do-me/EUR-LEX huggingface dataset:
Case C-608/19: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 12 August 2019 — Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL) v Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.
Date: 2019-08-12
Institutions: Court of Justice
Subjects: State aid, aid to undertakings, control of State aid, financial aid








C_2019357EN.01002501.xml










21.10.2019   


EN


Official Journal of the European Union


C 357/25






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 12 August 2019 — Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL) v Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.
(Case C-608/19)
(2019/C 357/31)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Istituto nazionale per l’assicurazione contro gli infortuni sul lavoro (INAIL)

Respondent: Zennaro Giuseppe Legnami Sas di Zennaro Mauro & C.

Question referred

Must the rules on the grant of aid laid down in Articles 3 and 6 of Regulation No 1407/2013 (1) be interpreted as meaning that it is possible for an applicant undertaking, which finds itself exceeding the maximum permissible ceiling on account of the cumulation with previous financial assistance, to opt — up to the actual payment of the financial assistance applied for — to reduce the funding (by amending or varying the project) or to forgo (in full or in part) previous financial assistance, possibly already received, in order to fall below the maximum limit payable; and must those provisions be interpreted as meaning that the various options proposed (variation or forgoing) apply even if they are not expressly provided for in the national legislation and/or in the public notice relating to the grant of aid?


(1)  Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ 2013 L 352, p. 1).
Prior notification of a concentration (Case M.9498 — Sumitomo/TTA/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-08-12
Institutions: European Commission
Subjects: coal industry, economic concentration, investment company, merger control








C_2019269EN.01000601.xml










12.8.2019   


EN


Official Journal of the European Union


C 269/6






Prior notification of a concentration
(Case M.9498 — Sumitomo/TTA/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 269/05)

1.   
On 5 August 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:






—


Sumitomo Corporation (‘SC’, Japan)










—


PT Tuah Turangga Agung (‘TTA’, Indonesia), ultimately controlled by Jardine Matheson Holdings Limited (China),










—


The joint venture company (‘JV’, Singapore).




SC and TTA acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the JV.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:
—   for SC: integrated trading and investment activities, in particular trading of metal products, transportation and construction of systems, environment and infrastructure, chemicals and electronics, media, networks and lifestyle related goods, mineral resources, energy and life sciences, in Japan and around the world,
—   for TTA: mining and trading of coal, in Asia,
—   for the JV: trading of thermal coal, predominantly in Asia.


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.9498 — Sumitomo/TTA/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.
Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2019-08-12
Institutions: Netherlands
Subjects: Netherlands, continental shelf, extraction of oil, hydrocarbon, petroleum exploration, public contract, security of supply








C_2019269EN.01000301.xml










12.8.2019   


EN


Official Journal of the European Union


C 269/3






Communication from the Minister for Economic Affairs and Climate Policy of the Kingdom of the Netherlands pursuant to Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
(2019/C 269/03)
The Minister for Economic Affairs and Climate Policy hereby gives notice that an application has been received for authorisation to prospect for hydrocarbons in block F14 as indicated on the map appended as Annex 3 to the Mining Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2014, No 4928).
With reference to the Directive referred to in the preamble and Article 15 of the Mining Act (Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs and Climate Policy hereby invites interested parties to submit a competing application for authorisation to prospect for hydrocarbons in block F14 of the Dutch continental shelf.
The Minister for Economic Affairs and Climate Policy is the competent authority for the granting of authorisations. The criteria, conditions and requirements referred to in Articles 5(1) and (2) and 6(2) of the above-mentioned Directive are set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).
Applications may be submitted during the 13 weeks following the publication of this notice in the Official Journal of the European Union and should be sent to:





The Minister for Economic Affairs and Climate Policy




attn.: Mr J.L. Rosch, Heat and Underground Resources Directorate




Email: mijnbouwaanvragen@minezk.nl




Applications received after the expiry of this period will not be considered.
A decision on the application will in principle be taken not later than 12 months after this period has expired.
Further information can be obtained by calling Ms I.V.M. Damhuis on the following telephone number: +31 703796011.
Case C-607/19: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 12 August 2019 — Husqvarna AB v Lidl E-Commerce International GmbH & Co. KG
Date: 2019-08-12
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2020027EN.01001102.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/11






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 12 August 2019 — Husqvarna AB v Lidl E-Commerce International GmbH & Co. KG
(Case C-607/19)
(2020/C 27/15)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Husqvarna AB

Defendant: Lidl E-Commerce International GmbH & Co. KG

Questions referred







1.


In the case of a counterclaim seeking a declaration that an EU trade mark has lapsed, which was filed prior to the expiry of the period of five years of non-use, is the establishment of the date which is decisive for the calculation of the period of non-use in the context of the application of Article 51(1)(a) CTMR (1) and Article 58(1)(a) EUTMR (2) covered by the provisions of the Community Trade Mark Regulation and the European Union Trade Mark Regulation?










2.


If Question 1 is to be answered in the affirmative: In the calculation of the period of five years of non-use pursuant to Article 51(1)(a) CTMR and Article 58(1)(a) EUTMR in the case of a counterclaim, filed prior to expiry of the period of five years of non-use, for a declaration that an EU trade mark has lapsed, is account to be taken of the date of filing of the counterclaim or of the date of the last hearing in the appeal on the merits?






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

(2)  Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ 2017 L 154, p. 1).
Prior notification of a concentration (Case M.9493 — Triton/Aleris) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2019-08-12
Institutions: European Commission
Subjects: economic concentration, health care, investment company, merger control








C_2019269EN.01000401.xml










12.8.2019   


EN


Official Journal of the European Union


C 269/4






Prior notification of a concentration
(Case M.9493 — Triton/Aleris)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 269/04)

1.   
On 5 August 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:






—


Triton Managers V Limited (Jersey) and Triton Fund V GP S.à.r.l. (Luxembourg), belonging to the Triton group of managed funds (‘Triton’, Luxembourg),










—


Aleris Healthcare AB and Aleris Imaging AB (together ‘Aleris’, Sweden).




Triton acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Aleris.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Triton: an investment firm that invests primarily in German-speaking countries, the Nordic countries, the Benelux region, France, Italy, Spain and the United Kingdom,
—   for Aleris: a Scandinavian private provider of specialty healthcare with a versatile offering of specialist care and diagnostic 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.9493 — Triton/Aleris
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.
Euro exchange rates
Date: 2019-08-12
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019269EN.01000201.xml










12.8.2019   


EN


Official Journal of the European Union


C 269/2






Euro exchange rates (1)

9 August 2019
(2019/C 269/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1198 




JPY


Japanese yen


118,51 




DKK


Danish krone


7,4631 




GBP


Pound sterling


0,92820 




SEK


Swedish krona


10,6972 




CHF


Swiss franc


1,0897 




ISK


Iceland króna


137,30 




NOK


Norwegian krone


9,9588 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,828 




HUF


Hungarian forint


324,78 




PLN


Polish zloty


4,3191 




RON


Romanian leu


4,7264 




TRY


Turkish lira


6,1452 




AUD


Australian dollar


1,6452 




CAD


Canadian dollar


1,4796 




HKD


Hong Kong dollar


8,7790 




NZD


New Zealand dollar


1,7254 




SGD


Singapore dollar


1,5481 




KRW


South Korean won


1 356,25 




ZAR


South African rand


17,0060 




CNY


Chinese yuan renminbi


7,9039 




HRK


Croatian kuna


7,3915 




IDR


Indonesian rupiah


15 889,96 




MYR


Malaysian ringgit


4,6858 




PHP


Philippine peso


58,207 




RUB


Russian rouble


73,2133 




THB


Thai baht


34,400 




BRL


Brazilian real


4,3994 




MXN


Mexican peso


21,7803 




INR


Indian rupee


79,2935 






(1)  Source: reference exchange rate published by the ECB.
Case T-559/19: Action brought on 12 August 2019 — Julius Sämann v EUIPO — Maharishi Vedic University (Representation of a tree)
Date: 2019-08-12
Institutions: General Court
Subjects: EU trade mark, cosmetic product, essential oil, registered trade mark, trade-mark law








C_2019328EN.01007202.xml










30.9.2019   


EN


Official Journal of the European Union


C 328/72






Action brought on 12 August 2019 — Julius Sämann v EUIPO — Maharishi Vedic University (Representation of a tree)
(Case T-559/19)
(2019/C 328/80)
Language of the case: English

Parties


Applicant: Julius Sämann Ltd (Thayngen, Switzerland) (represented by: D. Parrish, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Maharishi Vedic University Ltd (Mgarr, Malta)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union figurative mark in colours white, brown, yellow and shades of blue (Representation of a tree) — Application for registration No 15 666 639

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 16 May 2019 in Case R 1743/2018-1

Form of order sought

The applicant claims that the Court should:






—


uphold the applicant’s application;










—


annul the contested decision;










—


order EUIPO to pay the applicant’s costs of this application and the proceedings before the Office.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-606/19: Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 12 August 2019 — Flightright GmbH v IBERIA LAE SA Operadora Unipersonal
Date: 2019-08-12
Institutions: Court of Justice
Subjects: air transport, carrier, indemnification, judicial cooperation in civil matters in the EU, jurisdiction, reservation, traveller








C_2020103EN.01000702.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/7






Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 12 August 2019 — Flightright GmbH v IBERIA LAE SA Operadora Unipersonal
(Case C-606/19)
(2020/C 103/09)
Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings


Applicant: Flightright GmbH

Defendant: IBERIA LAE SA Operadora Unipersonal
By order of 13 February 2020, the Court of Justice of the European Union (Sixth Chamber) ruled that the second indent of Article 7(1)(b) of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) must be interpreted as meaning that the ‘place of performance’, within the meaning of that provision, in respect of a flight consisting of a confirmed single booking for the entire journey and divided into several legs, can be the place of departure of the first leg of the journey where transport on those legs of the journey is performed by two separate air carriers and the claim for compensation brought on the basis of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, (2) arises from the cancellation of the final leg of the journey and is brought against the air carrier in charge of that last leg.


(1)  OJ 2012 L 351, p. 1.

(2)  OJ 2004 L 46, p. 1.
Non-opposition to a notified concentration (Case M.9441 — EDF/Energy2Market) (Text with EEA relevance.)
Date: 2019-08-12
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, electricity supply, energy industry, energy production, gas industry, merger control, power plant, renewable energy, waste recycling








C_2019281EN.01000101.xml










20.8.2019   


EN


Official Journal of the European Union


C 281/1






Non-opposition to a notified concentration
(Case M.9441 — EDF/Energy2Market)
(Text with EEA relevance)
(2019/C 281/01)
On 12 August 2019, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9441. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.