do-me/EUR-LEX huggingface dataset:
European Parliament legislative resolution of 24 October 2018 on the proposal for a Council directive amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (COM(2018)0334 — C8-0269/2018 — 2018/0173(CNS))
Date: 2018-10-24
Institutions: Committee on Economic and Monetary Affairs, European Parliament
Subjects: alcohol, approximation of laws, beer, beverage industry, chemical alcohol, cider, ethanol, excise duty, tax harmonisation, tax relief








C_2020345EN.01028801.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/288






P8_TA(2018)0415
Harmonisation of the structures of excise duties on alcohol and alcoholic beverages *
European Parliament legislative resolution of 24 October 2018 on the proposal for a Council directive amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (COM(2018)0334 — C8-0269/2018 — 2018/0173(CNS))
(Special legislative procedure — consultation)
(2020/C 345/44)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2018)0334),










—


having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0269/2018),










—


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










—


having regard to the report of the Committee on Economic and Monetary Affairs (A8-0307/2018),












1.


Approves the Commission proposal as amended;












2.


Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;












3.


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












4.


Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.





Amendment 1


Proposal for a directive


Recital 2 a (new)








Text proposed by the Commission




Amendment





 










(2a)






In its judgment of 17 May 2018 in Case C-30/17 Kompania Piwowarska

 (1a)

the Court of Justice ruled on the calculation of the degree Plato.











Amendment 2


Proposal for a directive


Article 1 — paragraph 1 — point 1

Directive 92/83/EEC
Article 3 — paragraph 1 — subparagraph 1 a







Text proposed by the Commission




Amendment





All the ingredients of the beer, 
including
 those added after fermentation, shall be taken into account for the purposes of measuring the degree Plato.;


All the ingredients of the beer, 
with the exception of
 those added after 
the completion of
 fermentation, shall be taken into account for the purposes of measuring the degree Plato.






(1a)  
Judgment of the Court of Justice of 17 May 2018, Kompania Piwowarska, C-30/17, ECLI:EU:C:2018:325.
Case T-63/17: Judgment of the General Court of 24 October 2018 — Grupo Orenes v EUIPO — Akamon Entertainment Millenium (Bingo VIVA! Slots) (European Union trade mark — Opposition proceedings — Application for European Union figurative mark Bingo VIVA! Slots — Earlier European Union figurative mark vive bingo — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Subject matter of the dispute)
Date: 2018-10-24
Institutions: General Court
Subjects: EU trade mark, automatic game, game of chance, registered trade mark, trade-mark law








C_2018445EN.01001601.xml










10.12.2018   


EN


Official Journal of the European Union


C 445/16






Judgment of the General Court of 24 October 2018 — Grupo Orenes v EUIPO — Akamon Entertainment Millenium (Bingo VIVA! Slots)
(Case T-63/17) (1)

((European Union trade mark - Opposition proceedings - Application for European Union figurative mark Bingo VIVA! Slots - Earlier European Union figurative mark vive bingo - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Subject matter of the dispute))
(2018/C 445/20)
Language of the case: Spanish

Parties


Applicant: Grupo Orenes (Murcia, Spain) (represented by: M. J. Sanmartín Sanmartín, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Akamon Entertainment Millenium (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 7 November 2016 (Case R 453/2016-2) concerning opposition proceedings between Grupo Orenes and Akamon Entertainment Millenium.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Grupo Orenes to pay the costs.






(1)  OJ C 95, 27.3.2017.
Case C-666/18: Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 24 October 2018 — IT Development SAS v Free Mobile SAS
Date: 2018-10-24
Institutions: Court of Justice
Subjects: copyright, data-processing law, industrial property, software








C_2019004EN.01001901.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/19






Request for a preliminary ruling from the Cour d’appel de Paris (France) lodged on 24 October 2018 — IT Development SAS v Free Mobile SAS
(Case C-666/18)
(2019/C 4/26)
Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings


Appellant: IT Development SAS

Respondent: Free Mobile SAS

Question referred

Does a software licensee’s non-compliance with the terms of a software licence agreement (by expiry of a trial period, by exceeding the number of authorised users or some other limit, such as the number of processors which may be used to execute the software instructions, or by modifying the source code of the software where the licence reserves that right to the initial rightholder) constitute:






—


an infringement (for the purposes of Directive 2004/48 of 29 April 2004 (1)) of a right of the author of the software which is reserved by Article 4 of Directive 2009/24/EC of 23 April 2009 on the legal protection of computer programs (2)











—


or may it comply with a separate system of legal rules, such as the system of rules on contractual liability under ordinary law?






(1)  Directive 2004/48/EC of the European parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45).

(2)  Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ 2009 L 111, p. 16).
Case T-477/16: Judgment of the General Court of 24 October 2018 — Epsilon International v Commission (Arbitration clause — Contracts concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Interest in bringing proceedings — Eligible costs — Suspension of payment — Application for annulment — Decision to register the applicant in the central database of the Early Detection and Exclusion System (EDES) — Act not open to challenge — Inadmissibility)
Date: 2018-10-24
Institutions: General Court
Subjects: Framework Programme for Research and Development, audit, auditing, damages, financial aid, indemnification, principle of proportionality, rights of the defence








C_2018445EN.01001501.xml










10.12.2018   


EN


Official Journal of the European Union


C 445/15






Judgment of the General Court of 24 October 2018 — Epsilon International v Commission
(Case T-477/16) (1)

((Arbitration clause - Contracts concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Interest in bringing proceedings - Eligible costs - Suspension of payment - Application for annulment - Decision to register the applicant in the central database of the Early Detection and Exclusion System (EDES) - Act not open to challenge - Inadmissibility))
(2018/C 445/19)
Language of the case: English

Parties


Applicant: Epsilon International SA (Marousi, Greece) (represented by: D. Bogaert and A. Guillerme, lawyers)

Defendant: European Commission (represented by: J. Estrada de Solà, A. Katsimerou and A. Kyratsou, acting as Agents)

Re:

Application, first, under Article 272 TFEU for a declaration (i) that the amounts paid by the Commission under the Briseide, i-SCOPE and Smart-Islands grant agreements constitute eligible costs; (ii) that the Commission’s decisions to suspend payments in respect of the i-Locate, eENV-Plus, GeoSmartCity and c-Space projects are unfounded; (iii) that the Commission’s unlawful conduct caused damage to the applicant; and, second, (i) under Article 263 TFEU for annulment of the decision of the Commission of 17 June 2016 (Ares (2016) 2835215) registering EPSILON in the Early Detection and Exclusion System (EDES) database and (ii) under Article 268 TFEU for the award of compensation in respect of the damage allegedly suffered by the applicant as a result of that act.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Epsilon International SA to pay the costs.






(1)  OJ C 402, 31.10.2016.
Prior notification of a concentration (Case M.8881 — Bergé/GEFCO/JV) (Text with EEA relevance.)
Date: 2018-10-24
Institutions: European Commission
Subjects: Spain, economic concentration, logistics, merger control, motor vehicle industry








C_2018384EN.01000801.xml










24.10.2018   


EN


Official Journal of the European Union


C 384/8






Prior notification of a concentration
(Case M.8881 — Bergé/GEFCO/JV)
(Text with EEA relevance)
(2018/C 384/05)

1.   
On 16 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:






—


Bergé Automotive Logistics, S.L. (‘BAL’, Spain), belonging to Bergé y Cía, S.A.,










—


GEFCO España, S.A. (‘GEFCO España’, Spain), belonging to GEFCO, S.A. (GEFCO, France).




BAL and GEFCO España acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly-created company that would integrate and manage the finished vehicle logistic businesses and assets of both companies in Spain.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:
—   for BAL: the provision of logistics services to the automotive industry in Spain.
—   for GEFCO España: the provision of logistics services to a variety of industries, including the provision of integrated logistics services to the automotive industry in Spain. GEFCO offers supply chain solutions including automotive logistics, and is ultimately controlled by the Russian state-owned rail company RZD.


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.8881 — Bergé/GEFCO/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 +32 229-64301




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’).
Case C-595/17: Judgment of the Court (Third Chamber) of 24 October 2018 (request for a preliminary ruling from the Cour de cassation — France) — Apple Sales International, Apple Inc., Apple retail France EURL v MJA, acting as liquidator of eBizcuss.com (Reference for a preliminary ruling – Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Regulation (EC) No 44/2001 – Article 23 – Jurisdiction clause in a distribution contract – Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier)
Date: 2018-10-24
Institutions: Court of Justice
Subjects: civil liability proceedings, competition law, damages, distributor, judicial cooperation in civil matters in the EU, jurisdiction, supplier








C_2019004EN.01000901.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/9






Judgment of the Court (Third Chamber) of 24 October 2018 (request for a preliminary ruling from the Cour de cassation — France) — Apple Sales International, Apple Inc., Apple retail France EURL v MJA, acting as liquidator of eBizcuss.com
(Case C-595/17) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Article 23 - Jurisdiction clause in a distribution contract - Action for damages by the distributor based on the infringement of Article 102 TFEU by the supplier)
(2019/C 4/12)
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicants: Apple Sales International, Apple Inc., Apple retail France EURL

Defendants: MJA, acting as liquidator of eBizcuss.com

Operative part of the judgment







1.


Article 23 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that the application, in the context of an action for damages brought by a distributor against its supplier on the basis of Article 102 TFEU, of a jurisdiction clause within the contract binding the parties is not excluded on the sole ground that that clause does not expressly refer to disputes relating to liability incurred as a result of an infringement of competition law.










2.


Article 23 of Regulation No 44/2001 must be interpreted as meaning that it is not a prerequisite for the application of a jurisdiction clause, in the context of an action for damages brought by a distributor against its supplier on the basis of Article 102 TFEU, that there be a finding of an infringement of competition law by a national or European authority.






(1)  OJ C 437,18.12.2017.
Case C-602/17: Judgment of the Court (Sixth Chamber) of 24 October 2018 (request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — Benoît Sauvage, Kristel Lejeune v État belge (Reference for a preliminary ruling – Freedom of movement for workers – Income received in a Member State other than the Member State of residence – Bilateral convention for the avoidance of double taxation – Allocation of powers of taxation – Member State of residence’s power to tax – Connecting factors)
Date: 2018-10-24
Institutions: Court of Justice
Subjects: Belgium, Luxembourg, double taxation, free movement of workers, frontier worker, residence, tax convention, workplace








C_2019004EN.01001001.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/10






Judgment of the Court (Sixth Chamber) of 24 October 2018 (request for a preliminary ruling from the Tribunal de première instance de Liège — Belgium) — Benoît Sauvage, Kristel Lejeune v État belge
(Case C-602/17) (1)

(Reference for a preliminary ruling - Freedom of movement for workers - Income received in a Member State other than the Member State of residence - Bilateral convention for the avoidance of double taxation - Allocation of powers of taxation - Member State of residence’s power to tax - Connecting factors)
(2019/C 4/13)
Language of the case: French

Referring court

Tribunal de première instance de Liège

Parties to the main proceedings


Applicant: Benoît Sauvage, Kristel Lejeune

Defendant: État belge

Operative part of the judgment

Article 45 TFEU must be interpreted as meaning that it does not preclude a tax scheme of a Member State under a tax convention for the avoidance of double taxation, such as that at issue in the main proceedings, which makes the exemption of the income of a resident which arises in another Member State and relates to employment in that State subject to the condition that the activity in respect of which the income is paid is actually performed in that State.


(1)  OJ C 437, 18.12.2017.
Prior notification of a concentration (Case M.8832 — Knauf/Armstrong) (Text with EEA relevance.)
Date: 2018-10-24
Institutions: European Commission
Subjects: building insulation, building materials, economic concentration, merger control








C_2018384EN.01001001.xml










24.10.2018   


EN


Official Journal of the European Union


C 384/10






Prior notification of a concentration
(Case M.8832 — Knauf/Armstrong)
(Text with EEA relevance)
(2018/C 384/07)

1.   
On 17 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:






—


Knauf International GmbH (Germany),










—


Armstrong World Industries, Inc. (United States).




Knauf International GmbH (‘Knauf’) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over (i) subsidiaries of Armstrong World Industries, Inc. (‘Armstrong’) in Europe, the Middle East and Africa (EMEA), and Asia Pacific (APAC), and (ii) designated subsidiaries of Armstrong’s joint venture with Worthington Industries with operations in EMEA and APAC (jointly ‘the Target’).
The concentration is accomplished by way of purchase of shares.
The concentration has been referred to the Commission by the Austrian Federal Competition Authority, pursuant to Article 22(3) of the Merger Regulation. The referral was subsequently joined by Germany, Lithuania, Spain and the United Kingdom.
The same concentration was already notified to the Commission on 20 June 2018, but the notification was subsequently withdrawn on 24 July 2018


2.   
The business activities of the undertakings concerned are:






—


Knauf is a manufacturer of insulation materials, dry-lining systems, plasters, and other products,










—


Armstrong designs and manufactures commercial and residential ceiling, wall and suspension system solutions,










—


The Target is active in the manufacture and sale of modular suspended ceilings in EMEA and APAC, and consists of the ceiling business of Armstrong outside of the Americas.






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.8832 — Knauf/Armstrong
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’).
European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Ireland (11265/2018 — C8-0388/2018 — 2018/0808(CNS))
Date: 2018-10-24
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: Ireland, biometrics, cross-frontier data flow, data protection, exchange of information, information system, personal data








C_2020345EN.01023501.xml










16.10.2020   


EN


Official Journal of the European Union


C 345/235






P8_TA(2018)0408
Launch of automated data exchange with regard to dactyloscopic data in Ireland *
European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Ireland (11265/2018 — C8-0388/2018 — 2018/0808(CNS))
(Consultation)
(2020/C 345/37)

The European Parliament,






—


having regard to the Council draft (11265/2018),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8-0388/2018),










—


having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), and in particular Article 33 thereof,










—


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










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0344/2018),












1.


Approves the Council draft;












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 and the Commission.






(1)  OJ L 210, 6.8.2008, p. 1.