do-me/EUR-LEX huggingface dataset:
Case C-509/18: Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court — Ireland) — Execution of a European arrest warrant issued in respect of PF (Reference for a preliminary ruling — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by the Prosecutor General of a Member State — Legal position — Guarantee of independence)
Date: 2019-05-27
Institutions: Court of Justice
Subjects: European arrest warrant, executive power, independence of the judiciary, judicial power, public prosecutor's department








C_2019263EN.01002201.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/22






Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court — Ireland) — Execution of a European arrest warrant issued in respect of PF
(Case C-509/18) (1)

(Reference for a preliminary ruling - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 6(1) - Concept of ‘issuing judicial authority’ - European arrest warrant issued by the Prosecutor General of a Member State - Legal position - Guarantee of independence)
(2019/C 263/27)
Language of the case: English

Referring court

Supreme Court

Party to the main proceedings

PF

Operative part of the judgment

The concept of an ‘issuing judicial authority’, within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as including the Prosecutor General of a Member State who, whilst institutionally independent from the judiciary, is responsible for the conduct of criminal prosecutions and whose legal position, in that Member State, affords him a guarantee of independence from the executive in connection with the issuing of a European arrest warrant.


(1)  OJ C 364, 8.10.2018.
Joined Cases C-508/18 and C-82/19 PPU: Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court, High Court (Ireland) — Ireland) — Proceedings relating to the execution of European arrest warrants issued in respect of OG (C-508/18), PI (C-82/19 PPU) (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Police and judicial cooperation in criminal matters — European arrest warrant — Framework Decision 2002/584/JHA — Article 6(1) — Concept of ‘issuing judicial authority’ — European arrest warrant issued by a public prosecutor’s office of a Member State — Legal position — Whether subordinate to a body of the executive — Power of a Ministry of Justice to issue an instruction in a specific case — No guarantee of independence)
Date: 2019-05-27
Institutions: Court of Justice
Subjects: European arrest warrant, executive power, independence of the judiciary, ministry, public prosecutor's department








C_2019263EN.01002101.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/21






Judgment of the Court (Grand Chamber) of 27 May 2019 (request for a preliminary ruling from the Supreme Court, High Court (Ireland) — Ireland) — Proceedings relating to the execution of European arrest warrants issued in respect of OG (C-508/18), PI (C-82/19 PPU)
(Joined Cases C-508/18 and C-82/19 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Police and judicial cooperation in criminal matters - European arrest warrant - Framework Decision 2002/584/JHA - Article 6(1) - Concept of ‘issuing judicial authority’ - European arrest warrant issued by a public prosecutor’s office of a Member State - Legal position - Whether subordinate to a body of the executive - Power of a Ministry of Justice to issue an instruction in a specific case - No guarantee of independence)
(2019/C 263/26)
Language of the case: English

Referring court

Supreme Court, High Court (Ireland)

Parties to the main proceedings


Applicant: OG (C-508/18) and PI (C-82/19 PPU)

Operative part of the judgment







1.


Cases C-508/18 and C-82/19 PPU are joined for the purposes of the judgment.










2.


The concept of an ‘issuing judicial authority’, within the meaning of Article 6(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, must be interpreted as not including public prosecutors’ offices of a Member State which are exposed to the risk of being subject, directly or indirectly, to directions or instructions in a specific case from the executive, such as a Minister for Justice, in connection with the adoption of a decision to issue a European arrest warrant.






(1)  OJ C 364, 8.10.2018.

OJ C 122, 1.4.2019.
Council Decision of 27 May 2019 appointing a member and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg
Date: 2019-05-27
Institutions: Council of the European Union
Subjects: Luxembourg, advisory committee (EU), appointment of members, occupational safety




C_2019185EN.01000301.xml










29.5.2019   


EN


Official Journal of the European Union


C 185/3






COUNCIL DECISION
of 27 May 2019
appointing a member and alternate members of the Advisory Committee on Safety and Health at Work for Luxembourg
(2019/C 185/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 12 March 2019 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2019 to 28 February 2022.










(2)


By its Decisions of 15 April 2019 (3) and 14 May 2019 (4), the Council appointed further members and alternate members of the Advisory Committee on Safety and Health at Work for some Member States.










(3)


The Government of Luxembourg has submitted further nominations for several posts to be filled,




HAS ADOPTED THIS DECISION:

Article 1
The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2022:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate members




Luxembourg


Mr Marco BOLY


Ms Patrice FURLANI
Mr Armin KOEGEL






Article 2
The Council shall appoint the members and alternate members not yet nominated at a later date.


Article 3
This Decision shall be published for information in the Official Journal of the European Union.


Done at Brussels, 27 May 2019.


For the Council


The President

N. HURDUC




(1)  OJ C 218, 13.9.2003, p. 1.

(2)  OJ C 100, 15.3.2019, p. 1.

(3)  OJ C 142, 23.4.2019, p. 20.

(4)  OJ C 169, 17.5.2019, p. 2.
Case T-320/19: Action brought on 27 May 2019 — BV v Commission
Date: 2019-05-27
Institutions: General Court
Subjects: EU budget, budgetary resources, interest, transfer of pension rights








C_2019246EN.01003701.xml










22.7.2019   


EN


Official Journal of the European Union


C 246/37






Action brought on 27 May 2019 — BV v Commission
(Case T-320/19)
(2019/C 246/39)
Language of the case: French

Parties


Applicant: BV (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of 17 September 2018 by which the interest generated on the capital representing his transferred pension rights was not returned to him;










—


in any event, order the Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging the lack of a legal basis and of reasoning of the contested decision.










2.


Second plea in law, alleging infringement of Article 7(6) of the general provisions for the implementation of Article 11(2) of Annex VIII to the Staff Regulations adopted by the Commission.










3.


Third plea in law, alleging unjust enrichment in favour of the Union caused by the allocation to the budget of the European Union of the amount deducted in respect of the capital appreciation.
Case C-412/19 P: Appeal brought on 27 May 2019 by Xianhao Pan against the judgment of the General Court (Eighth Chamber) delivered on 21 March 2019 in Case T-777/17: Pan v EUIPO - Entertainment One UK (TOBBIA)
Date: 2019-05-27
Institutions: Court of Justice
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2019383EN.01003701.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/37






Appeal brought on 27 May 2019 by Xianhao Pan against the judgment of the General Court (Eighth Chamber) delivered on 21 March 2019 in Case T-777/17: Pan v EUIPO - Entertainment One UK (TOBBIA)
(Case C-412/19 P)
(2019/C 383/42)
Language of the case: English

Parties


Appellant: Xianhao Pan (represented by: M. Oliva, avvocato)

Other parties to the proceedings: European Union Intellectual Property Office, Entertainment One UK Ltd
By order of 12 July 2019 of the Vice-President the Court of Justice held that the appeal is dismissed as inadmissible.
Case C-410/19: Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 27 May 2019 — The Software Incubator Ltd v Computer Associates (UK) Ltd
Date: 2019-05-27
Institutions: Court of Justice
Subjects: sale, sales representative, self-employed person, software








C_2019255EN.01002701.xml










29.7.2019   


EN


Official Journal of the European Union


C 255/27






Reference for a preliminary ruling from Supreme Court of the United Kingdom (United Kingdom) made on 27 May 2019 — The Software Incubator Ltd v Computer Associates (UK) Ltd
(Case C-410/19)
(2019/C 255/36)
Language of the case: English

Referring court

Supreme Court of the United Kingdom

Parties to the main proceedings


Applicant: The Software Incubator Ltd

Defendant: Computer Associates (UK) Ltd

Questions referred







1.


Where a copy of computer software is supplied to a principal’s customers electronically, and not on any tangible medium, does it constitute ‘goods’ within the meaning of that term as it appears in the definition of a commercial agent in Article 1(2) of Council Directive 86/653/EEC of December 1986 on the co-ordination of the laws of member states relating to self-employed commercial agents (1) (‘Directive’)?










2.


Where computer software is supplied to a principal’s customers by way of the grant to the customer of a perpetual licence to use a copy of the computer software, does that constitute a ‘sale of goods’ within the meaning of that term as it appears in the definition of commercial agent in Article 1(2) of the Directive?






(1)  OJ 1986, L 382, p. 17
Prior notification of a concentration (Case M.8934 — Danske Bank/DNB/Nordea Bank/SEB/Svenska Handelsbanken/Swedbank/KYC Utility) (Text with EEA relevance.)
Date: 2019-05-27
Institutions: European Commission
Subjects: bank, banking, economic concentration, merger control








C_2019181EN.01000601.xml










27.5.2019   


EN


Official Journal of the European Union


C 181/6






Prior notification of a concentration
(Case M.8934 — Danske Bank/DNB/Nordea Bank/SEB/Svenska Handelsbanken/Swedbank/KYC Utility)
(Text with EEA relevance)
(2019/C 181/03)

1.   
On 17 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:






—


Danske Bank A/S (‘Danske Bank’, Denmark),










—


DNB Bank ASA (‘DNB’, Norway),










—


Nordea Bank Abp (‘Nordea’, Sweden),










—


Skandinaviska Enskilda Banken AB (‘SEB’, Sweden),










—


Svenska Handelsbanken AB (‘Svenska Handelsbanken’, Sweden),










—


Swedbank AB (‘Swedbank’, Sweden).




The proposed concentration consist of the acquisition of joint control, within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation, by Danske Bank, DNB, Nordea, SEB, Svenska Handelsbanken, and Swedbank over a newly created joint venture (‘KYC Utility’).
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Danske Bank, DNB, Nordea, SEB, Svenska Handelsbanken, and Swedbank are banking groups based in the Nordics,










—


KYC Utility will be active in the Nordic region offering Know Your Customer (‘KYC’) services consisting in gathering, validating, and providing to customers, such as banks and financial institutions, the information required under the applicable anti-money laundering and counter-terrorist financing regulations, with the view of facilitating compliance with these regulations.






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.



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.8934 — Danske Bank/DNB/Nordea Bank/SEB/Svenska Handelsbanken/Swedbank/KYC Utility
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’).
Euro exchange rates
Date: 2019-05-27
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019181EN.01000101.xml










27.5.2019   


EN


Official Journal of the European Union


C 181/1






Euro exchange rates (1)

24 May 2019
(2019/C 181/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1187 




JPY


Japanese yen


122,61 




DKK


Danish krone


7,4678 




GBP


Pound sterling


0,88318 




SEK


Swedish krona


10,7098 




CHF


Swiss franc


1,1215 




ISK


Iceland króna


138,30 




NOK


Norwegian krone


9,7558 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,830 




HUF


Hungarian forint


325,95 




PLN


Polish zloty


4,2974 




RON


Romanian leu


4,7619 




TRY


Turkish lira


6,7988 




AUD


Australian dollar


1,6205 




CAD


Canadian dollar


1,5053 




HKD


Hong Kong dollar


8,7806 




NZD


New Zealand dollar


1,7109 




SGD


Singapore dollar


1,5403 




KRW


South Korean won


1 328,29 




ZAR


South African rand


16,1554 




CNY


Chinese yuan renminbi


7,7206 




HRK


Croatian kuna


7,4258 




IDR


Indonesian rupiah


16 100,89 




MYR


Malaysian ringgit


4,6857 




PHP


Philippine peso


58,403 




RUB


Russian rouble


72,1352 




THB


Thai baht


35,636 




BRL


Brazilian real


4,5247 




MXN


Mexican peso


21,3057 




INR


Indian rupee


77,8000 






(1)  Source: reference exchange rate published by the ECB.
Case T-321/19: Action brought on 27 May 2019 — Maternus v EUIPO — adp Gauselmann (Jokers WILD Casino)
Date: 2019-05-27
Institutions: General Court
Subjects: EU trade mark, automatic game, clock and watch industry, fancy leather goods and glove-making industry, gaming establishment, jewellery and goldsmith's articles, online game, registered trade mark, tobacco industry, trade-mark law








C_2019238EN.01002801.xml










15.7.2019   


EN


Official Journal of the European Union


C 238/28






Action brought on 27 May 2019 — Maternus v EUIPO — adp Gauselmann (Jokers WILD Casino)
(Case T-321/19)
(2019/C 238/33)
Language in which the application was lodged: German

Parties


Applicant: Maternus GmbH (Munich, Germany) (represented by: M. Zöbisch and R. Drozdz, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: adp Gauselmann GmbH (Lübbecke, Germany)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark Jokers WILD Casino in black, red, yellow and white — EU trade mark No 9 515 321

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 27 February 2019 in Case R 803/2018-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of the first sentence of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.9274 — GlaxoSmithKline/Pfizer Consumer Healthcare Business) (Text with EEA relevance.)
Date: 2019-05-27
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2019181EN.01000801.xml










27.5.2019   


EN


Official Journal of the European Union


C 181/8






Prior notification of a concentration
(Case M.9274 — GlaxoSmithKline/Pfizer Consumer Healthcare Business)
(Text with EEA relevance)
(2019/C 181/04)

1.   
On 17 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:






—


GlaxoSmithKline plc. (‘GSK’, United Kingdom), and










—


Pfizer Consumer Healthcare Business (‘Pfizer CH’, United States), controlled by Pfizer Inc.




GSK acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the whole of Pfizer CH.
The concentration is accomplished by way of purchase of shares and assets.


2.   
The business activities of the undertakings concerned are:






—


GSK is a global pharmaceutical company active in the research, development, manufacturing, and marketing of prescription pharmaceuticals, vaccines, and consumer healthcare pharmaceuticals typically available without prescription, for various indications. GSK’s worldwide consumer health products span across various therapeutic areas, including pain management, respiratory health, nutrition and digestive health, skin health, and oral health.










—


Pfizer CH develops, manufactures and markets non-prescription medicines, vitamins, and nutritional products globally. Pfizer CH is active worldwide across various product categories, including pain management, respiratory health, gastrointestinal treatment, dietary supplements, and personal care products.






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.



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.9274 — GlaxoSmithKline/Pfizer Consumer Healthcare Business
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’).
Prior notification of a concentration (Case M.9373 — PAI Partners/Areas Worldwide) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-05-27
Institutions: European Commission
Subjects: catering industry, consultancy, economic concentration, investment company, merger control








C_2019181EN.01001001.xml










27.5.2019   


EN


Official Journal of the European Union


C 181/10






Prior notification of a concentration
(Case M.9373 — PAI Partners/Areas Worldwide)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 181/06)

1.   
On 17 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:






—


PAI Europe VII funds (Luxembourg), belonging to the group of PAI Partners SAS (‘PAI Partners’, France),










—


Areas Worldwide (France).




PAI Partners acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Areas Worldwide.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for PAI Partners: a private equity company that manages and advises a number of funds that own companies active in a variety of business sectors, such as business services, food and consumer, general industries, healthcare, and retail and distribution,
—   for Areas Worldwide: management of travel concession catering, mainly in motorways, airports and railway stations.


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.9373 — PAI Partners/Areas Worldwide
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.