bolzano, Italy) (represented by: G. Würtenberger and R. Kunze)

Defendant: Community Plant Variety Office (CPVO)

Details of the proceedings before CPVO


Community plant variety right at issue: Gala Schnico — Community plant variety right application No 2009/1807

Contested decision: Decision of the Board of Appeal of CPVO of 22 April 2016 in Case A005/2014.

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order CPVO to pay the costs.





Plea in law







—


Infringement of Articles 76, 8, 57(3) and 75 of Regulation No 2100/94.’
Case C-645/18: Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 15 October 2018 — NE
Date: 2018-10-15
Institutions: Court of Justice
Subjects: administrative formalities, fine, freedom to provide services, frontier worker, posted worker








C_2019122EN.01000201.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/2






Request for a preliminary ruling from the Landesverwaltungsgericht Steiermark (Austria) lodged on 15 October 2018 — NE
(Case C-645/18)
(2019/C 122/02)
Language of the case: German

Referring court

Landesverwaltungsgericht Steiermark

Parties to the main proceedings


Appellant: NE

Respondent authority: Bezirkshauptmannschaft Hartberg-Fürstenfeld

Interested party: Finanzpolizei

Questions referred







1.


Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (1) and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC (2) be interpreted as precluding a national provision which, for infringements of formal obligations in connection with the cross-border deployment of labour, such as a failure to make available documents relating to pay and social security documentation or a failure to report to the Central Coordination Office, provides for very high fines, in particular high minimum penalties, which are imposed cumulatively in respect of each worker concerned?










2.


If the answer to Question 1 is in the negative:
Must Article 56 TFEU, Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services and Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC be interpreted as precluding the imposition of cumulative fines for infringements of formal obligations in connection with the cross-border deployment of labour which have no absolute upper limits?






(1)  OJ 1997 L 18, p. 1.

(2)  OJ 2014 L 159, p. 11.