do-me/EUR-LEX huggingface dataset:
Case C-649/17: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl (Reference for a preliminary ruling — Consumer protection — Directive 2011/83/EU — Article 6(1)(c) — Information requirements for distance and off-premises contracts — Obligation, for a trader, to indicate its telephone number and its fax number ‘where they are available’ — Scope)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: consumer information, distance selling, means of communication








C_2019305EN.01000701.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/7






Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl
(Case C-649/17) (1)

(Reference for a preliminary ruling - Consumer protection - Directive 2011/83/EU - Article 6(1)(c) - Information requirements for distance and off-premises contracts - Obligation, for a trader, to indicate its telephone number and its fax number ‘where they are available’ - Scope)
(2019/C 305/08)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

Respondent: Amazon EU Sàrl

Operative part of the judgment

Article 6(1)(c) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council must be interpreted as, firstly, precluding national legislation, such as that at issue in the main proceedings, which imposes on traders, before concluding a distance or off-premises contract referred to in Article 2(7) and (8) of that directive, to provide, in all circumstances, their telephone number. Secondly, that provision does not imply an obligation for traders to establish a telephone or fax line, or to create a new email address to allow consumers to contact them and requires that number, the fax number or their email address to be communicated only where those traders already have those means of communication with consumers;
Article 6(1)(c) of Directive 2011/83 must be interpreted as meaning that, although that provision requires traders to make available to consumers a means of communication capable of satisfying the criteria of direct and effective communication, it does not preclude those traders from providing other means of communication than those listed in that provision in order to satisfy those criteria.


(1)  OJ C 112, 26.3.2018.
Decision of the EEA Joint Committee No 202/2019 of 10 July 2019 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2224]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: EU migration policy, European Economic Area, commitment of expenditure, free movement of workers, general budget (EU), protocol to an agreement, revision of an agreement, social-security harmonisation




L_2022298EN.01004001.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/40








            DECISION OF THE EEA JOINT COMMITTEE No 202/2019
of 10 July 2019
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2224]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the free movement of workers, coordination of social security schemes and measures for migrants, including migrants from third countries.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2019,





HAS ADOPTED THIS DECISION:



Article 1
In paragraphs 5 and 13 of Article 5 of Protocol 31 to the EEA Agreement, the words “and 2018” are replaced by the words “, 2018 and 2019”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
It shall apply from 1 January 2019.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(*)  No constitutional requirements indicated.
Prior notification of a concentration (Case M.9381 — Carlyle/Mubadala/CEPSA) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-07-10
Institutions: European Commission
Subjects: economic concentration, gas industry, investment company, merger control, oil industry








C_2019232EN.01001201.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/12






Prior notification of a concentration
(Case M.9381 — Carlyle/Mubadala/CEPSA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 232/11)

1.   
On 3 July 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:






—


The Carlyle Group L.P. (“Carlyle”, USA),










—


Mubadala Investment Company PJSC (“Mubadala”, United Arab Emirates),










—


Compañía Española de Petróleos, S.A.U. (“CEPSA”, Spain).




Carlyle and Mubadala acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of CEPSA. CEPSA is currently solely controlled by Mubadala.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Carlyle is a global investment firm, which manages funds that invest globally across four business segments: (i) corporate private equity; (ii) real assets; (iii) global credit; and (iv) investment solutions,










—


Mubadala is active in direct principal investments,










—


CEPSA is an integrated oil and gas company.






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.9381 — Carlyle/Mubadala/CEPSA
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: 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 T-499/19: Action brought on 10 July 2019 – ZU v EEAS
Date: 2019-07-10
Institutions: General Court
Subjects: European civil service, medical examination, right to justice, sick leave








C_2019348EN.01001601.xml










14.10.2019   


EN


Official Journal of the European Union


C 348/16






Action brought on 10 July 2019 – ZU v EEAS
(Case T-499/19)
(2019/C 348/16)
Language of the case: English

Parties


Applicant: ZU (represented by: C. Bernard-Glanz, lawyer)

Defendant: European External Action Service (EEAS)

Form of order sought

The applicant claims that the Court should:






—


annul the decisions of the EEAS of 31 August 2018 and 10 January 2019, implementing the note of the Medical Service of 30 August 2018, by deducting sick leave;










—


order the defendant 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 breach of the principle of good administration and duty of care, inflating cost estimates leading to unjustified attribution to the applicant of responsibility for not appearing for a medical check in Brussels.










2.


Second plea in law, alleging misuse of powers with an indication of deliberate intent to undermine the applicant due to personal bias.










3.


Third plea in law, alleging manifest error of assessment with regard to the question whether the applicant’s legal situation had changed and a failure to analyse thoroughly why responsibility was attributed to the applicant for not appearing for a medical check.
Decision of the EEA Joint Committee No 204/2019 of 10 July 2019 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2226]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, free movement of goods, freedom to provide services, general budget (EU), goods and services, protocol to an agreement, revision of an agreement, single market




L_2022298EN.01004201.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/42








            DECISION OF THE EEA JOINT COMMITTEE No 204/2019
of 10 July 2019
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2226]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the operation and development of the internal market of goods and services and regarding internal market governance tools.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2019,





HAS ADOPTED THIS DECISION:



Article 1
In paragraphs 12 and 14 of Article 7 of Protocol 31 to the EEA Agreement, the words “and 2018” are replaced by the words “, 2018 and 2019”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
It shall apply from 1 January 2019.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(*)  No constitutional requirements indicated.
Prior notification of a concentration (Case M.9429 — Sports Direct International/GAME Digital) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-07-10
Institutions: European Commission
Subjects: economic concentration, gaming, merger control, retail trade, sports equipment








C_2019232EN.01000901.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/9






Prior notification of a concentration
(Case M.9429 — Sports Direct International/GAME Digital)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 232/08)

1.   
On 3 July 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:






—


Sports Direct International plc (‘SDI’, United Kingdom),










—


GAME Digital plc (‘GAME’, United Kingdom).




SDI acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of GAME.
The concentration is accomplished by way of public bid announced on 5 June 2019.


2.   
The business activities of the undertakings concerned are:
—   for SDI: sporting goods retailer, which operates a diversified portfolio of sports, fitness, fashion and lifestyle brands,
—   for GAME: specialist retailer of gaming consoles, games and accessories, as well as digital content and other gaming-related 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.
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.9429 — Sports Direct International/GAME Digital
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.
Decision of the EEA Joint Committee No 205/2019 of 10 July 2019 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2227]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, company law, general budget (EU), protocol to an agreement, revision of an agreement




L_2022298EN.01004301.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/43








            DECISION OF THE EEA JOINT COMMITTEE No 205/2019
of 10 July 2019
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2227]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:







(1)


It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding company law.












(2)


Protocol 31 to the EEA Agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 January 2019,





HAS ADOPTED THIS DECISION:



Article 1
In paragraph 13 of Article 7 of Protocol 31 to the EEA Agreement, the words “and 2018” are replaced by the words “, 2018 and 2019”.


Article 2
This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).
It shall apply from 1 January 2019.


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(*)  No constitutional requirements indicated.
Non-opposition to a notified concentration (Case M.9274 — GlaxoSmithKline/Pfizer Consumer Healthcare Business) (Text with EEA relevance) 2020/C 15/02
Date: 2019-07-10
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2020015EN.01000201.xml










16.1.2020   


EN


Official Journal of the European Union


C 15/2






Non-opposition to a notified concentration
(Case M.9274 — GlaxoSmithKline/Pfizer Consumer Healthcare Business)
(Text with EEA relevance)
(2020/C 15/02)
On 10 July 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) in conjunction with Article 6(2) 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 32019M9274. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 186/2019 of 10 July 2019 amending Annex IX (Financial Services) to the EEA Agreement [2022/2210]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, financial solvency, insurance company, market supervision, reinsurance, reserves, revision of an agreement, technical specification




L_2022298EN.01000701.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/7








            DECISION OF THE EEA JOINT COMMITTEE No 186/2019
of 10 July 2019
         
amending Annex IX (Financial Services) to the EEA Agreement [2022/2210]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) 2019/699 of 6 May 2019 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2019 until 29 June 2019 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 1zg (Commission Implementing Regulation (EU) 2019/228) of Annex IX to the EEA Agreement:






‘1zh.



32019 R 0699: Commission Implementing Regulation (EU) 2019/699 of 6 May 2019 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2019 until 29 June 2019 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (OJ L 119, 7.5.2019, p.70).’






Article 2
The text of Implementing Regulation (EU) 2019/699 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 11 July 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 285, 7.5.2019, p. 70.

(*)  No constitutional requirements indicated.
Case C-210/18: Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Schienen-Control Kommission — Austria) — WESTbahn Management GmbH v ÖBB-Infrastruktur AG (Reference for a preliminary ruling — Transport — Single European Railway Area — Directive 2012/34/EU — Article 3 — Concept of ‘railway infrastructure’ — Annex II — Minimum access — Inclusion of the use of passenger platforms)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: carriage of passengers, railway station, trans-European network, transport infrastructure, transport network








C_2019305EN.01001701.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/17






Judgment of the Court (Eighth Chamber) of 10 July 2019 (request for a preliminary ruling from the Schienen-Control Kommission — Austria) — WESTbahn Management GmbH v ÖBB-Infrastruktur AG
(Case C-210/18) (1)

(Reference for a preliminary ruling - Transport - Single European Railway Area - Directive 2012/34/EU - Article 3 - Concept of ‘railway infrastructure’ - Annex II - Minimum access - Inclusion of the use of passenger platforms)
(2019/C 305/21)
Language of the case: German

Referring court

Schienen-Control Kommission

Parties to the main proceedings


Applicant: WESTbahn Management GmbH

Defendant: ÖBB-Infrastruktur AG

Operative part of the judgment

Annex II to Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a single European railway area must be interpreted as meaning that ‘passenger platforms’, referred to in Annex I to that directive, are an element of the railway infrastructure the use of which is part of the minimum access package, in accordance with point 1(c) of Annex II.


(1)  OJ C 231, 2.7.2018.