do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2018/1612 of 25 October 2018 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi
Date: 2018-10-25
Institutions: Council of the European Union
Subjects: Burundi, EU restrictive measure, economic sanctions, international sanctions, natural person








L_2018268EN.01004901.xml










26.10.2018   


EN


Official Journal of the European Union


L 268/49








            COUNCIL DECISION (CFSP) 2018/1612
of 25 October 2018
         
amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi


THE COUNCIL OF THE EUROPEAN UNION,

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


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

Whereas:







(1)


On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 (1) concerning restrictive measures in view of the situation in Burundi.












(2)


On the basis of a review of Decision (CFSP) 2015/1763, the restrictive measures should be renewed until 31 October 2019.












(3)


Additional identifying information concerning one natural person is available.












(4)


Decision (CFSP) 2015/1763 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The second paragraph of Article 6 of Decision (CFSP) 2015/1763 is replaced by the following:

‘This Decision shall apply until 31 October 2019.’.



Article 2
The Annex to Decision (CFSP) 2015/1763 is amended as set out in the Annex to this Decision.


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




Done at Brussels, 25 October 2018.


For the Council


The President

J. BOGNER-STRAUSS
            





(1)  Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257, 2.10.2015, p. 37).




ANNEX
In the Annex to Decision (CFSP) 2015/1763, entry 3 under the heading ‘List of natural and legal persons, entities and bodies referred to in Articles 1 and 2’ is replaced by the following:









 


Name


Identifying Information


Grounds for designation




‘3.


Mathias/Joseph NIYONZIMA
alias KAZUNGU


DOB: 6.3.1956; 2.1.1967
POB: Kanyosha Commune, Mubimbi, Bujumbura-Rural Province, Burundi
Registration number (SNR): O/00064
Burundian nationality. Passport number: OP0053090


Officer of the National Intelligence Service. Responsible for obstructing the search for a political solution in Burundi by inciting violence and acts of repression during the demonstrations that started on 26 April 2015 following the announcement of the presidential candidacy of President Nkurunziza. Responsible for helping to train, coordinate and arm the Imbonerakure paramilitary militias, including outside Burundi, who are responsible for acts of violence, repression and serious human rights abuses in Burundi.’
Case C-433/17 P: Judgment of the Court (Sixth Chamber) of 25 October 2018 — Enercon GmbH v European Union Intellectual Property Office (EUIPO), Gamesa Eólica, SL (Appeal – EU trade mark – Regulation (EC) No 207/2009 – Article 7(1)(b) – Invalidity proceedings – Article 53 – EU colour mark consisting of blended shades of green – Partial declaration of invalidity – Remittal of the case to the Cancellation Division)
Date: 2018-10-25
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law, turbine, wind energy








C_2019004EN.01000601.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/6






Judgment of the Court (Sixth Chamber) of 25 October 2018 — Enercon GmbH v European Union Intellectual Property Office (EUIPO), Gamesa Eólica, SL
(Case C-433/17 P) (1)

(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Article 7(1)(b) - Invalidity proceedings - Article 53 - EU colour mark consisting of blended shades of green - Partial declaration of invalidity - Remittal of the case to the Cancellation Division)
(2019/C 4/07)
Language of the case: English

Parties


Appellant: Enercon GmbH (represented by: R. Böhm, Rechtsanwalt, and M. Silverleaf QC)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Botis, V. Ruzek and A. Folliard-Monguiral, acting as Agents), Gamesa Eólica, SL (represented by: A. Sanz Cerralbo, abogada)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Enercon GmbH to pay the costs.






(1)  OJ C 412, 4.12.2017.
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance.)
Date: 2018-10-25
Institutions: European Commission
Subjects: Auvergne-Rhône-Alpes, France, Ile-de-France, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2018385EN.01000501.xml










25.10.2018   


EN


Official Journal of the European Union


C 385/5






Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 385/04)






Member State


France




Route concerned


Aurillac – Paris (Orly)




Period of validity of the contract


From 1 June 2019 to 31 May 2023




Deadline for the submission of applications and tenders


10 January 2019 (12.00, Paris time)




Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained







Département du Cantal




28 avenue Gambetta




15015 Aurillac Cedex




France




Tel. +33 0471462249




Fax +33 0471465982




Email: servicetransports@cantal.fr




or at:




http://www.cantal.fr




where the buyer profile can be found
Case C-426/17: Order of the Court (Sixth Chamber) of 25 October 2018 (request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa — Spain) — Elena Barba Giménez v Francisca Carrión Lozano (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court — Charter of Fundamental Rights of the European Union — Article 47 — Beneficiary of legal aid — Remuneration of legal aid lawyers — Fee scale set by order of the Bar Council — No prior information on fees provided by the lawyer to her client — Complaint as to fees — Examination as to whether terms and practices are unfair — Main dispute — Referral to a competent body — No referral to the referring court — Answers to the questions referred for a preliminary ruling — Utility — None — Manifest inadmissibility)
Date: 2018-10-25
Institutions: Court of Justice
Subjects: claim, consumer protection, enforcement of ruling, lawyer, legal expenses, remuneration of work, restriction on competition, right to justice, unfair terms of contract








C_2019016EN.01002601.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/26






Order of the Court (Sixth Chamber) of 25 October 2018 (request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa — Spain) — Elena Barba Giménez v Francisca Carrión Lozano
(Case C-426/17) (1)

((Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court - Charter of Fundamental Rights of the European Union - Article 47 - Beneficiary of legal aid - Remuneration of legal aid lawyers - Fee scale set by order of the Bar Council - No prior information on fees provided by the lawyer to her client - Complaint as to fees - Examination as to whether terms and practices are unfair - Main dispute - Referral to a competent body - No referral to the referring court - Answers to the questions referred for a preliminary ruling - Utility - None - Manifest inadmissibility))
(2019/C 16/32)
Language of the case: Spanish

Referring court

Juzgado de lo Social No 2 de Terrassa

Parties to the main proceedings


Applicant: Elena Barba Giménez

Defendant: Francisca Carrión Lozano

Operative part of the order

The request for a preliminary ruling made by the Juzgado de lo Social No 2 de Terrassa (Social Court No 2, Terrassa, Spain), by decision of 27 June 2017, is manifestly inadmissible.


(1)  OJ C 300, 11.9.2017.
Case T-347/18 R II: Order of the President of the General Court of 25 October 2018 — Laboratoire Pareva v Commission (Interim relief — Regulation (EU) No 528/2012 — Biocidal products — Active substance PHMB (1415; 4.7) — Approval refused — Application for interim measures — New application — No new facts — Inadmissibility)
Date: 2018-10-25
Institutions: General Court
Subjects: chemical product, decontamination, market approval








C_2019044EN.01007201.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/72






Order of the President of the General Court of 25 October 2018 — Laboratoire Pareva v Commission
(Case T-347/18 R II)
((Interim relief - Regulation (EU) No 528/2012 - Biocidal products - Active substance PHMB (1415; 4.7) - Approval refused - Application for interim measures - New application - No new facts - Inadmissibility))
(2019/C 44/95)
Language of the case: English

Parties


Applicant: Laboratoire Pareva (St. Martin de Crau, France) (represented by: K. Van Maldegem and S. Engelbert, lawyers)

Defendant: European Commission (represented by: R. Lindenthal and K. Mifsud-Bonnici, acting as Agents)

Re:

Application pursuant to Articles 278 TFEU and 279 TFEU seeking, first, suspension of operation of Commission Implementing Regulation (EU) 2018/613 of 20 April 2018 approving PHMB (1415; 4.7) as an existing active substance for use in biocidal products of product-types 2 and 4 (OJ 2018 L 102, p. 1), and, secondly, the adoption of any other appropriate interim measure.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case T-612/11: Order of the General Court of 25 October 2018 — Treofan Holdings and Treofan Germany v Commission (State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
Date: 2018-10-25
Institutions: General Court
Subjects: Germany, State aid, company in difficulties, control of State aid, corporation tax, economic reconstruction, financial loss, tax relief








C_2019044EN.01005001.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/50






Order of the General Court of 25 October 2018 — Treofan Holdings and Treofan Germany v Commission
(Case T-612/11) (1)

((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/63)
Language of the case: German

Parties


Applicants: Treofan Holdings GmbH (Raunheim, Germany), Treofan Germany GmbH & Co. KG (Neunkirchen, Germany) (represented by: J de Weerth, lawyer)

Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche and M. Adam, then, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the order







1.


There is no need to adjudicate on the action;










2.


The European Commission is ordered to pay its own costs as well as those incurred by Treofan Holdings GmbH and Treofan Germany GmbH & Co. KG;










3.


The Federal Republic of Germany is ordered to bear its own costs.






(1)  OJ C 32, 4.2.2012.
Case T-419/18 R: Order of the President of the General Court of 25 October 2018 — Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission (Interim proceedings — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of certain information contained in a decision establishing an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case)
Date: 2018-10-25
Institutions: General Court
Subjects: Euribor, bank, cartel, competition policy, confidentiality, disclosure of information, euro, infringement of EU law, interest, rights of the defence








C_2019044EN.01007301.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/73






Order of the President of the General Court of 25 October 2018 — Crédit agricole and Crédit agricole Corporate and Investment Bank v Commission
(Case T-419/18 R)
((Interim proceedings - Competition - Euro Interbank Offered Rates (Euribor) - Euro Interest Rate Derivatives (EIRD) - Rejection of the request for confidential treatment of certain information contained in a decision establishing an infringement of Article 101 TFEU - Principle of the presumption of innocence - Application for interim measures - No prima facie case))
(2019/C 44/96)
Language of the case: French

Parties


Applicants: Crédit agricole (Montrouge, France), Crédit agricole Corporate and Investment Bank (Montrouge) (represented by: J.-P. Tran Thiet, J. Jourdan, J.-J. Lemonnier, lawyers, and M. Powell, Solicitor)

Defendant: European Commission (represented by: B. Mongin, M. Farley and F. van Schaik, acting as Agents)

Re:

Application based on Articles 278 TFEU and 279 TFEU seeking, first, a suspension of operation of Commission Decision C(2018) 2743 final of 27 April 2018 concerning objections submitted by Crédit agricole and Crédit agricole Corporate and Investment Bank to the disclosure of information by way of publication, in accordance with Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case AT.39914 — Euro Interest Rate Derivatives (EIRD)) and, secondly, an order that the Commission refrain from publishing a version of its Decision C(2016) 8530 final of 7 December 2016 relating to proceedings under Article 101 TFEU and Article 53 of the Agreement [on the European Economic Area (EEA)] (Case AT.39914 — Euro Interest Rate Derivatives (EIRD)) containing elements which are allegedly confidential.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case T-621/11: Order of the General Court of 25 October 2018 — SiNN v Commission (State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
Date: 2018-10-25
Institutions: General Court
Subjects: Germany, State aid, company in difficulties, control of State aid, corporation tax, economic reconstruction, financial loss, tax relief








C_2019044EN.01005201.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/52






Order of the General Court of 25 October 2018 — SiNN v Commission
(Case T-621/11) (1)

((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/66)
Language of the case: German

Parties


Applicant: SiNN GmbH, formerly SinnLeffers GmbH (Hagen, Germany) (represented by: initially, C. Rupp and H. Wunderlich, then, H. Wunderlich and T. Engelmann, lawyers)

Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche and M. Adam, then, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the order







1.


There is no need to adjudicate on the action;










2.


The European Commission is ordered to pay its own costs as well as those incurred by SiNN GmbH;










3.


The Federal Republic of Germany is ordered to bear its own costs.






(1)  OJ C 39, 11.2.2012.
Case T-627/11: Order of the General Court of 25 October 2018 — ATMvision v Commission (State aid — German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) — Decision declaring aid incompatible with the internal market — Annulment of the contested measure by the Court — Action which has become devoid of purpose — No need to adjudicate)
Date: 2018-10-25
Institutions: General Court
Subjects: Germany, State aid, company in difficulties, control of State aid, corporation tax, economic reconstruction, financial loss, tax relief








C_2019044EN.01005302.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/53






Order of the General Court of 25 October 2018 — ATMvision v Commission
(Case T-627/11) (1)

((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))
(2019/C 44/68)
Language of the case: German

Parties


Applicant: ATMvision AG (Salem, Germany) (represented by: initially, A. Cordewener, F. Kutt and C. Jehke, then, F. Kutt and C. Jehke, lawyers)

Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche, M. Adam and M. Noll0Ehlers, then, R. Lyal, T. Maxian Rusche and M. Noll-Ehlers and finally, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the order







1.


There is no need to adjudicate on the action;










2.


The European Commission is ordered to pay its own costs as well as those incurred by ATMvision AG;










3.


The Federal Republic of Germany is ordered to bear its own costs.






(1)  OJ C 49, 18.2.2012.
Case T-420/18 R: Order of the President of the General Court of 25 October 2018 — JPMorgan Chase and Others v Commission (Application for interim measures — Competition — Euro Interbank Offered Rates (Euribor) — Euro Interest Rate Derivatives (EIRD) — Rejection of the request for confidential treatment of a decision establishing an infringement of Article 101 TFEU — Principle of the presumption of innocence — Application for interim measures — No prima facie case)
Date: 2018-10-25
Institutions: General Court
Subjects: Euribor, bank, cartel, competition policy, confidentiality, disclosure of information, euro, infringement of EU law, interest, rights of the defence








C_2019044EN.01007302.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/73






Order of the President of the General Court of 25 October 2018 — JPMorgan Chase and Others v Commission
(Case T-420/18 R)
((Application for interim measures - Competition - Euro Interbank Offered Rates (Euribor) - Euro Interest Rate Derivatives (EIRD) - Rejection of the request for confidential treatment of a decision establishing an infringement of Article 101 TFEU - Principle of the presumption of innocence - Application for interim measures - No prima facie case))
(2019/C 44/97)
Language of the case: English

Parties


Applicants: JPMorgan Chase & Co (New York, New York, United States), JPMorgan Chase Bank, National Association (Columbus, Ohio, United States), J. P. Morgan Services LLP (London, United Kingdom) (represented by: M. Lester QC, D. Piccinin, D. Heaton, Barristers, B. Tormey, N. French, N. Frey and D. Das, Solicitors)

Defendant: European Commission (represented by: M. Farley, B. Mongin and F. van Schaik, acting as Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking, first, a stay on the operation of Commission Decision C(2018) 2745 final of 27 April 2018, on objections to the disclosure of information by their publication raised by JPMorgan Chase & Co., JPMorgan Chase Bank, National Association and J.P. Morgan Services, in accordance with Article 8 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (Case AT.39914 — Euro Interest Rate Derivatives (EIRD)), and, second, an order requiring the Commission to refrain from publishing Commission Decision C(2016) 8530 final of 7 December 2016 relating to a proceeding under Article 101 TFEU and Article 53 of the Agreement on the European Economic Area (Case AT.39914 — Euro Interest Rate Derivatives (EIRD)).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The order of 11 July 2018, JPMorgan Chase and Others v Commission (T-420/18 R), is cancelled.










3.


The costs are reserved.