do-me/EUR-LEX huggingface dataset:
Case T-315/19: Action brought on 22 May 2019 — BT v European Commission
Date: 2019-05-22
Institutions: General Court
Subjects: European official, equal treatment, marriage, social security legislation, survivor's benefit








C_2019246EN.01003501.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/35






Action brought on 22 May 2019 — BT v European Commission
(Case T-315/19)
(2019/C 246/37)
Language of the case: French

Parties


Applicant: BT (represented by: J.-N. Louis, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should;






—


annul the Commission decision of 20 July 2018 refusing the grant of a survivor’s pension to the applicant;










—


order the defendant to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging unlawfulness of the requirement as to the duration of the marriage, fixed at five years by Article 20 of Annex VIII to the Staff Regulations of Officials of the European Union, in that, first, it discriminates arbitrarily between officials in service and retired officials. Secondly, the applicant takes the view that, although the minimum duration requirement of one year is appropriate in combating fraudulent marriages, a minimum duration of five years is itself arbitrary, inadequate and unfair. Thirdly, such a condition can unfairly exclude from the benefit of a survivor’s pension the spouse of a deceased official who is nevertheless bound by plans for their life together.










2.


Second plea in law, alleging infringement of Article 1(d) of the Staff Regulations of Officials of the European Union.
Case T-313/19: Action brought on 22 May 2019 — Taghani v Commission
Date: 2019-05-22
Institutions: General Court
Subjects: EPSO, assistant, competition (EU), indemnification








C_2019246EN.01003401.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/34






Action brought on 22 May 2019 — Taghani v Commission
(Case T-313/19)
(2019/C 246/36)
Language of the case: French

Parties


Applicant: Jamal Taghani (Brussels, Belgium) (represented by: A. Champetier and S. Rodrigues, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible and well founded;










—


annul the contested decisions;










—


order the defendant to pay all of the costs.





Pleas in law and main arguments

In support of the action for annulment, first, of the decision of EPSO of 23 July 2018 rejecting his claim for compensation brought in respect of his participation in competition EPSO/AST/111/10 and, secondly, if necessary, of the decision of 14 February 2019 rejecting his complaint, the applicant puts forward two pleas in law.






1.


First plea in law, alleging infringement of the second paragraph of Article 340 TFEU and manifest errors of assessment in the defendant’s examination of the three conditions required for the Union to incur non-contractual liability.










2.


Second plea, alleging infringement of the principle of sound administration, the duty to have regard for the welfare of officials and the obligation to state reasons arising therefrom, on the ground that the defendant did not take a position, in the contested decisions, on the argument made in the complaint relating to two conditions required for the Union to incur non-contractual liability, namely the existence of faults and the causal link.
Commission Implementing Regulation (EU) 2019/956 of 22 May 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Los Cerrillos’ (PDO)
Date: 2019-05-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Castile-La Mancha, Spain, designation of origin, labelling, product designation, red wine








L_2019154EN.01003601.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/36








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/956
of 22 May 2019
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘Los Cerrillos’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘Los Cerrillos’ sent by Spain and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘Los Cerrillos’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Los Cerrillos’ (PDO) is hereby protected.


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, 22 May 2019.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 57, 13.2.2019, p. 16.
Commission Implementing Regulation (EU) 2019/954 of 22 May 2019 conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘La Jaraba’ (PDO)
Date: 2019-05-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Castile-La Mancha, Spain, designation of origin, labelling, product designation, red wine








L_2019154EN.01003401.xml










12.6.2019   


EN


Official Journal of the European Union


L 154/34








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/954
of 22 May 2019
         
conferring protection under Article 99 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council on the name ‘La Jaraba’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


In accordance with Article 97(2) and (3) of Regulation (EU) No 1308/2013, the Commission has examined the application to register the name ‘La Jaraba’ sent by Spain and has published it in the Official Journal of the European Union (2).












(2)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(3)


In accordance with Article 99 of Regulation (EU) No 1308/2013, the name ‘La Jaraba’ should be protected and entered in the register referred to in Article 104 of that Regulation.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘La Jaraba’ (PDO) is hereby protected.


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, 22 May 2019.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 57, 13.2.2019, p. 5.
Case T-791/16: Judgment of the General Court of 22 May 2019 — Real Madrid Club de Fútbol v Commission (State aid — Aid granted by the Spanish authorities to a professional football club — Settlement aimed atcompensating for a failure to carry out a land transfer initially agreed between a city council and a football club — Football club overcompensated — Decision declaring the aid incompatible with the internal market — Advantage)
Date: 2019-05-22
Institutions: General Court
Subjects: Community of Madrid, Spain, State aid, control of State aid, indemnification, local government, professional sport, sports body, state-owned land, transfer of property








C_2019230EN.01002701.xml










8.7.2019   


EN


Official Journal of the European Union


C 230/27






Judgment of the General Court of 22 May 2019 — Real Madrid Club de Fútbol v Commission
(Case T-791/16) (1)

(State aid - Aid granted by the Spanish authorities to a professional football club - Settlement aimed atcompensating for a failure to carry out a land transfer initially agreed between a city council and a football club - Football club overcompensated - Decision declaring the aid incompatible with the internal market - Advantage)
(2019/C 230/33)
Language of the case: Spanish

Parties


Applicant: Real Madrid Club de Fútbol (Madrid, Spain) (represented by: J. Pérez-Bustamante Köster and F. Löwhagen, lawyers)

Defendant: European Commission (represented by: P.-J. Loewenthal, G. Luengo and P. Němečková, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of Commission Decision (EU) 2016/2393 of 4 July 2016 on the State aid SA.33754 (2013/C) (ex 2013/NN) implemented by Spain for Real Madrid CF (OJ 2016 L 358, p. 3).

Operative part of the judgment

The Court:






1.



Annuls Commission Decision (EU) 2016/2393 of 4 July 2016 on the State aid SA.33754 (2013/C) (ex 2013/NN) implemented by Spain for Real Madrid CF;











2.



Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Real Madrid Club de Fútbol.







(1)  OJ C 243, 4.7.2016.
Euro exchange rates
Date: 2019-05-22
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019176EN.01000601.xml










22.5.2019   


EN


Official Journal of the European Union


C 176/6






Euro exchange rates (1)

21 May 2019
(2019/C 176/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1161 




JPY


Japanese yen


123,27 




DKK


Danish krone


7,4685 




GBP


Pound sterling


0,87610 




SEK


Swedish krona


10,7743 




CHF


Swiss franc


1,1274 




ISK


Iceland króna


137,80 




NOK


Norwegian krone


9,7913 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,775 




HUF


Hungarian forint


326,52 




PLN


Polish zloty


4,3060 




RON


Romanian leu


4,7633 




TRY


Turkish lira


6,7485 




AUD


Australian dollar


1,6223 




CAD


Canadian dollar


1,4966 




HKD


Hong Kong dollar


8,7609 




NZD


New Zealand dollar


1,7142 




SGD


Singapore dollar


1,5382 




KRW


South Korean won


1 331,88 




ZAR


South African rand


16,0909 




CNY


Chinese yuan renminbi


7,7081 




HRK


Croatian kuna


7,4265 




IDR


Indonesian rupiah


16 164,48 




MYR


Malaysian ringgit


4,6720 




PHP


Philippine peso


58,653 




RUB


Russian rouble


71,9646 




THB


Thai baht


35,643 




BRL


Brazilian real


4,5688 




MXN


Mexican peso


21,2841 




INR


Indian rupee


77,7830 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.9378 — Apax Partners/GNB) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-05-22
Institutions: European Commission
Subjects: consultancy, economic concentration, insurance company, investment, life assurance, merger control, provision of services








C_2019176EN.01003101.xml










22.5.2019   


EN


Official Journal of the European Union


C 176/31






Prior notification of a concentration
(Case M.9378 — Apax Partners/GNB)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 176/09)

1.   
On 15 May 2019, 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:






—


Apax Partners LLP (‘AP’, UK),










—


GNB — Companhia de Seguros de Vida SA (‘GNB’, Portugal).




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


2.   
The business activities of the undertakings concerned are:






—


AP provides investment advisory services to private equity funds investing in a range of industry sectors,










—


GNB provides life insurance products exclusively in Portugal.






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.9378 — Apax Partners/GNB
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.
Commission Implementing Regulation (EU) 2019/889 of 22 May 2019 approving amendments to the specification for a protected designation of origin or a protected geographical indication ‘Barbera d'Asti’ (PDO)
Date: 2019-05-22
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Italy, Piedmont, designation of origin, labelling, product designation, red wine








L_2019142EN.01004701.xml










29.5.2019   


EN


Official Journal of the European Union


L 142/47








            COMMISSION IMPLEMENTING REGULATION (EU) 2019/889
of 22 May 2019
         
approving amendments to the specification for a protected designation of origin or a protected geographical indication ‘Barbera d'Asti’ (PDO)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 99 thereof,

Whereas:







(1)


The Commission examined Italy's application pursuant to Article 105 of Regulation (EU) No 1308/2013 for the approval of amendments to the specification for the protected designation of origin ‘Barbera d'Asti’.












(2)


The Commission published the application for the approval of amendments to the specification in the Official Journal of the European Union (2), as required by Article 97(3) of Regulation (EU) No 1308/2013.












(3)


No statement of objection has been received by the Commission under Article 98 of Regulation (EU) No 1308/2013.












(4)


The amendments to the specification should therefore be approved in accordance with Article 99 of Regulation (EU) No 1308/2013.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Barbera d'Asti’ (PDO) are hereby approved.


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, 22 May 2019.


For the Commission

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ C 60, 15.2.2019, p. 4.
Case C-399/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 22 May 2019 — Autorità per le Garanzie nelle Comunicazioni v BT Italia SpA and Others
Date: 2019-05-22
Institutions: Court of Justice
Subjects: approximation of laws, regulation of telecommunications, transmission network








C_2019312EN.01000501.xml










16.9.2019   


EN


Official Journal of the European Union


C 312/5






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 22 May 2019 — Autorità per le Garanzie nelle Comunicazioni v BT Italia SpA and Others
(Case C-399/19)
(2019/C 312/06)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Autorità per le Garanzie nelle Comunicazioni

Respondents: BT Italia SpA, Basictel SpA, BT Enia Telecomunicazioni SpA, Telecom Italia SpA, PosteMobile SpA and Vodafone Italia SpA

Questions referred







1.


Does Article 12(1)(a) of Directive 2002/20/EC (1) preclude national legislation which imposes on undertakings authorised under that directive the total administrative costs incurred by the national regulatory authority in organising and carrying out all the tasks, including regulatory, supervisory, dispute-resolution and sanctioning tasks, assigned to it under the European framework for electronic communications (laid down in Directives 2002/19/EC, (2) 2002/20/EC, 2002/21/EC (3) and 2002/22/EC), (4) or are the activities mentioned in Article 12(1)(a) of Directive 2002/20/EC co-extensive with the ‘ex ante regulatory activities’ performed by the national regulatory authority?










2.


Is Article 12(2) of Directive 2002/20/EC to be interpreted as meaning that the yearly overview of the administrative costs of the national regulatory authority and of the charges levied (a) may be published after the end of the financial year, in accordance with national laws on public accounting, in which the administrative charges have been levied and (b) permits the national regulatory authority to make the ‘appropriate adjustments’ even with reference to financial years that are not immediately consecutive?






(1)  Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive) (OJ 2002 L 108, p. 21).

(2)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) (OJ 2002 L 108, p. 7).

(3)  Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ 2002 L 108, p. 33).

(4)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (OJ 2002 L 108, p. 51).
Case T-426/18: Order of the General Court of 22 May 2019 — Bizbike and Hartmobile v Commission
Date: 2019-05-22
Institutions: General Court
Subjects: China, anti-dumping legislation, anti-subsidy proceeding, electric vehicle, import (EU), originating product, principle of legal certainty, rights of the defence, two-wheeled vehicle








C_2019246EN.01004902.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/49






Order of the General Court of 22 May 2019 — Bizbike and Hartmobile v Commission
(Case T-426/18) (1)

(2019/C 246/50)
Language of the case: English
The President of the Ninth Chamber, Extended Composition, has ordered that the case be removed from the register.


(1)  OJ C 341, 24.9.2018.
Non-opposition to a notified concentration (Case M.9339 — Kennedy Wilson/AXA/JV) (Text with EEA relevance.)
Date: 2019-05-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, insurance company, investment company, merger control, real estate business








C_2019188EN.01000101.xml










4.6.2019   


EN


Official Journal of the European Union


C 188/1






Non-opposition to a notified concentration
(Case M.9339 — Kennedy Wilson/AXA/JV)
(Text with EEA relevance)
(2019/C 188/01)
On 22 May 2019, 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 32019M9339. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.