do-me/EUR-LEX huggingface dataset:
Case T-293/17: Order of the General Court of 23 October 2018 — Fakro v Commission (Appeal — Abuse of a dominant position in the roof windows market — Action for a declaration of failure to act — Rejection decision terminating the failure to act — No need to adjudicate)
Date: 2018-10-23
Institutions: General Court
Subjects: building materials, competition law, dominant position








C_2019044EN.01006001.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/60






Order of the General Court of 23 October 2018 — Fakro v Commission
(Case T-293/17) (1)

((Appeal - Abuse of a dominant position in the roof windows market - Action for a declaration of failure to act - Rejection decision terminating the failure to act - No need to adjudicate))
(2019/C 44/77)
Language of the case: Polish

Parties


Applicant: Fakro sp z o.o (Nowy Sącz, Poland) (represented by: A. Radkowiak-Macuda, lawyer)

Defendant: European Commission (represented by: I.V. Rogalski and J. Szczodrowski, acting as Agents)

Intervener in support of the applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Re:

Application for a declaration that the Commission failed to act in that it illegally refrained from adopting a position on the complaint brought before it by the applicant on 12 July 2012 concerning abuse of a dominant position in the roof windows market.

Operative part of the order







1.


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










2.


Fakro sp. z. o. o. shall bear its own costs as well as the costs incurred by the European Commission.










3.


The Republic of Poland shall bear its own costs.






(1)  OJ C 249, 31.7.2017.
Case C-526/18: Order of the President of the Sixth Chamber of the Court of 23 October 2018 (request for a preliminary ruling from the Förvaltningsrätten i Göteborg — Sweden) — AA v Migrationsverket
Date: 2018-10-23
Institutions: Court of Justice
Subjects: Schengen Agreement, Sweden, foreign national, foreign student, police checks, residence permit, return migration, secondary education








C_2019054EN.01001902.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/19






Order of the President of the Sixth Chamber of the Court of 23 October 2018 (request for a preliminary ruling from the Förvaltningsrätten i Göteborg — Sweden) — AA v Migrationsverket
(Case C-526/18) (1)

(2019/C 54/32)
Language of the case: Swedish
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 381, 22.10.2018.
Case T-672/17: Judgment of the General Court of 23 October 2018 — Mamas and Papas v EUIPO — Wall-Budden (Cot bumpers) (Community design — Invalidity proceedings — Registered Community design representing a cot bumper — Examination by the Board of Appeal of its own motion of the facts constituting disclosure — Principle of functional continuity — Insufficient evidence to establish disclosure)
Date: 2018-10-23
Institutions: General Court
Subjects: child, designs and models, textile product








C_2018436EN.01004802.xml










3.12.2018   


EN


Official Journal of the European Union


C 436/48






Judgment of the General Court of 23 October 2018 — Mamas and Papas v EUIPO — Wall-Budden (Cot bumpers)
(Case T-672/17) (1)

((Community design - Invalidity proceedings - Registered Community design representing a cot bumper - Examination by the Board of Appeal of its own motion of the facts constituting disclosure - Principle of functional continuity - Insufficient evidence to establish disclosure))
(2018/C 436/68)
Language of the case: English

Parties


Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister, and by B. Whitehead, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, D. Walicka and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Jane Wall-Budden (Byfleet, United Kingdom)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 25 July 2017 (Case R 208/2016-3), relating to invalidity proceedings between Mamas and Papas and Jane Wall-Budden.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mamas and Papas Ltd to bear the costs.






(1)  OJ C 402, 27.11.2017.
European Parliament decision of 23 October 2018 on the proposal for the appointment of the Managing Director of the European Fund for Strategic Investments (N8-0100/2018 — C8-0423/2018 — 2018/0903(NLE))
Date: 2018-10-23
Institutions: Committee on Budgets, Committee on Economic and Monetary Affairs, European Parliament
Subjects: European Fund for Strategic Investments, appointment of members, managing director








C_2020345EN.01012001.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/120






P8_TA(2018)0395
Appointment of the Managing Director of the EFSI
European Parliament decision of 23 October 2018 on the proposal for the appointment of the Managing Director of the European Fund for Strategic Investments (N8-0100/2018 — C8-0423/2018 — 2018/0903(NLE))
(Consent)
(2020/C 345/30)

The European Parliament,






—


having regard to the proposal of the Steering Board of the European Fund for Strategic Investments of 19 July 2018 for the re-appointment of its Managing Director (C8-0423/2018),










—


having regard to Article 7(6) of Regulation (EU) 2015/1017 of the European Parliament and of the Council of 25 June 2015 on the European Fund for Strategic Investments, the European Investment Advisory Hub and the European Investment Project Portal and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013 — the European Fund for Strategic Investments (1),










—


having regard to Rule 122a of its Rules of Procedure,










—


having regard to the joint deliberations of the Committee on Budgets and the Committee on Economic and Monetary Affairs under Rule 55 of the Rules of Procedure,










—


having regard to the report of the Committee on Budgets and the Committee on Economic and Monetary Affairs (A8-0314/2018),










A.


whereas Article 7(6) of Regulation (EU) 2015/1017 provides that the Managing Director and Deputy Managing Director of the EFSI are to be appointed by the EIB for a fixed term of three years, renewable once, after approval by the European Parliament following an open and transparent selection process in line with EIB procedures, during which the European Parliament shall be kept duly informed in a timely manner at all stages;










B.


whereas, on 19 July 2018, the Steering Board of the EFSI adopted a proposal for the re-appointment of the Managing Director and Deputy Managing Director of the EFSI and transmitted this proposal to the European Parliament;










C.


whereas, on 25 September 2018, the Committee on Budgets and the Committee on Economic and Monetary Affairs held a hearing with Wilhelm Molterer, the proposed candidate for the function of Managing Director of the EFSI, at which he made an opening statement and then responded to questions from the members of the Committees;












1.


Gives its consent to the appointment of Wilhelm Molterer as the Managing Director of the European Fund for Strategic Investments;












2.


Instructs its President to forward this decision to the Council, the Commission, the European Investment Bank and the governments of the Member States.






(1)  OJ L 169, 1.7.2015, p. 1.
Euro exchange rates
Date: 2018-10-23
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018382EN.01000901.xml










23.10.2018   


EN


Official Journal of the European Union


C 382/9






Euro exchange rates (1)

22 October 2018
(2018/C 382/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1494 




JPY


Japanese yen


129,63 




DKK


Danish krone


7,4603 




GBP


Pound sterling


0,88425 




SEK


Swedish krona


10,3310 




CHF


Swiss franc


1,1456 




ISK


Iceland króna


135,20 




NOK


Norwegian krone


9,4688 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,848 




HUF


Hungarian forint


323,12 




PLN


Polish zloty


4,2905 




RON


Romanian leu


4,6669 




TRY


Turkish lira


6,5090 




AUD


Australian dollar


1,6185 




CAD


Canadian dollar


1,5044 




HKD


Hong Kong dollar


9,0107 




NZD


New Zealand dollar


1,7492 




SGD


Singapore dollar


1,5855 




KRW


South Korean won


1 300,75 




ZAR


South African rand


16,4250 




CNY


Chinese yuan renminbi


7,9801 




HRK


Croatian kuna


7,4325 




IDR


Indonesian rupiah


17 467,72 




MYR


Malaysian ringgit


4,7797 




PHP


Philippine peso


61,841 




RUB


Russian rouble


75,0427 




THB


Thai baht


37,672 




BRL


Brazilian real


4,2590 




MXN


Mexican peso


22,1820 




INR


Indian rupee


84,5460 






(1)  Source: reference exchange rate published by the ECB.
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12386/2017– C8-0175/2018 — 2017/0179(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Barbados, EU visa policy, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011401.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/114






P8_TA(2018)0392
EU-Barbados Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12386/2017– C8-0175/2018 — 2017/0179(NLE))
(Consent)
(2020/C 345/27)

The European Parliament,






—


having regard to the draft Council decision (12386/2017),










—


having regard to the draft agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12385/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0175/2018),










—


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 Civil Liberties, Justice and Home Affairs (A8-0301/2018),












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 Barbados.
Case C-663/18: Request for a preliminary ruling from the Cour d’appel d’Aix-En-Provence (France) lodged on 23 October 2018 — Criminal proceedings against B S and C A
Date: 2018-10-23
Institutions: Court of Justice
Subjects: EU direct payments, aid to agriculture, common organisation of markets, free movement of goods, hemp








C_2019004EN.01001802.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/18






Request for a preliminary ruling from the Cour d’appel d’Aix-En-Provence (France) lodged on 23 October 2018 — Criminal proceedings against B S and C A
(Case C-663/18)
(2019/C 4/25)
Language of the case: French

Referring court

Cour d’appel d’Aix-En-Provence

Parties to the main proceedings

B S and C A

Interveners: Ministère public, Conseil national de l’ordre des pharmaciens

Question referred

The Court of Justice of the European Union is requested to deliver a preliminary ruling on the interpretation of Articles 28, 29, 30 and 32 TFEU, of Regulations No 1307/2013 (1) and No 1308/2013 (2) and of the principle of the free movement of goods, referring to it the question whether those provisions must be interpreted as meaning that the derogating provisions introduced by the arrêté (Decree) of 22 August 1990, by limiting the cultivation, industrialisation and marketing of hemp solely to fibre and seeds, impose a restriction that is not in accordance with [EU] law.


(1)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ 2013 L 347, p. 608).

(2)  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 (OJ 2013 L 347, p. 671).
Non-opposition to a notified concentration (Case M.9005 — Booking Holdings/HotelsCombined) (Text with EEA relevance.)
Date: 2018-10-23
Institutions: Directorate-General for Competition, European Commission
Subjects: Internet, economic concentration, merger control, provision of services, supply, travel








C_2019070EN.01000801.xml










25.2.2019   


EN


Official Journal of the European Union


C 70/8






Non-opposition to a notified concentration
(Case M.9005 — Booking Holdings/HotelsCombined)
(Text with EEA relevance)
(2019/C 70/02)
On 23 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 32018M9005. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12393/2017 — C8-0176/2018 — 2017/0176(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU visa policy, Saint Kitts and Nevis, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011301.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/113






P8_TA(2018)0391
EU-Federation of Saint Kitts and Nevis Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12393/2017 — C8-0176/2018 — 2017/0176(NLE))
(Consent)
(2020/C 345/26)

The European Parliament,






—


having regard to the draft Council decision (12393/2017),










—


having regard to the draft agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12391/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0176/2018),










—


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 Civil Liberties, Justice and Home Affairs (A8-0306/2018),












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 Federation of St Kitts and Nevis.
Case T-634/18: Action brought on 23 October 2018 — Geske v EUIPO (revolutionary air pulse technology)
Date: 2018-10-23
Institutions: General Court
Subjects: EU trade mark, electrical equipment, registered trade mark, retail trade, sexuality, trade-mark law








C_2019004EN.01003501.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/35






Action brought on 23 October 2018 — Geske v EUIPO (revolutionary air pulse technology)
(Case T-634/18)
(2019/C 4/46)
Language of the case: German

Parties


Applicant: André Geske (Lübbecke, Germany) (represented by: R. Albrecht, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Mark at issue: Application for EU word mark revolutionary air pulse technology — Application for registration No 17 025 231

Contested decision: Decision of the Second Board of Appeal of EUIPO of 5 September 2018 in Case R 2721/2017-2

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred in the appeal proceedings before EUIPO.





Pleas in law







—


Infringement of Article 7(1)(b) and (c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12383/2017 — C8-0174/2018 — 2017/0171(NLE))
Date: 2018-10-23
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Antigua and Barbuda, EU visa policy, Schengen Agreement, agreement (EU), external border of the EU, foreign national, ratification of an agreement, revision of an agreement








C_2020345EN.01011201.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/112






P8_TA(2018)0390
EU-Antigua and Barbuda Agreement on the short-stay visa waiver ***
European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12383/2017 — C8-0174/2018 — 2017/0171(NLE))
(Consent)
(2020/C 345/25)

The European Parliament,






—


having regard to the draft Council decision (12383/2017),










—


having regard to the draft agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12382/2017),










—


having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0174/2018),










—


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 Civil Liberties, Justice and Home Affairs (A8-0305/2018),












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 Antigua and Barbuda.
Case C-665/18: Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 23 October 2018 — Pólus Vegas Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
Date: 2018-10-23
Institutions: Court of Justice
Subjects: automatic game, equal treatment, freedom to provide services, game of chance, gaming establishment, restriction on competition, tax system








C_2019122EN.01000301.xml










1.4.2019   


EN


Official Journal of the European Union


C 122/3






Request for a preliminary ruling from the Fővárosi Közigazgatási és Munkaügyi Bíróság (Hungary) lodged on 23 October 2018 — Pólus Vegas Kft. v Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága
(Case C-665/18)
(2019/C 122/03)
Language of the case: Hungarian

Referring court

Fővárosi Közigazgatási és Munkaügyi Bíróság

Parties to the main proceedings


Applicant: Pólus Vegas Kft.

Defendant: Nemzeti Adó- és Vámhivatal Fellebbviteli Igazgatósága

Questions referred







1.


May paragraphs 39 to 42 of the judgment delivered by the Court of Justice of the European Union in Case C-98/14 be interpreted as meaning that the fact that domestic legislation increases five-fold the fixed-rate tax on gaming, without providing for any transitional arrangements, while at the same time introducing a proportional tax on gaming, constitutes a restriction on the freedom to provide services under Article 56 TFEU?










2.


May the terms ‘impede’ or ‘render less attractive’ which are used in the judgment in Case C-98/14 be interpreted — having regard to and in application of Additional Protocol No 1 to the European Convention on Human Rights (ECHR) and Article 17 of the Charter of Fundamental Rights of the European Union — as meaning that an unjustified and unreasonable increase in the tax on gaming in a Member State deprives the organisers of games of chance in amusement arcades of their profits in a disproportionate and discriminatory fashion which distorts competition in favour of casinos and infringes the aforementioned Additional Protocol to the ECHR and Article 17 of the Charter of Fundamental Rights of the European Union?










3.


May the content of the judgment delivered in Case C-98/14 be interpreted as meaning that the fact that the operation of gaming machines ceases to be profitable and may be carried on only at a loss as a result of an unjustified and unreasonable increase in the tax on gaming warrants the assessment that that increase has the effect of ‘impeding’ that activity or ‘rendering it less attractive’?










4.


In the context of the implementation in the Member State of the judgment delivered in Case C-98/14, may the freedom to provide services be interpreted as meaning that amusement arcades and casinos operated in a Member State must, in principle, be assumed to entail an EU cross-border component consisting in the fact that EU citizens from other Member States may also make use of the gaming opportunities in question?