do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 191/2019 of 10 July 2019 amending Annex XIII (Transport) to the EEA Agreement [2022/2213]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, United States, aircraft, airline, civil aviation, crew, hiring, international transport, revision of an agreement, third country




L_2022298EN.01001301.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/13








            DECISION OF THE EEA JOINT COMMITTEE No 191/2019
of 10 July 2019
         
amending Annex XIII (Transport) to the EEA Agreement [2022/2213]


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)


Regulation (EU) 2019/2 of the European Parliament and of the Council of 11 December 2018 amending Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 64a (Regulation (EC) No 1008/2008 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:

                  ‘, as amended by:






—



32019 R 0002: Regulation (EU) 2019/2 of the European Parliament and of the Council of 11 December 2018 (OJ L 11, 14.1.2019, p. 1).’
                     






Article 2
The text of Regulation (EU) 2019/2 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 11, 14.1.2019, p. 1.

(*)  No constitutional requirements indicated.
Prior notification of a concentration (Case M.9442 — Elliott/Insight/WorkForce) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-07-10
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control, risk management








C_2019232EN.01001001.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/10






Prior notification of a concentration
(Case M.9442 — Elliott/Insight/WorkForce)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 232/09)

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:






—


Elliott Associates, L.P., Elliott International L.P. and Evergreen Coast Capital Corp., controlled by Elliott Management Corporation (together ‘Elliott Group’, U.S.),










—


Insight Venture Management, LLC (‘Insight Group’, U.S.),










—


WorkForce Software, LLC (‘WorkForce’, U.S.).




Elliott Group and Insight Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the whole of WorkForce.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Elliot Group: global investment firm focussed on investment and risk management activities,
—   for Insight Group: global venture capital and private equity firm investing in highgrowth technology and software companies,
—   for WorkForce: provider of cloud workforce management solutions to enterprise and mid-sized organisations.


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.9442 — Elliott/Insight/WorkForce
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.
Prior notification of a concentration (Case M.9371 — DSV/Panalpina Welttransport) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-07-10
Institutions: European Commission
Subjects: air transport, carrier, economic concentration, land transport, logistics, maritime transport, merger control








C_2019232EN.01001101.xml










10.7.2019   


EN


Official Journal of the European Union


C 232/11






Prior notification of a concentration
(Case M.9371 — DSV/Panalpina Welttransport)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 232/10)

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:






—


DSV A/S (‘DSV’, Denmark),










—


Panalpina Welttransport Holding AG (‘Panalpina’, Switzerland).




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


2.   
The business activities of the undertakings concerned are:
—   for DSV: provision of freight forwarding services for land, air and sea freight forwarding and contract logistics services. DSV offers door-to-door freight forwarding services to businesses,
—   for Panalpina: provision of freight forwarding services to businesses and focuses on land, air and sea freight forwarding and contract logistics 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.9371 — DSV/Panalpina Welttransport
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-26/18: Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Hessisches Finanzgericht — Germany) — Federal Express Corporation Deutsche Niederlassung v Hauptzollamt Frankfurt am Main (Reference for a preliminary ruling — Customs Union — Regulation (EEC) No 2913/92 — Articles 202 and 203 — Customs duties on imports — Incurrence of a customs debt due to failure to comply with customs rules — Taxation — Value added tax (VAT) — Directive 2006/112/EC — Article 2(1)(d) and Article 30 — Import VAT — Taxable event — Definition of ‘importation’ of goods — Requirement of entry of the goods into the economic network of the European Union — Transportation of those goods into a Member State other than the Member State in which the customs debt arose)
Date: 2019-07-10
Institutions: Court of Justice
Subjects: VAT, customs debt, customs territory (EU), customs union, import (EU)








C_2019305EN.01001201.xml










9.9.2019   


EN


Official Journal of the European Union


C 305/12






Judgment of the Court (First Chamber) of 10 July 2019 (request for a preliminary ruling from the Hessisches Finanzgericht — Germany) — Federal Express Corporation Deutsche Niederlassung v Hauptzollamt Frankfurt am Main
(Case C-26/18) (1)

(Reference for a preliminary ruling - Customs Union - Regulation (EEC) No 2913/92 - Articles 202 and 203 - Customs duties on imports - Incurrence of a customs debt due to failure to comply with customs rules - Taxation - Value added tax (VAT) - Directive 2006/112/EC - Article 2(1)(d) and Article 30 - Import VAT - Taxable event - Definition of ‘importation’ of goods - Requirement of entry of the goods into the economic network of the European Union - Transportation of those goods into a Member State other than the Member State in which the customs debt arose)
(2019/C 305/14)
Language of the case: German

Referring court

Hessisches Finanzgericht

Parties to the main proceedings


Applicant: Federal Express Corporation Deutsche Niederlassung

Defendant: Hauptzollamt Frankfurt am Main

Operative part of the judgment

Article 2(1)(d) and Article 30 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, when goods are introduced into the territory of the European Union, it is not sufficient that those goods were the subject of a failure to comply with customs rules in a given Member State, which in that Member State gave rise to a customs debt on importation, in order to find that those goods entered into the economic network of the European Union in that Member State, where is it is established that those goods were transported into another Member State, their final destination, where they were consumed, the import VAT relating to those goods then arising only in that other Member State.


(1)  OJ C 152, 30.4.2018.
Decision of the EEA Joint Committee No 203/2019 of 10 July 2019 amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2225]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, commitment of expenditure, financial services, general budget (EU), protocol to an agreement, revision of an agreement, single market




L_2022298EN.01004101.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/41








            DECISION OF THE EEA JOINT COMMITTEE No 203/2019
of 10 July 2019
         
amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2022/2225]


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 implementation and development of the single market for financial services.












(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 11 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.
Case T-500/19: Action brought on 10 July 2019 — Coravin v EUIPO — Cora (CORAVIN)
Date: 2019-07-10
Institutions: General Court
Subjects: EU trade mark, household article, registered trade mark, trade-mark law, wine








C_2019288EN.01006501.xml










26.8.2019   


EN


Official Journal of the European Union


C 288/65






Action brought on 10 July 2019 — Coravin v EUIPO — Cora (CORAVIN)
(Case T-500/19)
(2019/C 288/80)
Language in which the application was lodged: French

Parties


Applicant: Coravin, Inc. (Wilmington, Delaware, United States) (represented by: F. Valentin, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Cora (Marne-la-Vallée, France)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: EU word mark CORAVIN– EU trade mark No 11 363 496

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the First Board of Appeal of EUIPO of 12 April 2019 in Case R 2385/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


by way of correction, dismiss in its entirety the action for a declaration of invalidity brought by the company Cora on 25 November 2014;










—


consequently, maintain the mark CORAVIN No 11 363 496 in its entirety as regards the description of the goods covered in Class 21, namely ‘Wine pourers; wine access devices; wine preservation systems; household or kitchen utensils and containers, all for use with wine’;










—


order EUIPO to pay the costs.





Plea in law

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Decision of the EEA Joint Committee No 185/2019 of 10 July 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2209]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, carcinogenic substance, consumer protection, food contamination, food inspection, food safety, foodstuff, organic chemical, public health, revision of an agreement




L_2022298EN.01000501.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/5








            DECISION OF THE EEA JOINT COMMITTEE No 185/2019
of 10 July 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2022/2209]


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 Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 162 (Commission Implementing Regulation (EU) 2019/506) of Chapter XII of Annex II to the EEA Agreement:






‘163.



32017 R 2158: Commission Regulation (EU) 2017/2158 of 20 November 2017 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food (OJ L 304, 21.11.2017, p. 24).’






Article 2
The text of Regulation (EU) 2017/2158 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 304, 21.11.2017, p. 24.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 196/2019 of 10 July 2019 amending Annex XX (Environment) to the EEA Agreement [2022/2218]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, approval, environmental standard, greenhouse gas, motor vehicle, motor vehicle pollution, reduction of gas emissions, revision of an agreement, technical specification, technical standard




L_2022298EN.01001801.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/18








            DECISION OF THE EEA JOINT COMMITTEE No 196/2019
of 10 July 2019
         
amending Annex XX (Environment) to the EEA Agreement [2022/2218]


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) 2018/1002 of 16 July 2018 amending Implementing Regulation (EU) 2017/1153 to clarify and simplify the correlation procedure and to adapt it to changes to Regulation (EU) 2017/1151 (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 21aez (Commission Implementing Regulation (EU) 2017/1153) of Annex XX to the EEA Agreement:






‘—



32018 R 1002: Commission Implementing Regulation (EU) 2018/1002 of 16 July 2018 (OJ L 180, 17.7.2018, p. 10).’






Article 2
The text of Implementing Regulation (EU) 2018/1002 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 180, 17.7.2018, p. 10.

(*)  No constitutional requirements indicated.
Decision (EU, Euratom) 2019/1200 of the Representatives of the Governments of the Member States of 10 July 2019 appointing Judges to the General Court
Date: 2019-07-10
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, member of the Court of Justice (EU)








L_2019189EN.01006901.xml










15.7.2019   


EN


Official Journal of the European Union


L 189/69








            DECISION (EU, Euratom) 2019/1200 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 10 July 2019
         
appointing Judges to the General Court


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Whereas:







(1)


The term of office of 23 Judges of the General Court will expire on 31 August 2019.












(2)


Appointments should therefore be made in order to fill to those posts for the period from 1 September 2019 to 31 August 2025.












(3)


Mr Roberto MASTROIANNI and Ms Ornella PORCHIA have been nominated for a first term as Judges of the General Court to replace Mr Guido BERARDIS and Mr Ezio PERILLO, respectively.












(4)


The panel set up under Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of these candidates to perform the duties of Judge of the General Court.












(5)


It is therefore appropriate to appoint Mr Roberto MASTROIANNI to replace Mr Guido BERARDIS and Ms Ornella PORCHIA to replace Mr Ezio PERILLO for a first term as Judges of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
The following are hereby appointed Judges to the General Court for the period from 1 September 2019 to 31 August 2025:






—


Mr Roberto MASTROIANNI,










—


Ms Ornella PORCHIA.






Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 10 July 2019.


The President

M. RISLAKKI
Decision of the EEA Joint Committee No 194/2019 of 10 July 2019 amending Annex XX (Environment) to the EEA Agreement [2022/2216]
Date: 2019-07-10
Institutions: EEA Joint Committee
Subjects: European Economic Area, energy saving, motor car, motor vehicle, non-polluting vehicle, reduction of gas emissions, revision of an agreement




L_2022298EN.01001601.xml










17.11.2022   


EN


Official Journal of the European Union


L 298/16








            DECISION OF THE EEA JOINT COMMITTEE No 194/2019
of 10 July 2019
         
amending Annex XX (Environment) to the EEA Agreement [2022/2216]


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 Delegated Regulation (EU) 2019/248 of 13 November 2018 correcting Regulation (EU) No 63/2011 laying down detailed provisions for the application for a derogation from the specific CO2 emission targets pursuant to Article 11 of Regulation (EC) No 443/2009 of the European Parliament and of the Council (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 21aea (Commission Regulation (EU) No 63/2011) of Annex XX to the EEA Agreement:

                  ‘, as amended by:






—



32019 R 0248: Commission Delegated Regulation (EU) 2019/248 of 13 November 2018 (OJ L 42, 13.2.2019, p. 5).’
                     






Article 2
The text of Delegated Regulation (EU) 2019/248 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 42, 13.2.2019, p. 5.

(*)  No constitutional requirements indicated.