do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.9093 — DP World Investments/Unifeeder) (Text with EEA relevance.)
Date: 2018-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, logistics, maritime transport, merger control, provision of services








C_2019096EN.01000101.xml










13.3.2019   


EN


Official Journal of the European Union


C 96/1






Non-opposition to a notified concentration
(Case M.9093 — DP World Investments/Unifeeder)
(Text with EEA relevance)
(2019/C 96/01)
On 4 December 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 32018M9093. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-714/18: Action brought on 4 December 2018 — Adraces v Commission
Date: 2018-12-04
Institutions: General Court
Subjects: contract terms, principle of legal certainty, principle of proportionality, public contract, termination of a contract








C_2019054EN.01002501.xml










11.2.2019   


EN


Official Journal of the European Union


C 54/25






Action brought on 4 December 2018 — Adraces v Commission
(Case T-714/18)
(2019/C 54/38)
Language of the case: Portuguese

Parties


Applicant: Associaçao para o Desenvolvimento da Raia Centro Sul — Adraces (Vila Velha de Ródao, Portugal) (represented by: G. Anastácio, D. Pirra Xarepe, J. Whyte and M. Barros Silva)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare invalid Commission Decision ARES (2018) 4940694, of 26 September 2018, with brought to an end the framework partnership agreement No COM/LIS/ED/2018-2020_1, and order the Commission to re-establish the previously existing situation of the applicant.










—


Order the Commission to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging breach of the principle of legal certainty, in so far as the Commission unilaterally revoked a public contract, without presenting any basis or justification for that purpose.










2.


Second plea in law, alleging infringement of the principle of good faith, in so far as, by introducing into the framework agreement in question a general revocation clause according to which it may terminate that agreement arbitrarily, without any basis or justification, the Commission misused its powers and ignored the balance of interests underlying any contract, whether public or private.










3.


Third plea in law, alleging infringement of the principle of respect for the legitimate rights and interests of individuals, which is binding on the administration in respect of public contracts, in so far as the Commission unilaterally revoked the agreement in the present case, in a manner that was purely arbitrary and without basis, which is prohibited by the principle pacta sunt servanda.










4.


Fourth plea in law, alleging breach of the duty of sound administration, in so far as the Commission revoked that agreement on the basis of a simple newspaper article, without making a sufficiently detailed assessment of the specific case, which constitutes a clear case of maladministration.










5.


Fifth plea in law, alleging infringement of the principle of proportionality, in so far as the Commission revoked that agreement, without any basis or justification, in response to the conviction of an employee of the applicant for the offence of falsification and fraud which had nothing to do with the applicant’s activity nor with the Commission’s powers and competences.
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
Date: 2018-12-04
Institutions: Council of the European Union
Subjects: EU restrictive measure, Tunisia, economic sanctions, international sanctions, natural person, personal data








C_2018437EN.01000301.xml










4.12.2018   


EN


Official Journal of the European Union


C 437/3






Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 101/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Tunisia apply
(2018/C 437/03)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 101/2011 (2).
The controller of this processing operation is the Council of the European Union represented by the Director-General of RELEX (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1.C that can be contacted at:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 101/2011.
The data subjects are the natural persons who fulfil listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with Section 5 of Council Decision 2004/644/EC (3).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 31, 5.2.2011, p. 1.

(3)  OJ L 296, 21.9.2004, p. 16.
Case T-517/16: Judgment of the General Court of 4 December 2018 — Janoha and Others v Commission (Civil service — Members of the contract staff — Reform of the Staff Regulations of 1 January 2014 — Article 6 of Annex X to the Staff Regulations — New provisions relating to the days of leave granted applicable to officials posted in a third country — Objection of illegality — Second paragraph of Article 10 of the Staff Regulations — Articles 7 and 33 of the Charter of Fundamental Rights — Equal treatment — Acquired rights — Legitimate expectations — Legal certainty — Misuse of powers)
Date: 2018-12-04
Institutions: General Court
Subjects: equal treatment, legality, paid leave, principle of legal certainty, servant (EU), staff regulations (EU), third country








C_2019044EN.01002201.xml










4.2.2019   


EN


Official Journal of the European Union


C 44/22






Judgment of the General Court of 4 December 2018 — Janoha and Others v Commission
(Case T-517/16) (1)

((Civil service - Members of the contract staff - Reform of the Staff Regulations of 1 January 2014 - Article 6 of Annex X to the Staff Regulations - New provisions relating to the days of leave granted applicable to officials posted in a third country - Objection of illegality - Second paragraph of Article 10 of the Staff Regulations - Articles 7 and 33 of the Charter of Fundamental Rights - Equal treatment - Acquired rights - Legitimate expectations - Legal certainty - Misuse of powers))
(2019/C 44/27)
Language of the case: English

Parties


Applicants: Andrea Janoha (Christ Church, Barbados) and the other five applicants whose names are listed in the annex to the judgment (represented by: O. Mader, lawyer)

Defendant: European Commission (represented initially by: J. Currall and G. Gattinara, and subsequently by G. Gattinara and A.-C. Simon, acting as Agents)

Intervener in support of the defendant: Council of the European Union (represented initially by: M. Bauer and M. Veiga, and subsequently by M. Bauer and R. Meyer, acting as Agents)

Re:

Application based on Article 270 TFEU and seeking annulment of the decisions reducing the number of the applicants’ days of annual leave as of 2014.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Andrea Janoha and the other members of the contract staff of the European Commission whose names are set out in the annex, in addition to bearing their own costs, to pay those incurred by the Commission;










3.


Declares that the Council of the European Union is to bear its own costs.






(1)  OJ C 388, 3.11.2014 (case initially registered before the European Union Civil Service Tribunal under number F-86/14 and transferred to the General Court of the European Union on 1.9.2016).
Non-opposition to a notified concentration (Case M.9186 — The Carlyle Group/Marriott International/Penha Longa) (Text with EEA relevance.)
Date: 2018-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, hotel industry, investment company, merger control, parent company, rental business








C_2019015EN.01000101.xml










14.1.2019   


EN


Official Journal of the European Union


C 15/1






Non-opposition to a notified concentration
(Case M.9186 — The Carlyle Group/Marriott International/Penha Longa)
(Text with EEA relevance)
(2019/C 15/01)
On 4 December 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 32018M9186. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision No 1/2018 of the EU-CTC Joint Committee of 4 December 2018 as regards an invitation to the United Kingdom to accede to the Convention on the simplification of formalities in trade in goods [2018/1989]
Date: 2018-12-04
Institutions: European Union, Joint Committee
Subjects: European convention, United Kingdom, accession to an agreement, carriage of goods, simplification of formalities, withdrawal from the EU








L_2018317EN.01005601.xml










14.12.2018   


EN


Official Journal of the European Union


L 317/56








            DECISION No 1/2018 OF THE EU-CTC JOINT COMMITTEE
         
of 4 December 2018
         
as regards an invitation to the United Kingdom to accede to the Convention on the simplification of formalities in trade in goods [2018/1989]


THE JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on the simplification of formalities in trade in goods (1), and in particular Article 11(3) thereof,

Whereas:







(1)


Pursuant to Article 11(3) of the Convention on the simplification of formalities in trade in goods (‘the Convention’) the Joint Committee established by that Convention is to adopt, by decision, invitations to third countries to accede to that Convention.












(2)


The United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) has expressed its wish to accede to the Convention as a separate Contracting Party from the date the Convention no longer applies to and in the United Kingdom.












(3)


The exchange of goods with the United Kingdom would be facilitated by a simplification of formalities which affect the trade between the United Kingdom and the European Union, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Republic of Serbia, the Swiss Confederation and the Republic of Turkey.












(4)


With a view to achieving such facilitation, it is appropriate to invite the United Kingdom to accede to the Convention.












(5)


The accession of the United Kingdom to the Convention should be effective only as from the date the Convention no longer applies to the United Kingdom as a Member State of the European Union or, should the European Union and the United Kingdom agree on transitional arrangements whereby the Convention would apply to and in the United Kingdom, as from the date these transitional arrangements cease to apply,





HAS ADOPTED THIS DECISION:



Article 1
The United Kingdom shall be invited to accede to the Convention in accordance with Article 11a of the Convention as from the date when it is no longer a Member State of the European Union or as from the date any transitional arrangements between the European Union and the United Kingdom, whereby the Convention would apply to and in the United Kingdom, cease to apply.


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




Done at Brussels, 4 December 2018.


For the Joint Committee


The Chairman

Philip KERMODE
            





(1)  
            OJ L 134, 22.5.1987, p. 2.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,00 % on 1 December 2018 — Euro exchange rates
Date: 2018-12-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2018437EN.01000401.xml










4.12.2018   


EN


Official Journal of the European Union


C 437/4






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 December 2018
Euro exchange rates (2)

3 December 2018
(2018/C 437/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1332 




JPY


Japanese yen


128,70 




DKK


Danish krone


7,4622 




GBP


Pound sterling


0,89150 




SEK


Swedish krona


10,2355 




CHF


Swiss franc


1,1323 




ISK


Iceland króna


139,40 




NOK


Norwegian krone


9,6893 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,921 




HUF


Hungarian forint


322,76 




PLN


Polish zloty


4,2809 




RON


Romanian leu


4,6539 




TRY


Turkish lira


5,9460 




AUD


Australian dollar


1,5354 




CAD


Canadian dollar


1,4931 




HKD


Hong Kong dollar


8,8615 




NZD


New Zealand dollar


1,6376 




SGD


Singapore dollar


1,5491 




KRW


South Korean won


1 260,44 




ZAR


South African rand


15,5084 




CNY


Chinese yuan renminbi


7,8074 




HRK


Croatian kuna


7,4038 




IDR


Indonesian rupiah


16 188,27 




MYR


Malaysian ringgit


4,7073 




PHP


Philippine peso


59,410 




RUB


Russian rouble


75,4428 




THB


Thai baht


37,152 




BRL


Brazilian real


4,3367 




MXN


Mexican peso


22,7129 




INR


Indian rupee


79,7910 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Decision No 1/2018 of the EU-CTC Joint Committee of 4 December 2018 as regards an invitation to the United Kingdom to accede to the Convention on a common transit procedure [2018/1987]
Date: 2018-12-04
Institutions: European Union, Joint Committee
Subjects: European convention, United Kingdom, accession to an agreement, customs transit, withdrawal from the EU








L_2018317EN.01004701.xml










14.12.2018   


EN


Official Journal of the European Union


L 317/47








            DECISION No 1/2018 OF THE EU-CTC JOINT COMMITTEE
         
of 4 December 2018
         
as regards an invitation to the United Kingdom to accede to the Convention on a common transit procedure [2018/1987]


THE JOINT COMMITTEE,

Having regard to the Convention of 20 May 1987 on a common transit procedure (1), and in particular point (e) of Article 15(3) thereof,

Whereas:







(1)


Pursuant to point (e) of Article 15(3) of the Convention on a common transit procedure (‘the Convention’) the Joint Committee established by that Convention is to adopt, by decision, invitations to third countries to accede to that Convention in accordance with Article 15a.












(2)


The United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) has expressed its wish to accede to the Convention as a separate Contracting Party from the date the Convention no longer applies to and in the United Kingdom.












(3)


The movement of goods with the United Kingdom would be facilitated by a common transit procedure for goods transported between the United Kingdom and the European Union, the Republic of Iceland, the former Yugoslav Republic of Macedonia, the Kingdom of Norway, the Republic of Serbia, the Swiss Confederation and the Republic of Turkey.












(4)


With a view to achieving such facilitation, it is appropriate to invite the United Kingdom to accede to the Convention.












(5)


The accession of the United Kingdom to the Convention should be effective only as from the date the Convention no longer applies to the the United Kingdom as a Member State of the European Union or, should the European Union and the United Kingdom agree on transitional arrangements whereby the Convention would apply to and in the United Kingdom, as from the date these transitional arrangements cease to apply,





HAS ADOPTED THIS DECISION:



Article 1
The United Kingdom shall be invited to accede to the Convention in accordance with Article 15a of the Convention as from the date when it is no longer a Member State of the European Union or as from the date any transitional arrangements between the European Union and the United Kingdom, whereby the Convention would apply to and in the United Kingdom, cease to apply.


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




Done at Brussels, 4 December 2018.


For the Joint Committee


The Chairman

Philip KERMODE
            





(1)  
            OJ L 226, 13.8.1987, p. 2.
Prior notification of a concentration (Case M.9149 — Apollo Management/Aspen Insurance Holdings) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-12-04
Institutions: European Commission
Subjects: economic concentration, insurance, investment company, merger control








C_2018437EN.01003701.xml










4.12.2018   


EN


Official Journal of the European Union


C 437/37






Prior notification of a concentration
(Case M.9149 — Apollo Management/Aspen Insurance Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 437/09)

1.   
On 26 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:






—


Apollo Management L.P. (‘Apollo’, US),










—


Aspen Insurance Holdings Limited (‘Aspen’, Bermuda).




Apollo acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Aspen.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Apollo is a global investment fund that has holdings in businesses in a range of sectors,










—


Aspen is a global provider of insurance and reinsurance.






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.9149 — Apollo Management/Aspen Insurance Holdings
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.
The soil of Europe.
Date: 2018-12-04
Institutions: Joint Research Centre
Subjects: Europe, soil resources, soil science, soil type

JRC Soils Atlas  4/8/05  9:47 am  Page 42

JRC Soils Atlas  4/8/05  9:47 am  Page 43

Plate 1

The soil of Europe

(cid:52)(cid:72)(cid:69)(cid:0)(cid:83)(cid:79)(cid:73)(cid:76)(cid:0)(cid:79)(cid:70)(cid:0)(cid:37)(cid:85)(cid:82)(cid:79)(cid:80)(cid:69)

Plate 1

42

43