do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9382 — Toyota Financial Services Corporation/Mazda Motor Corporation/SMM Auto Finance JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-06-20
Institutions: European Commission
Subjects: economic concentration, financial services, merger control, motor vehicle, motor vehicle industry, vehicle parts








C_2019209EN.01004201.xml










20.6.2019   


EN


Official Journal of the European Union


C 209/42






Prior notification of a concentration
(Case M.9382 — Toyota Financial Services Corporation/Mazda Motor Corporation/SMM Auto Finance JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 209/09)

1.   
On 13 June 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:






—


Toyota Financial Services Corporation (‘TFS’, Japan), controlled by the Toyota Motor Corporation (‘TMC’, Japan),










—


Mazda Motor Corporation (‘MMC’, Japan),










—


SMM Auto Finance, Inc. (‘SMMAF’, Japan).




TFS and MMC within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole SMMAF.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


TFS offers a range of financial services, including auto sales financing, credit cards and insurance services, globally,










—


MMC is active in the development, manufacture and marketing of motor vehicles and related spare parts and accessories, globally,










—


SMMAF provides motor vehicle finance services to Japanese consumers for Mazda motor vehicles bought in Japan. SMMAF is only active in Japan.






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.9382 — Toyota Financial Services Corporation/Mazda Motor Corporation/SMM Auto Finance JV.
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-424/18: Order of the Court of 20 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto — Italy) — Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’ v ULSS 5 Polesana Rovigo, Regione del Veneto (Reference for a preliminary ruling — Public procurement of supplies, works or services — Directive 2014/24/EU — Article 10(h) — Specific exclusions for service contracts — Patient transport ambulance services — Concept)
Date: 2019-06-20
Institutions: Court of Justice
Subjects: paramedical profession, professional qualifications, public procurement, services contract, transport of patients








C_2020010EN.01002001.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/20






Order of the Court of 20 June 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto — Italy) — Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’ v ULSS 5 Polesana Rovigo, Regione del Veneto
(Case C-424/18) (1)

(Reference for a preliminary ruling - Public procurement of supplies, works or services - Directive 2014/24/EU - Article 10(h) - Specific exclusions for service contracts - Patient transport ambulance services - Concept)
(2020/C 10/24)
Language of the case: Italian

Referring court

Tribunale amministrativo regionale per il Veneto

Parties to the main proceedings


Applicants: Italy Emergenza Cooperativa Sociale, Associazione Volontaria di Pubblica Assistenza ‘Croce Verde’

Defendants: ULSS 5 Polesana Rovigo, Regione del Veneto

Interveners: Regione del Veneto, Croce Verde Adria, Italy Emergenza Cooperativa Sociale, Associazione Nazionale Pubbliche Assistenze (Organizzazione nazionale di volontariato) — ANPAS ODV, Associazione Nazionale Pubblica Assistenza (ANPAS) — Comitato regionale Liguria, Confederazione Nazionale delle Misericordie d’Italia

Operative part of the order

Article 10(h) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, read in conjunction with recital 28 of that directive, must be interpreted as precluding national legislation under which ambulance services that require the presence on board of a driver with emergency response training and at least one emergency responder with the qualifications and skills obtained from completing a course and passing an examination in emergency response, and transport services provided with basic levels of care using emergency vehicles, fall, in the absence of any emergency, within the exclusion provided for in that article.


(1)  OJ C 311, 3.9.2018.
Case C-100/18: Judgment of the Court (Second Chamber) of 20 June 2019 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Línea Directa Aseguradora, SA v Segurcaixa, Sociedad Anónima de Seguros y Reaseguros (Reference for a preliminary ruling — Insurance against civil liability in respect of the use of motor vehicles — Directive 2009/103/EC — Article 3, first paragraph — Concept of ‘use of vehicles’ — Damage to property as a result of a fire in a vehicle parked in the private garage of the property — Compulsory insurance cover)
Date: 2019-06-20
Institutions: Court of Justice
Subjects: civil liability, compulsory insurance, damage, fire, motor vehicle, motor vehicle insurance, parking area, third-party insurance








C_2019270EN.01001101.xml










12.8.2019   


EN


Official Journal of the European Union


C 270/11






Judgment of the Court (Second Chamber) of 20 June 2019 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Línea Directa Aseguradora, SA v Segurcaixa, Sociedad Anónima de Seguros y Reaseguros
(Case C-100/18) (1)

(Reference for a preliminary ruling - Insurance against civil liability in respect of the use of motor vehicles - Directive 2009/103/EC - Article 3, first paragraph - Concept of ‘use of vehicles’ - Damage to property as a result of a fire in a vehicle parked in the private garage of the property - Compulsory insurance cover)
(2019/C 270/12)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Línea Directa Aseguradora, SA

Defendant: Segurcaixa, Sociedad Anónima de Seguros y Reaseguros

Operative part of the judgment

Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability, must be interpreted as meaning that a situation such as that at issue in the main proceedings, in which a vehicle parked in a private garage of a building, used in accordance with its function as a means of transport, has caught fire, giving rise to a fire which originated in the electrical circuit of that vehicle and caused damage to that building, even though that vehicle has not been moved for more than 24 hours before the fire occurred, falls within the concept of ‘use of vehicles’ referred to in that provision.


(1)  OJ C 161, 7.5.2018.
Notice of the expiry of certain anti-subsidy measures
Date: 2019-06-20
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Türkiye, countervailing charge, fish, import (EU), originating product








C_2019209EN.01003401.xml










20.6.2019   


EN


Official Journal of the European Union


C 209/34






Notice of the expiry of certain anti-subsidy measures
(2019/C 209/06)
1.   As provided for in Article 18(4) of Regulation (EU) 2016/1037 of the European Parliament and of the Council of 8 June 2016 on protection against subsidised imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the countervailing measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of subsidisation and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, 1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 18(4) of Regulation (EU) 2016/1037.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain rainbow trout


Turkey


Anti-subsidy duty


Commission Implementing Regulation (EU) 2015/309 of 26 February 2015 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain rainbow trout originating in Turkey
(OJ L 56, 27.2.2015, p. 12).


28.2.2020






(1)  OJ L 176, 30.6.2016, p. 55.

(2)  TRADE-Defence-Complaints@ec.europa.eu

(3)  The measure will expire at midnight of the day mentioned in this column.
Case T-374/19: Action brought on 20 June 2019 — Wuhrer v Parliament
Date: 2019-06-20
Institutions: General Court
Subjects: Bureau of the EP, Member of the European Parliament, allowances and expenses, damages, equal treatment, legality, pension scheme, principle of legal certainty, principle of proportionality, retroactivity of a law








C_2019263EN.01007101.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/71






Action brought on 20 June 2019 — Wuhrer v Parliament
(Case T-374/19)
(2019/C 263/76)
Language of the case: Italian

Parties


Applicant: Lina Wuhrer (Brescia, Italy) (represented by: M. Paniz, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the communiqué of the European Parliament Directorate-General for Finance implementing Resolution No 14/2018 of 12 July 2018 of the Office of the President of the Italian Chamber of Deputies and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and, in any event,










—


annul the redetermination and recalculation of the life annuity disbursed by the European Parliament;










—


accordingly, declare that the applicant is entitled to the maintenance of the life annuity in question in so far as it was accrued and is being accrued on the basis of the legislation in force prior to Resolution No 14/2018 of the Office of the President of the Italian Chamber [of Deputies] and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and order the European Parliament to pay her all the sums unduly withheld, adjusted for inflation, together with statutory interest from the date of withholding until the date of payment;










—


order the European Parliament to implement the judgment and immediately to restore in full the original amount of the life annuity, and to pay compensation for all damages if and to the extent that damages are payable to the applicant; and










—


in any event, order the Parliament to pay all costs, lawyers’ fees, plus VAT, taxes, duties and flat-rate charges.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-345/19, Santini v Parliament.
Case C-472/19: Request for a preliminary ruling from the Conseil d’État (France) lodged on 20 June 2019 — Vert Marine SAS v Premier ministre, Ministre de l’Économie et des Finances
Date: 2019-06-20
Institutions: Court of Justice
Subjects: award of contract, offence, penalty, public procurement, ruling, service concession








C_2019280EN.01003101.xml










19.8.2019   


EN


Official Journal of the European Union


C 280/31






Request for a preliminary ruling from the Conseil d’État (France) lodged on 20 June 2019 — Vert Marine SAS v Premier ministre, Ministre de l’Économie et des Finances
(Case C-472/19)
(2019/C 280/42)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Vert Marine SAS

Defendant): Premier ministre, Ministre de l’Économie et des Finances

Questions referred







1.


Must Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (1) be interpreted as precluding the legislation of a Member State, with an objective of promoting accountability in public procurement, from not giving an economic operator that has been convicted by final judgment of an offence of specific gravity, and that, on that ground, is the subject of a measure prohibiting it from participating in a procedure for procurement by a concession contract for a period of five years, the opportunity of providing evidence to the effect that the measures it has taken are sufficient to demonstrate its reliability despite the existence of that ground for exclusion?










2.


If Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 allows the Member States to entrust authorities other than the contracting authority concerned with the responsibility of assessing the compliance mechanism for operators, does that power enable that authority to entrust the courts with that mechanism? If so, can mechanisms such as the provisions of French law on release, judicial rehabilitation and the removal of any mention of the conviction from Bulletin No 2 of the criminal record be treated in the same way as compliance mechanisms in accordance with the directive?






(1)  OJ 2014 L 94, p. 1.
Case T-372/19: Action brought on 20 June 2019 — Cellai v Parliament
Date: 2019-06-20
Institutions: General Court
Subjects: Bureau of the EP, Member of the European Parliament, allowances and expenses, damages, equal treatment, legality, pension scheme, principle of legal certainty, principle of proportionality, retroactivity of a law








C_2019263EN.01006901.xml










5.8.2019   


EN


Official Journal of the European Union


C 263/69






Action brought on 20 June 2019 — Cellai v Parliament
(Case T-372/19)
(2019/C 263/74)
Language of the case: Italian

Parties


Applicant: Marco Cellai (Florence, Italy) (represented by: M. Paniz, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:






—


annul the communiqué of the European Parliament Directorate-General for Finance implementing Resolution No 14/2018 of 12 July 2018 of the Office of the President of the Italian Chamber of Deputies and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and, in any event,










—


annul the redetermination and recalculation of the life annuity disbursed by the European Parliament;










—


accordingly, declare that the applicant is entitled to the maintenance of the life annuity in question in so far as it was accrued and is being accrued on the basis of the legislation in force prior to Resolution No 14/2018 of the Office of the President of the Italian Chamber [of Deputies] and/or Resolution No 6/2018 of the Presidential Council of the Senate of the Italian Republic, and order the European Parliament to pay him all the sums unduly withheld, adjusted for inflation, together with statutory interest from the date of withholding until the date of payment;










—


order the European Parliament to implement the judgment and immediately to restore in full the original amount of the life annuity, and to pay compensation for all damages if and to the extent that damages are payable to the applicant; and










—


in any event, order the Parliament to pay all costs, lawyers’ fees, plus VAT, taxes, duties and flat-rate charges.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-345/19, Santini v Parliament.
Case T-390/18: Judgment of the General Court of 20 June 2019 — Nonnemacher v EUIPO — Ingram (WKU WORLD KICKBOXING AND KARATE UNION) (EU trade mark — Invalidity proceedings — EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION — Earlier EU word marks WKA — Ground for refusal — Likelihood of confusion — Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 — No limitation in consequence of acquiescence — Article 61(1) of Regulation 2017/1001)
Date: 2019-06-20
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, sport, sports equipment, trade-mark law








C_2019305EN.01005201.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/52






Judgment of the General Court of 20 June 2019 — Nonnemacher v EUIPO — Ingram (WKU WORLD KICKBOXING AND KARATE UNION)
(Case T-390/18) (1)

(EU trade mark - Invalidity proceedings - EU figurative mark WKU WORLD KICKBOXING AND KARATE UNION - Earlier EU word marks WKA - Ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001 - No limitation in consequence of acquiescence - Article 61(1) of Regulation 2017/1001)
(2019/C 305/62)
Language of the case: German

Parties


Applicant: Klaus Nonnemacher (Karlsruhe, Germany) (represented by: C. Zierhut, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Paul Ingram (Birmingham, United Kingdom) (represented by: A. Haberl, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 17 April 2018 (Case R 409/2017-1), relating to invalidity proceedings between Ingram and Nonnemacher.

Operative part of the judgment







1.



The action is dismissed.











2.



Klaus Nonnemacher is ordered to pay the costs.







(1)  OJ C 285, 13.8.2018.
Case C-291/18: Judgment of the Court (Third Chamber) of 20 June 2019 (request for a preliminary ruling from the Curtea de Apel București — Romania) — Grup Servicii Petroliere SA v Agenția Națională de Administrare Fiscală — Direcția Generală de Soluționare a Contestațiilor, Agenția Națională de Administrare Fiscală — Direcția Generală de Administrare a Marilor Contribuabili (Reference for a preliminary ruling — Common system of value added tax (VAT) — Directive 2006/112/EC — Article 148(a) and (c) — Exemptions related to international transport — Supply of offshore jackup drilling rigs — Concept of ‘vessels used for navigation on the high seas’ — Scope)
Date: 2019-06-20
Institutions: Court of Justice
Subjects: VAT, cargo vessel, carriage of goods, drilling equipment, international transport, offshore drilling, offshore oil structure, tax exemption








C_2019270EN.01001201.xml










12.8.2019   


EN


Official Journal of the European Union


C 270/12






Judgment of the Court (Third Chamber) of 20 June 2019 (request for a preliminary ruling from the Curtea de Apel București — Romania) — Grup Servicii Petroliere SA v Agenția Națională de Administrare Fiscală — Direcția Generală de Soluționare a Contestațiilor, Agenția Națională de Administrare Fiscală — Direcția Generală de Administrare a Marilor Contribuabili
(Case C-291/18) (1)

(Reference for a preliminary ruling - Common system of value added tax (VAT) - Directive 2006/112/EC - Article 148(a) and (c) - Exemptions related to international transport - Supply of offshore jackup drilling rigs - Concept of ‘vessels used for navigation on the high seas’ - Scope)
(2019/C 270/13)
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Applicant: Grup Servicii Petroliere SA

Defendants: Agenția Națională de Administrare Fiscală — Direcția Generală de Soluționare a Contestațiilor, Agenția Națională de Administrare Fiscală — Direcția Generală de Administrare a Marilor Contribuabili

Operative part of the judgment

Article 148(a) and (c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that the expression ‘vessels used for navigation on the high seas’ contained in that provision does not apply to the supply of floating structures, such as the offshore jackup drilling rigs of the type at issue in the main proceedings, which are used predominantly in a stationary position to exploit hydrocarbon deposits at sea.


(1)  OJ C 259, 23.7.2018.
No state aid within the meaning of Article 61(1) of the EEA Agreement
Date: 2019-06-20
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, aid to undertakings, control of State aid, farm rent, harbour installation, hiring








C_2019209EN.01003301.xml










20.6.2019   


EN


Official Journal of the European Union


C 209/33






No state aid within the meaning of Article 61(1) of the EEA Agreement
(2019/C 209/05)
The EFTA Surveillance Authority considers that the following measure does not constitute state aid within the meaning of Article 61(1) of the EEA Agreement:








Date of adoption of the decision



:


2 April 2019





Case No



:


82159





Decision No



:


020/19/COL





EFTA State



:


Norway





Title (and/or name of the beneficiary)



:


Leangbukten Båtforenings Andelslag





Form of aid



:


No aid





Name and address of the granting authority



:







Asker municipality




P.O Box 353




1372 Asker




Norway








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/