do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9166 — Santander Group/Hyundai Motor Company Group/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-11-23
Institutions: European Commission
Subjects: banking, economic concentration, financial services, merger control, motor vehicle industry








C_2018423EN.01002301.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/23






Prior notification of a concentration
(Case M.9166 — Santander Group/Hyundai Motor Company Group/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 423/09)

1.   
On 14 November 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:






—


Santander Consumer Bank AG (‘SCB’, Spain), solely controlled by Santander Banco Santander, S.A. (‘Santander’, Spain),










—


Hyundai Capital Services Inc. (‘HCS’, South Korea), solely controlled by Hyundai Motor Company (‘HCM’, South Korea).




The proposed concentration consists of the acquisition of joint control by Santander, through its subsidiary SCB, and HCM, through its subsidiary HCS, over a newly created joint venture (the ‘JV’).
The Transaction is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Santander is active in retail banking, asset management, corporate and investment banking, treasury and insurance. Santander operates across Europe, as well as in the United States, Latin America, and Asia,










—


HCM is a manufacturer of motor vehicles. HCM also offers financial services through its subsidiary HCS,










—


the JV will offer automotive financing services related to Hyundai and Kia-branded motor vehicles in Europe, as well as related services, such as insurance.






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.9166 — Santander Group/Hyundai Motor Company Group/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 22964301




Postal address:




European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË







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

(2)  OJ C 366, 14.12.2013, p. 5.
Case T-733/17 R: Order of the President of the General Court of 23 November 2018 — GMPO v Commission (Interim relief — Medicinal products for human use — Active substance trientine tetrahydrochloride — Commission decision not to classify the medicinal product Cuprior-trientine as an orphan medicinal product — Regulation (EC) No 141/2000 — Application for suspension of operation of a measure — Lack of urgency)
Date: 2018-11-23
Institutions: General Court
Subjects: drug surveillance, market approval, orphan disease, orphan drug








C_2019044EN.01006502.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/65






Order of the President of the General Court of 23 November 2018 — GMPO v Commission
(Case T-733/17 R)
((Interim relief - Medicinal products for human use - Active substance trientine tetrahydrochloride - Commission decision not to classify the medicinal product Cuprior-trientine as an orphan medicinal product - Regulation (EC) No 141/2000 - Application for suspension of operation of a measure - Lack of urgency))
(2019/C 44/85)
Language of the case: English

Parties


Applicant: GMP-Orphan (GMPO) (Paris, France) (represented by: M. Demetriou QC, E. Mackenzie, Barrister, L. Tsang and J. Mulryne, Solicitors)

Defendant: European Commission (represented by: K. Petersen and A. Sipos, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for suspension of operation of Article 5 of Commission Implementing Decision C(2017) 6102 final of 5 September 2017 granting marketing authorisation under Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1) for ‘Cuprior-trientine’, a medicinal product for human use.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Commission Regulation (EU) 2018/1871 of 23 November 2018 registering a geographical indication for a spirit drink in Annex III to Regulation (EC) No 110/2008 (‘Карнобатска гроздова ракия’/‘Гроздова ракия от Карнобат’/‘Karnobatska grozdova rakya’/‘Grozdova rakya ot Karnobat’ (GI))
Date: 2018-11-23
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Bulgaria, Burgas region, Yambol region, designation of origin, labelling, product designation, spirits








L_2018306EN.01000701.xml










30.11.2018   


EN


Official Journal of the European Union


L 306/7








            COMMISSION REGULATION (EU) 2018/1871
of 23 November 2018
         
registering a geographical indication for a spirit drink in Annex III to Regulation (EC) No 110/2008 (‘Карнобатска гроздова ракия’/‘Гроздова ракия от Карнобат’/‘Karnobatska grozdova rakya’/‘Grozdova rakya ot Karnobat’ (GI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (1), and in particular Article 17(8) thereof,

Whereas:







(1)


Pursuant to Article 17(5) of Regulation (EC) No 110/2008, the Commission examined Bulgaria's application for registration of the geographical indication ‘Карнобатска гроздова ракия’/‘Гроздова ракия от Карнобат’/‘Karnobatska grozdova rakya’/‘Grozdova rakya ot Karnobat’.












(2)


After concluding that the application complied with Regulation (EC) No 110/2008, the Commission published the main specifications of the technical file in the Official Journal of the European Union (2) as required by Article 17(6) of that Regulation.












(3)


As no statement of objection has been received by the Commission under Article 17(7) of Regulation (EC) No 110/2008, the indication ‘Карнобатска гроздова ракия’/‘Гроздова ракия от Карнобат’/‘Karnobatska grozdova rakya’/‘Grozdova rakya ot Karnobat’ should be registered as a geographical indication in Annex III thereto.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for Spirit Drinks,





HAS ADOPTED THIS REGULATION:



Article 1
In Annex III to Regulation (EC) No 110/2008, the following entry is added in the product category ‘Wine spirit’:








‘Wine spirit


“Карнобатска гроздова ракия”/“Гроздова ракия от Карнобат”/“Karnobatska grozdova rakya”/“Grozdova rakya ot Karnobat”


Bulgaria’







Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2018.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 39, 13.2.2008, p. 16.

(2)  
            OJ C 296, 7.9.2017, p. 23.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018423EN.01001902.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/19






Information communicated by Member States regarding closure of fisheries
(2018/C 423/05)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


27.9.2018




Duration


27.9.2018-31.12.2018




Member State


Spain




Stock or Group of stocks


RJU/8-C.




Species


Undulate ray (Raja undulata)




Zone


Union waters of 8




Type(s) of fishing vessels


—




Reference number


27/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Opinion of the advisory committee on restrictive practices and dominant positions at its meeting on 23 November 2018 concerning a draft decision in case AT.39849(1) BEH Gas — Rapporteur: Lithuania
Date: 2018-11-23
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Bulgaria, EU competition policy, control of restrictive practices, dominant position, energy grid, energy transport, gas pipeline, gas supply, sanction (EU), storage of hydrocarbons








C_2019121EN.01000301.xml










1.4.2019   


EN


Official Journal of the European Union


C 121/3






Opinion of the advisory committee on restrictive practices and dominant positions at its meeting on 23 November 2018 concerning a draft decision in case AT.39849(1) BEH Gas
Rapporteur: Lithuania
(2019/C 121/03)

1.   

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 9 November 2018 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’).



2.   

The Advisory Committee agrees with the Commission’s definition of the relevant product and geographic markets as the markets for (i) capacity-related services on the Bulgarian Transmission Network, (ii) capacity-related services on the Romanian Transit Pipeline 1; (iii) capacity-related services for storage at UGS Chiren, (iv) downstream wholesale supply of gas in Bulgaria, except for supplies to customers in the South West of Bulgaria; and (v) retail supply of gas to large end customers connected to the Bulgarian Transmission Network in Bulgaria, except for supplies to customers in the South West of Bulgaria.



3.   

The Advisory Committee agrees with the Commission that BEH, Bulgargaz and Bulgartransgaz abused their dominant position on the relevant markets by preventing, restricting and delaying third party access to the Bulgarian Transmission Network, UGS Chiren and Romanian Transit Pipeline 1 (by capacity hoarding) without objective justification.



4.   

The Advisory Committee agrees with the Commission that the conduct covered by the draft decision constitutes one single and continuous infringement of Article 102 TFEU.



5.   

The Advisory Committee agrees with the Commission that BEH, Bulgargaz and Bulgartransgaz should be held jointly and severally liable for the infringement.



6.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018423EN.01002001.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/20






Information communicated by Member States regarding closure of fisheries
(2018/C 423/06)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


27.9.2018




Duration


27.9.2018-31.12.2018




Member State


Spain




Stock or Group of stocks


RJU/9-C.




Species


Undulate ray (Raja undulata)




Zone


Union waters of 9




Type(s) of fishing vessels


—




Reference number


28/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2018-11-23
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018423EN.01001701.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/17






Euro exchange rates (1)

22 November 2018
(2018/C 423/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1403 




JPY


Japanese yen


128,80 




DKK


Danish krone


7,4616 




GBP


Pound sterling


0,88598 




SEK


Swedish krona


10,3035 




CHF


Swiss franc


1,1351 




ISK


Iceland króna


141,20 




NOK


Norwegian krone


9,7398 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,990 




HUF


Hungarian forint


321,52 




PLN


Polish zloty


4,3004 




RON


Romanian leu


4,6593 




TRY


Turkish lira


6,0336 




AUD


Australian dollar


1,5721 




CAD


Canadian dollar


1,5074 




HKD


Hong Kong dollar


8,9299 




NZD


New Zealand dollar


1,6744 




SGD


Singapore dollar


1,5652 




KRW


South Korean won


1 287,51 




ZAR


South African rand


15,7042 




CNY


Chinese yuan renminbi


7,9052 




HRK


Croatian kuna


7,4285 




IDR


Indonesian rupiah


16 584,00 




MYR


Malaysian ringgit


4,7801 




PHP


Philippine peso


59,749 




RUB


Russian rouble


74,7458 




THB


Thai baht


37,607 




BRL


Brazilian real


4,3368 




MXN


Mexican peso


23,0660 




INR


Indian rupee


80,6045 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.9131 — Blackstone/Telereal Trillium/Real Estate JV) (Text with EEA relevance.)
Date: 2018-11-23
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, real estate business, town and country planning








C_2018460EN.01000602.xml










21.12.2018   


EN


Official Journal of the European Union


C 460/6






Non-opposition to a notified concentration
(Case M.9131 — Blackstone/Telereal Trillium/Real Estate JV)
(Text with EEA relevance)
(2018/C 460/04)
On 23 November 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 32018M9131. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Special Report No 25/2018 — ‘Floods Directive: progress in assessing risks, while planning and implementation need to improve’
Date: 2018-11-23
Institutions: European Court of Auditors
Subjects: EU environmental policy, adaptation to climate change, environmental impact, environmental risk prevention, flood, public safety, town and country planning, water management, water protection, water resources








C_2018423EN.01001801.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/18






Special Report No 25/2018
‘Floods Directive: progress in assessing risks, while planning and implementation need to improve’
(2018/C 423/03)
The European Court of Auditors hereby informs you that Special Report No 25/2018 ‘Floods Directive: progress in assessing risks, while planning and implementation need to improve’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website (http://eca.europa.eu).
Case T-692/18: Action brought on 23 November 2018 — Montanari v EEAS
Date: 2018-11-23
Institutions: General Court
Subjects: access to EU information, access to information, principle of proportionality, provision of documents, report








C_2019035EN.01002701.xml










28.1.2019   


EN


Official Journal of the European Union


C 35/27






Action brought on 23 November 2018 — Montanari v EEAS
(Case T-692/18)
(2019/C 35/33)
Language of the case: French

Parties


Applicant: Marco Montanari (Reggio Emilia, Italy) (represented by: A. Champetier and S. Rodrigues, lawyers)

Defendant: European External Action Service

Form of order sought

The applicant claims that the Court should:






—


declare this action admissible and well founded;










—


annul the contested decision refusing the applicant access wholly or in part to the document referred to [below]; and










—


order the defendant to pay the full costs of the proceedings.





Pleas in law and main arguments

The action has been brought against the decision of 24 October 2018 of the European External Action Service refusing to grant the applicant access to the report of 29 July 2017 drawn up following the mediation mission carried out by the Head of the ‘Mission Support’ Division.
In support of the action, the applicant invokes three pleas in law.






1.


First plea in law, alleging infringement of Regulation No 1049/2001, Article 15(3) TFEU and Article 42 of the Charter of Fundamental Rights of the European Union. More specifically, the applicant submits that public access to the documents of the institutions is, in principle, the legal rule and the possibility of refusal is the exception. However, the exceptions provided for by Article 4 of Regulation No 1049/2001 and relied on by the European External Action Service cannot justify refusal of access to the documents, on the ground that the conditions set out in that article are not met.










2.


Second plea in law, alleging infringement of Article 296 TFEU and Article 41 of the Charter of Fundamental Rights of the European Union, in that the contested decisions are vitiated by a failure to state reasons or by an inadequate statement of reasons.










3.


Third plea in law, alleging breach of the principle of proportionality.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Baltic Sea, Denmark, EU waters, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2018423EN.01002002.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/20






Information communicated by Member States regarding closure of fisheries
(2018/C 423/07)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.9.2018




Duration


28.9.2018-31.12.2018




Member State


Denmark




Stock or Group of stocks


LIN/03A.




Species


Ling (Molva molva)




Zone


Union waters of 3a




Type(s) of fishing vessels


—




Reference number


29/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2018-11-23
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2018423EN.01001901.xml










23.11.2018   


EN


Official Journal of the European Union


C 423/19






Information communicated by Member States regarding closure of fisheries
(2018/C 423/04)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


27.9.2018




Duration


27.9.2018-31.12.2018




Member State


Spain




Stock or Group of stocks


POK/56-14




Species


Saithe (Pollachius virens)




Zone


6; Union and international waters of 5b, 12 and 14




Type(s) of fishing vessels


—




Reference number


26/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-702/17: Judgment of the General Court of 23 November 2018 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (Papouis Halloumi) (EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
Date: 2018-11-23
Institutions: General Court
Subjects: EU trade mark, cows’ milk cheese, goats’ milk cheese, registered trade mark, trade-mark law








C_2019044EN.01004101.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/41






Judgment of the General Court of 23 November 2018 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (Papouis Halloumi)
(Case T-702/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Papouis Halloumi - Earlier EU collective word mark HALLOUMI - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2019/C 44/51)
Language of the case: English

Parties


Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz QC and V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Papouis Dairies Ltd (Nicosia) (represented by: N. Korogiannakis, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 August 2017 (Case R 2782/2014-4) concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Papouis Dairies.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 August 2017 (Case R 2782/2014-4) concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Papouis Dairies Ltd;










2.


Orders EUIPO to bear its own costs and to pay those incurred by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi;










3.


Orders Papouis Dairies to bear its own costs.






(1)  OJ C 424, 11.12.2017.