do-me/EUR-LEX huggingface dataset:
Case C-829/18: Request for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 27 December 2018 — Crédit Logement SA v OE
Date: 2018-12-27
Institutions: Court of Justice
Subjects: consumer protection, debt, exchange rate, interest, loan, unfair terms of contract








C_2019082EN.01001802.xml










4.3.2019   


EN


Official Journal of the European Union


C 82/18






Request for a preliminary ruling from the Tribunal de grande instance de Paris (France) lodged on 27 December 2018 — Crédit Logement SA v OE
(Case C-829/18)
(2019/C 82/20)
Language of the case: French

Referring court

Tribunal de grande instance de Paris

Parties to the main proceedings


Applicant: Crédit Logement SA

Defendant: OE

Questions referred







1.


Must Directive 93/13/EEC of 5 April 1993 (1) and the principle of effectiveness of [EU] law be interpreted as precluding the application of a rule of national law preventing the courts from assessing whether a term in a contract entered into with a trader is unfair, where the trade guarantor guaranteeing performance of the contract informed the debtor/consumer that it was going to proceed to payment and the debtor/consumer did not inform the trade guarantor of the exceptions to be raised?










2.


Is the reference in the body of the contract to the fact that the foreign exchange risk lies with the borrower, supplemented by amortisation tables, capable of rendering the term ‘plain and intelligible’ for the purpose of the directive, where no simulations have been provided illustrating different scenarios, including negative ones, relating to exchange rate movements?










3.


Does the burden of proving that the consumer was provided with the necessary information for ensuring that the term at issue was plain and intelligible and of proving that that term was plain and intelligible lie with the trader or the consumer?










4.


If the court finds that Articles 1.2.1 to 1.2.9 and 2.8 of the contract are unfair because they were not drafted in sufficiently plain and intelligible language, should all the financial terms, including the term concerning interest, be declared not written? Or should only those terms concerning the variation of the exchange rate and the term concerning currency be declared not written, retaining a fixed-interest rate, in euros? Or should another option be considered?










5.


In considering the previous question, is it necessary for the court to satisfy itself that the penalty thus imposed is effective, proportionate and dissuasive?






(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Prior notification of a concentration (Case M.9176 — Magna/Getrag Ford Transmissions Slovakia) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-12-27
Institutions: European Commission
Subjects: economic concentration, light-duty vehicle, merger control, motor car, motor vehicle industry, subsidiary, vehicle parts








C_2018464EN.01001701.xml










27.12.2018   


EN


Official Journal of the European Union


C 464/17






Prior notification of a concentration
(Case M.9176 — Magna/Getrag Ford Transmissions Slovakia)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 464/10)

1.   
On 14 December 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:






—


Magna Powertrain GmbH (‘Magna’, Austria), controlled by Magna International Inc. (Canada),










—


Getrag Ford Transmissions Slovakia (‘GFT’, Slovakia).




Magna acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the double clutch transmissions business of GFT.
The concentration is accomplished by way of purchase of assets.


2.   
The business activities of the undertakings concerned are:
—   for Magna: Magna is a subsidiary of Magna International Inc., a global automotive supplier of body, chassis, exterior, seating, powertrain, electronic, vision, closure and roof systems and modules, as well as complete vehicle engineering and contract manufacturing,
—   for GFT: GFT is a contract manufacturer of transmission systems for passenger cars and light commercial vehicles. The business associated with the intended acquisition relates exclusively to the manufacture of double clutch transmissions.


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.9176 — Magna/Getrag Ford Transmissions Slovakia
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 C-820/18 P: Appeal brought on 27 December 2018 by Linak A/S against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-368/17: Linak v EUIPO — ChangZhou Kaidi Electrical
Date: 2018-12-27
Institutions: Court of Justice
Subjects: designs and models, electronic device, electronic equipment








C_2019255EN.01001602.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/16






Appeal brought on 27 December 2018 by Linak A/S against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-368/17: Linak v EUIPO — ChangZhou Kaidi Electrical
(Case C-820/18 P)
(2019/C 255/22)
Language of the case: English

Parties


Appellant: Linak A/S (represented by: V. von Bomhard, Rechtsanwältin, and J. Fuhrmann, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office
By order of 19 June 2019 the Court of Justice (Tenth Chamber) held that the appeal was inadmissible.
Recommendation No 1/2018 of the EU-Israel Association Council of 27 December 2018 approving the extension of the EU-Israel Action Plan [2019/106]
Date: 2018-12-27
Institutions: EU–Israel Association Council
Subjects: Association Council (EU), European neighbourhood policy, Israel, Mediterranean region (EU), Union for the Mediterranean, action programme, association agreement (EU), political cooperation








L_2019021EN.01006601.xml










24.1.2019   


EN


Official Journal of the European Union


L 21/66








            RECOMMENDATION No 1/2018 OF THE EU-ISRAEL ASSOCIATION COUNCIL
         
of 27 December 2018
         
approving the extension of the EU-Israel Action Plan [2019/106]


THE EU-ISRAEL ASSOCIATION COUNCIL,

Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1),

Whereas:







(1)


The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (‘the Euro-Mediterranean Agreement’), was signed in Brussels on 20 November 1995 and entered into force on 1 June 2000.












(2)


Article 69 of the Euro-Mediterranean Agreement gives the Association Council the power to take decisions and make appropriate recommendations.












(3)


Article 10 of the Rules of Procedures of the Association Council provides for the possibility of taking decisions or recommendations by written procedure between sessions, if the Parties so agree.












(4)


The extension of the EU-Israel Action Plan for three years will give the Parties the opportunity to take forward their cooperation for the coming years, including through the possible negotiation of partnership priorities,





HAS ADOPTED THE FOLLOWING RECOMMENDATION:



Article 1
The Association Council, acting by written procedure, recommends that the EU-Israel Action Plan be extended for three years as of the date of the adoption of the extension.


Article 2
This Recommendation shall take effect on the date of its adoption.




Done at Brussels, 27 December 2018.


For the EU-Israel Association Council


President

F. MOGHERINI
            





(1)  
            OJ L 147, 21.6.2000, p. 3.
Case C-822/18 P: Appeal brought on 27 December 2018 by Aldo Supermarkets against the judgment of the General Court (Eighth Chamber) delivered on 25 October 2018 in Case T-359/17: Aldo Supermarkets v EUIPO — Aldi Einkauf
Date: 2018-12-27
Institutions: Court of Justice
Subjects: EU trade mark, advertising, registered trade mark, retail outlet, supermarket, trade-mark law








C_2019255EN.01001702.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/17






Appeal brought on 27 December 2018 by Aldo Supermarkets against the judgment of the General Court (Eighth Chamber) delivered on 25 October 2018 in Case T-359/17: Aldo Supermarkets v EUIPO — Aldi Einkauf
(Case C-822/18 P)
(2019/C 255/24)
Language of the case: English

Parties


Appellant: Aldo Supermarkets (represented by: M. Thewes, avocat)

Other parties to the proceedings: European Union Intellectual Property Office, Aldi Einkauf GmbH & Co. OHG
By order of 4 June 2019 the Court of Justice (Sixth Chamber) held that the appeal was inadmissible.
Case C-821/18 P: Appeal brought on 27 December 2018 by Linak A/S against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-367/17: Linak v EUIPO — ChangZhou Kaidi Electrical
Date: 2018-12-27
Institutions: Court of Justice
Subjects: designs and models, electronic device, electronic equipment








C_2019255EN.01001701.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/17






Appeal brought on 27 December 2018 by Linak A/S against the judgment of the General Court (Fifth Chamber) delivered on 18 October 2018 in Case T-367/17: Linak v EUIPO — ChangZhou Kaidi Electrical
(Case C-821/18 P)
(2019/C 255/23)
Language of the case: English

Parties


Appellant: Linak A/S (represented by: V. von Bomhard, Rechtsanwältin, and J. Fuhrmann, Rechtsanwalt)

Other party to the proceedings: European Union Intellectual Property Office
By order of 19 June 2019 the Court of Justice (Tenth Chamber) held that the appeal was inadmissible.
Euro exchange rates
Date: 2018-12-27
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018464EN.01000401.xml










27.12.2018   


EN


Official Journal of the European Union


C 464/4






Euro exchange rates (1)

21 December 2018
(2018/C 464/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1414 




JPY


Japanese yen


126,98 




DKK


Danish krone


7,4670 




GBP


Pound sterling


0,90215 




SEK


Swedish krona


10,2733 




CHF


Swiss franc


1,1312 




ISK


Iceland króna


134,10 




NOK


Norwegian krone


9,9428 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,855 




HUF


Hungarian forint


321,97 




PLN


Polish zloty


4,2851 




RON


Romanian leu


4,6389 




TRY


Turkish lira


6,0546 




AUD


Australian dollar


1,6081 




CAD


Canadian dollar


1,5459 




HKD


Hong Kong dollar


8,9368 




NZD


New Zealand dollar


1,6925 




SGD


Singapore dollar


1,5641 




KRW


South Korean won


1 282,71 




ZAR


South African rand


16,4753 




CNY


Chinese yuan renminbi


7,8825 




HRK


Croatian kuna


7,4216 




IDR


Indonesian rupiah


16 696,34 




MYR


Malaysian ringgit


4,7608 




PHP


Philippine peso


60,546 




RUB


Russian rouble


78,2103 




THB


Thai baht


37,267 




BRL


Brazilian real


4,4099 




MXN


Mexican peso


22,7547 




INR


Indian rupee


80,0400 






(1)  Source: reference exchange rate published by the ECB.
Corrigendum to Council Implementing Decision (EU) 2018/1921 of 4 December 2018 amending Implementing Decision 2013/191/EU authorising Latvia to introduce a special measure derogating from point (a) of Article 26(1) and Articles 168 and 168a of Directive 2006/112/EC on the common system of value added tax (OJ L 311, 7.12.2018)
Date: 2018-12-27
Institutions: Council of the European Union
Subjects: Latvia, VAT, derogation from EU law, motor car, tax relief








L_2018329EN.01005302.xml










27.12.2018   


EN


Official Journal of the European Union


L 329/53







Corrigendum to Council Implementing Decision (EU) 2018/1921 of 4 December 2018 amending Implementing Decision 2013/191/EU authorising Latvia to introduce a special measure derogating from point (a) of Article 26(1) and Articles 168 and 168a of Directive 2006/112/EC on the common system of value added tax

(
Official Journal of the European Union L 311 of 7 December 2018
)


The title on the contents page and the title on page 36:
for:


                        ‘Council Implementing Decision (EU) 2018/1921 of 4 December 2018 amending Implementing Decision 2013/191/EU authorising Latvia to introduce a special measure derogating from point (a) of Article 26(1) and Articles 168 and 168a of Directive 2006/112/EC on the common system of value added tax’,

read:


                        ‘Council Implementing Decision (EU) 2018/1921 of 4 December 2018 amending Implementing Decision (EU) 2015/2429 authorising Latvia to introduce a special measure derogating from point (a) of Article 26(1) and Articles 168 and 168a of Directive 2006/112/EC on the common system of value added tax’.
Euro exchange rates
Date: 2018-12-27
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018464EN.01000501.xml










27.12.2018   


EN


Official Journal of the European Union


C 464/5






Euro exchange rates (1)

24 December 2018
(2018/C 464/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1408 




JPY


Japanese yen


126,47 




DKK


Danish krone


7,4663 




GBP


Pound sterling


0,90038 




SEK


Swedish krona


10,3428 




CHF


Swiss franc


1,1312 




ISK


Iceland króna


133,20 




NOK


Norwegian krone


10,0025 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,916 




HUF


Hungarian forint


321,00 




PLN


Polish zloty


4,2848 




RON


Romanian leu


4,6428 




TRY


Turkish lira


6,0480 




AUD


Australian dollar


1,6186 




CAD


Canadian dollar


1,5506 




HKD


Hong Kong dollar


8,9359 




NZD


New Zealand dollar


1,6974 




SGD


Singapore dollar


1,5655 




KRW


South Korean won


1 283,61 




ZAR


South African rand


16,6876 




CNY


Chinese yuan renminbi


7,8730 




HRK


Croatian kuna


7,4220 




IDR


Indonesian rupiah


16 642,56 




MYR


Malaysian ringgit


4,7611 




PHP


Philippine peso


60,417 




RUB


Russian rouble


78,0960 




THB


Thai baht


37,162 




BRL


Brazilian real


4,4537 




MXN


Mexican peso


22,6549 




INR


Indian rupee


80,0190 






(1)  Source: reference exchange rate published by the ECB.
Corrigendum to Council Directive (EU) 2018/1695 of 6 November 2018 amending Directive 2006/112/EC on the common system of value added tax as regards the period of application of the optional reverse charge mechanism in relation to supplies of certain goods and services susceptible to fraud and of the Quick Reaction Mechanism against VAT fraud (OJ L 282, 12.11.2018)
Date: 2018-12-27
Institutions: Council of the European Union
Subjects: European tax cooperation, VAT, fight against crime, goods and services, supply, tax avoidance, tax harmonisation, tax offence




L_2018329EN.01005301.xml










27.12.2018   


EN


Official Journal of the European Union


L 329/53







Corrigendum to Council Directive (EU) 2018/1695 of 6 November 2018 amending Directive 2006/112/EC on the common system of value added tax as regards the period of application of the optional reverse charge mechanism in relation to supplies of certain goods and services susceptible to fraud and of the Quick Reaction Mechanism against VAT fraud

(
Official Journal of the European Union L 282 of 12 November 2018
)


On page 7, Article 1, the following point is added:







‘(4)


Article 193 is replaced by the following:

“Article 193
VAT shall be payable by any taxable person carrying out a taxable supply of goods or services, except where it is payable by another person in the cases referred to in Articles 194 to 199b and Article 202.”’.
Prior notification of a concentration (Case M.9208 — WorleyParsons/Jacobs ECR) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-12-27
Institutions: European Commission
Subjects: chemical industry, consultancy, economic concentration, energy industry, hydrocarbon, maintenance, mechanical engineering, merger control, mineral resources, provision of services








C_2018464EN.01001501.xml










27.12.2018   


EN


Official Journal of the European Union


C 464/15






Prior notification of a concentration
(Case M.9208 — WorleyParsons/Jacobs ECR)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 464/09)

1.   
On 17 December 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:






—


WorleyParsons Limited (‘WorleyParsons’, Australia),










—


the Energy, Chemicals and Resources business division of Jacobs Engineering Group Inc. (‘Jacobs ECR’, United States of America).




WorleyParsons acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Jacobs ECR.
The concentration is accomplished by way of purchase of shares and assets.


2.   
The business activities of the undertakings concerned are:
—   for WorleyParsons: a global professional services provider, providing engineering consultancy services in the hydrocarbons, power, infrastructure, chemicals, minerals & metals and other sectors,
—   for Jacobs ECR: an engineering consultancy services provider, primarily in the energy, chemicals and resources sectors, providing a range of services to customers including engineering strategy and design, procurement, project and construction management, and operation and maintenance services.


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.9208 — WorleyParsons/Jacobs ECR
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.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (Text with EEA relevance.)
Date: 2018-12-27
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: chemical compound, chemical product, chlorine, health control, health risk, market approval, marketing standard, petroleum product, solvent








C_2018464EN.01000601.xml










27.12.2018   


EN


Official Journal of the European Union


C 464/6






Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
)

(Text with EEA relevance)
(2018/C 464/06)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation numbers


Authorised uses


Date of expiry of review period


Reasons for the decision




C(2018) 8603


17 December 2018


1,2-dichloroethane
EC No 203-458-1
CAS No 107-06-2


Grupa Lotos SA


REACH/18/4/0


Use of 1,2-dichloroethane as an extraction solvent in the de-waxing of petroleum vacuum distillates and de-asphalted oil and de-oiling of slack wax for the production of base oils and paraffinic waxes.


22 November 2029


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies in terms of their technical and economic feasibility for the applicant before the sunset date.






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm