do-me/EUR-LEX huggingface dataset:
Case T-873/16: Judgment of the General Court of 12 December 2018 — Groupe Canal + v Commission (Competition — Cartels — TV distribution — Decision making commitments binding — Territorial exclusivity — Preliminary evaluation — Assignment of third-party contractual rights — Proportionality)
Date: 2018-12-12
Institutions: General Court
Subjects: audiovisual industry, cable distribution, cartel, control of restrictive practices, pay television, principle of proportionality, restriction on competition








C_2019072EN.01002201.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/22






Judgment of the General Court of 12 December 2018 — Groupe Canal + v Commission
(Case T-873/16) (1)

((Competition - Cartels - TV distribution - Decision making commitments binding - Territorial exclusivity - Preliminary evaluation - Assignment of third-party contractual rights - Proportionality))
(2019/C 72/27)
Language of the case: French

Parties


Applicant: Groupe Canal + (Issy-les-Moulineaux, France) (represented by: P. Wilhelm, P. Gassenbach and O. de Juvigny, lawyers)

Defendant: European Commission (represented by: A. Dawes, C. Urraca Caviedes and L. Wildpanner, acting as Agents)

Interveners in support of the applicant: French Republic (represented by D. Colas, J. Bousin, E. de Moustier and P. Dodeller, acting as Agents); Union des producteurs de cinéma (UPC) (Paris, France) (represented by: É. Lauvaux, lawyer); C More Entertainment AB (Stockholm, Sweden) (represented by: L. Johansson and A. Acedevo, lawyers); and European Film Agency Directors — EFADs (Brussels, Belgium) (represented by: O. Sasserath, lawyer)

Intervener in support of the defendant: Bureau européen des unions de consommateurs (BEUC) (Brussels, Belgium) (represented by: A. Fratini, lawyer)

Re:

Action under Article 263 TFEU seeking annulment of the decision of the European Commission of 26 July 2016 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (case AT. 40023 — Cross-border access to pay TV), which makes the commitments offered by Paramount Pictures International Ltd and Viacom Inc. legally binding, in the context of licence agreements on audiovisual content that they concluded with Sky UK Ltd and Sky plc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Groupe Canal + to bear its own costs and to pay those of the European Commission, excluding those incurred in relation to the intervention of the French Republic, the European Film Agency Directors — EFADs, the Union des producteurs de cinéma (UPC) and C More Entertainment AB, and by the Bureau européen des unions de consommateurs (BEUC);










3.


Orders the French Republic, EFADs, UPC and C More Entertainment AB to bear their own costs and pay those incurred by the Commission in relation to their interventions.






(1)  OJ C 38, 6.2.2017.
Case C-781/18: Request for a preliminary ruling from the Tribunale ordinario di Roma (Italy) lodged on 12 December 2018 — Società Italiana degli Autori ed Editori (S.I.A.E.) v Soundreef Ltd
Date: 2018-12-12
Institutions: Court of Justice
Subjects: copyright, market access, trade intermediary, trade licence








C_2019112EN.01002101.xml










25.3.2019   


EN


Official Journal of the European Union


C 112/21






Request for a preliminary ruling from the Tribunale ordinario di Roma (Italy) lodged on 12 December 2018 — Società Italiana degli Autori ed Editori (S.I.A.E.) v Soundreef Ltd
(Case C-781/18)
(2019/C 112/26)
Language of the case: Italian

Referring court

Tribunale ordinario di Roma

Parties to the main proceedings


Applicant: S.I.A.E. — Società Italiana degli Autori ed Editori

Defendant: Soundreef Ltd

Question referred

Must Directive 2014/26/EU (1) be interpreted as precluding national legislation that reserves access to the copyright intermediation market, or in any event the granting of licences to users, solely to entities which can be classified, according to the definition in that directive, as collective management organisations, to the exclusion of those which can be classified as independent management entities incorporated in that Member State or in other Member States?


(1)  Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ 2014 L 84, p. 72).
European Parliament legislative resolution of 12 December 2018 on the draft Council decision on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (07964/2018 — C8-0382/2018 — 2018/0091(NLE))
Date: 2018-12-12
Institutions: Committee on Agriculture and Rural Development, Committee on International Trade, Committee on Transport and Tourism, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Japan, cooperation agreement (EU), economic cooperation, ratification of an agreement








C_2020388EN.01033401.xml










13.11.2020   


EN


Official Journal of the European Union


C 388/334






P8_TA(2018)0504
EU-Japan Economic Partnership Agreement ***
European Parliament legislative resolution of 12 December 2018 on the draft Council decision on the conclusion of the Agreement between the European Union and Japan for an Economic Partnership (07964/2018 — C8-0382/2018 — 2018/0091(NLE))
(Consent)
(2020/C 388/34)

The European Parliament,






—


having regard to the draft Council decision (07964/2018),










—


having regard to the draft Agreement between the European Union and Japan for an Economic Partnership (07965/2018),










—


having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), the first subparagraph of Article 207(4), point (a)(v) of the second subparagraph of Article 218(6), and Article 218(7), of the Treaty on the Functioning of the European Union (C8-0382/2018),










—


having regard to its non-legislative resolution of 12 December 2018 (1) on the draft decision,










—


having regard to Rule 99(1) and (4) and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on the Environment, Public Health and Food Safety and the opinion in letter form of the Committee on Agriculture and Rural Development (A8-0366/2018),












1.


Gives its consent to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Japan.






(1)  Texts adopted, P8_TA(2018)0505.
Case T-614/16: Judgment of the General Court of 12 December 2018 — Colin v Commission (Civil service — Recruitment — Notice of competition — Open competition — Conditions of admission — Non-inclusion on the reserve list — Diploma — Professional experience)
Date: 2018-12-12
Institutions: General Court
Subjects: EPSO, assistant, competition (EU), diploma, professional experience








C_2019072EN.01001901.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/19






Judgment of the General Court of 12 December 2018 — Colin v Commission
(Case T-614/16) (1)

((Civil service - Recruitment - Notice of competition - Open competition - Conditions of admission - Non-inclusion on the reserve list - Diploma - Professional experience))
(2019/C 72/23)
Language of the case: French

Parties


Applicant: Caroline Colin (Waterloo, Belgium) (represented initially by N. de Montigny and J.-N. Louis and subsequently by N. de Montigny, lawyers)

Defendant: European Commission (represented by: L. Radu Bouyon and F. Simonetti, acting as Agents)

Re:

Application pursuant to Article 270 TFEU seeking the annulment, first, of the decision of 18 February 2015 of the selection board in Open Competition EPSO/AST-SC/01/14, organised by the European Personnel Selection Office (EPSO), not to include the applicant’s name on the reserve list from which to recruit officials in the institutions of the European Union, secondly, of the decision of 17 September 2015, of the same selection board, to reject her request for a review and, thirdly, of the Commission’s rejection decision of 12 May 2016 in response to the applicant’s complaint against the selection board’s decision.

Operative part of the judgment

The Court:






1.


Annuls the decision of 17 September 2015 by which the selection board in Open Competition EPSO/AST-SC/01/14 confirmed, after review, that the applicant could not be included in the reserve list from that competition;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to pay the costs.






(1)  OJ C 371, 10.10.2016 (case initially registered before the European Union Civil Service Tribunal under Case F-44/16 and transferred to the European Union Civil Service Tribunal on 1.9.2016).
Information communicated by Member States regarding closure of fisheries
Date: 2018-12-12
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_2018447EN.01000702.xml










12.12.2018   


EN


Official Journal of the European Union


C 447/7






Information communicated by Member States regarding closure of fisheries
(2018/C 447/13)
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


14.11.2018




Duration


14.11.2018-31.12.2018




Member State


Spain




Stock or Group of stocks


ALF/3X14-




Species


Alfonsinos (Beryx spp.)




Zone


Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV




Type(s) of fishing vessels


—




Reference number


43/TQ2285






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-116/18: Order of the General Court of 12 December 2018 — Darmanin v EASO
Date: 2018-12-12
Institutions: General Court
Subjects: equal treatment, principle of legal certainty, probationary period, proof, servant (EU), staff assessment, unfair dismissal








C_2019065EN.01004701.xml










18.2.2019   


EN


Official Journal of the European Union


C 65/47






Order of the General Court of 12 December 2018 — Darmanin v EASO
(Case T-116/18) (1)

(2019/C 65/61)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 152, 30.4.2018.
Case C-779/18: Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich (Poland) lodged on 12 December 2018 — Mikrokasa SA, Gdynia, and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty, Warsaw v XO
Date: 2018-12-12
Institutions: Court of Justice
Subjects: consumer credit, consumer information, cost of borrowing, unfair terms of contract








C_2019164EN.01000401.xml










13.5.2019   


EN


Official Journal of the European Union


C 164/4






Request for a preliminary ruling from the Sąd Rejonowy w Siemianowicach Śląskich (Poland) lodged on 12 December 2018 — Mikrokasa SA, Gdynia, and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty, Warsaw v XO
(Case C-779/18)
(2019/C 164/05)
Language of the case: Polish

Referring court

Sąd Rejonowy w Siemianowicach Śląskich

Parties to the main proceedings


Applicants: Mikrokasa SA, Gdynia, and Revenue Niestandaryzowany Sekurytyzacyjny Fundusz Inwestycyjny Zamknięty, Warsaw

Defendant: XO

Questions referred







1.


Should the provisions of Directive 2008/48/EC of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC, as amended, (1) in particular Articles 3(g), 10(1) and 22(1) thereof, be interpreted as precluding ‘non-interest credit costs’, determined as a lump sum in accordance with the statutory calculation formula set out in Article 36a of the ustawa z dnia 12 maja 2011 r. o kredycie konsumenckim (Dziennik Ustaw z 2018 r., poz. 993, tekst jednolity) (Law of 12 May 2011 on Consumer Credit) (Journal of Laws of 2018, item 993, consolidated text) (the Law on Consumer Credit), from being distinguished from the ‘total cost of the credit to the consumer’, as defined in that directive, in a manner that enables the actual non-interest credit costs borne by the loan provider to be concealed from the consumer?










2.


Should the provisions of Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, as amended, (2) in particular Articles 1(2), 6(1) and 7(1) thereof, be interpreted as precluding a review of the terms of consumer credit agreements with respect to the conditions set out in Article 3 of that directive in so far as it includes ‘non-interest credit costs’, the criteria for determining which are described in Article 36a of the Law on Consumer Credit?






(1)  OJ 2008 L 133, p. 66.

(2)  OJ 1993 L 95, p. 29.
Case T-680/14: Judgment of the General Court of 12 December 2018 — Lupin v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Technology acquisition agreement — Restriction of competition by object — Balance between competition law and patent law — Fines)
Date: 2018-12-12
Institutions: General Court
Subjects: cardiovascular disease, cartel, competition law, medicinal product, patent law, restriction on competition, sanction (EU), technology








C_2019082EN.01002601.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/26






Judgment of the General Court of 12 December 2018 — Lupin v Commission
(Case T-680/14) (1)

((Competition - Agreements, decisions and concerted practices - Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Article 101 TFEU - Patent dispute settlement agreement - Technology acquisition agreement - Restriction of competition by object - Balance between competition law and patent law - Fines))
(2019/C 82/28)
Language of the case: English

Parties


Applicant: Lupin Ltd (Maharashtra, India) (represented initially by M. Pullen, R. Fawcett-Feuillette, Solicitors, M. Hoskins QC, V. Wakefield, Barrister and M. Boles, Solicitor, and subsequently by M. Hoskins, V. Wakefield, M. Boles, K. Vernon and S. Smith, Solicitors, and lastly by M. Hoskins, V. Wakefield, S. Smith and C. Wall, Solicitor)

Defendant: European Commission (represented initially by F. Castilla Contreras, B. Mongin and T. Vecchi, and subsequently by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by B. Rayment, Barrister)

Re:

Application under Article 263 TFEU for partial annulment of Commission Decision C(2014) 4955 final of 9 July 2014 relating to a proceeding under Article 101 and Article 102 TFEU [Case AT.39612 — Perindopril (Servier)] in so far as it concerns the applicant, and, in the alternative, for annulment or reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lupin Ltd to pay the costs.






(1)  OJ C 439, 8.12.2014.
Case T-416/16: Judgment of the General Court of 12 December 2018 — Othman v Council (Common foreign and security policy — Restrictive measures taken against Syria — Freezing of funds — Rights of the defence — Right to effective judicial protection — Obligation to state reasons — Manifest error of assessment — Right to honour and reputation — Right to property — Presumption of innocence — Restrictions on entry into and transit through the territory of the European Union — Proportionality)
Date: 2018-12-12
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, international sanctions, natural person, ownership, principle of proportionality, removal, right to justice, rights of the defence








C_2019072EN.01001801.xml










25.2.2019   


EN


Official Journal of the European Union


C 72/18






Judgment of the General Court of 12 December 2018 — Othman v Council
(Case T-416/16) (1)

((Common foreign and security policy - Restrictive measures taken against Syria - Freezing of funds - Rights of the defence - Right to effective judicial protection - Obligation to state reasons - Manifest error of assessment - Right to honour and reputation - Right to property - Presumption of innocence - Restrictions on entry into and transit through the territory of the European Union - Proportionality))
(2019/C 72/22)
Language of the case: French

Parties


Applicant: Razan Othman (Damascus, Syria) (represented by: E. Ruchat, lawyer)

Defendant: Council of the European Union (represented by: initially, S. Kyriakopoulou, G. Étienne and A. Vitro, subsequently S. Kyriakopoulou and A. Vitro, and finally S. Kyriakopoulou, A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of Council Decision (CFSP) 2016/850 of 27 May 2016 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2016 L 141, p. 125) and of the subsequent measures giving effect to that decision, of Council Decision (CFSP) 2017/917 of 29 May 2017 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2017 L 139, p. 62), and of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ms Razan Othman to bear her own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 364, 3.10.2016.
European Parliament legislative resolution of 12 December 2018 on the draft Council decision on the conclusion, on behalf of the Union and its Member States, of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (07067/2015 — C8-0189/2016 — 2015/0003(NLE))
Date: 2018-12-12
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Croatia, Jordan, Mediterranean region (EU), Union for the Mediterranean, accession to the European Union, agreement (EU), air transport, protocol to an agreement, ratification of an agreement








C_2020388EN.01034701.xml










13.11.2020   


EN


Official Journal of the European Union


C 388/347






P8_TA(2018)0508
EU-Jordan Euro-Mediterranean Aviation Agreement (accession of Croatia) ***
European Parliament legislative resolution of 12 December 2018 on the draft Council decision on the conclusion, on behalf of the Union and its Member States, of a Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (07067/2015 — C8-0189/2016 — 2015/0003(NLE))
(Consent)
(2020/C 388/38)

The European Parliament,






—


having regard to the draft Council decision (07067/2015),










—


having regard to the draft Protocol amending the Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession to the European Union of the Republic of Croatia (07066/2015),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C8-0189/2016),










—


having regard to Rule 99(1) and 4 and Rule 108(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A8-0371/2018),












1.


Gives its consent to conclusion of the protocol;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Hashemite Kingdom of Jordan.
Information communicated by Member States regarding closure of fisheries
Date: 2018-12-12
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU Member State, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing








C_2018447EN.01000802.xml










12.12.2018   


EN


Official Journal of the European Union


C 447/8






Information communicated by Member States regarding closure of fisheries
(2018/C 447/15)
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


24.10.2018




Duration


24.10.2018 – 31.12.2018




Member State


European Union (All Member States)




Stock or Group of stocks


COD/N3M.




Species


Cod (Gadus morhua)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


40/TQ120






(1)  OJ L 343, 22.12.2009, p. 1.