do-me/EUR-LEX huggingface dataset:
Case T-183/18: Order of the General Court of 26 September 2019 — VL and Others v Parliament
Date: 2019-09-26
Institutions: General Court
Subjects: damage, damages, indemnification, judicial proceedings, working conditions








C_2019423EN.01007201.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/72






Order of the General Court of 26 September 2019 — VL and Others v Parliament
(Case T-183/18) (1)

(2019/C 423/85)
Language of the case: English
The President of the First Chamber, Extended Composition, has ordered that the case be removed from the register.


(1)  OJ C 166, 14.5.2018.
Case C-63/18: Judgment of the Court (Fifth Chamber) of 26 September 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Italy) — Vitali SpA v Autostrade per l’Italia SpA (Reference for a preliminary ruling — Articles 49 and 56 TFEU — Public procurement — Directive 2014/24/EU — Article 71 — Subcontracting — National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract)
Date: 2019-09-26
Institutions: Court of Justice
Subjects: freedom to provide services, principle of proportionality, right of establishment, services contract, subcontracting, supplies contract, tendering, works contract








C_2019399EN.01001001.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/10






Judgment of the Court (Fifth Chamber) of 26 September 2019 (request for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Italy) — Vitali SpA v Autostrade per l’Italia SpA
(Case C-63/18) (1)

(Reference for a preliminary ruling - Articles 49 and 56 TFEU - Public procurement - Directive 2014/24/EU - Article 71 - Subcontracting - National legislation limiting the possibility of subcontracting to 30 % of the total amount of the contract)
(2019/C 399/10)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per la Lombardia

Parties to the main proceedings


Applicant: Vitali SpA

Defendant: Autostrade per l’Italia SpA

Operative part of the judgment

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, as amended by Commission Delegated Regulation (EU) 2015/2170 of 24 November 2015, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which limits to 30 % the share of the contract which the tenderer is permitted to subcontract to third parties.


(1)  OJ C 166, 14.5.2018
Case C-716/19: Request for a preliminary ruling from the Juzgado de lo Mercantil No 2 de Madrid (Spain) lodged on 26 September 2019 — ZA and Others v Repsol Comercial de Productos Petrolíferos S.A.
Date: 2019-09-26
Institutions: Court of Justice
Subjects: competition law, competition policy, proof, restriction on competition








C_2019423EN.01002601.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/26






Request for a preliminary ruling from the Juzgado de lo Mercantil No 2 de Madrid (Spain) lodged on 26 September 2019 — ZA and Others v Repsol Comercial de Productos Petrolíferos S.A.
(Case C-716/19)
(2019/C 423/32)
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 2 de Madrid

Parties to the main proceedings


Applicants: ZA, AZ, BX, CV, DU, ET

Defendant: Repsol Comercial de Productos Petrolíferos S.A.

Questions referred







1.


Is it possible to conclude, in the light of Regulation (EC) No 1/2003, (1) that the facts as investigated and established in a decision given by a national competition authority of an EU Member State — where that authority acts in accordance with Articles 101 TFEU and 102 TFEU within the remit granted to it pursuant to that regulation, the Notice on the co-operation between the Commission and the courts of the EU Member States, and the Commission Notice on cooperation within the Network of Competition Authorities (OJ 2004 C 101, p. 3) of 27 April 2004 — which is subsequently upheld by a higher court and becomes final, have the probative force of full proof and have a constraining or prejudicial effect on the adjudication by another court in subsequent proceedings relating to the same facts?










2.


If the national competition authority gives a decision on the existence of an infringement in relation to a network of agreements, must it be presumed, in the absence of evidence to the contrary from the infringer, that all the agreements which make up that network are affected by the wording of the decision? In other words, do decisions given in relation to networks of agreements result in the reversal of the burden of proof?






(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty — OJ 2003 L 1, p. 1.
Case T-563/18: Order of the General Court of 26 September 2019 — YP v Commission
Date: 2019-09-26
Institutions: General Court
Subjects: administrative sanction, administrator, disciplinary proceedings, pay scale, promotion, rights of the defence








C_2019423EN.01007301.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/73






Order of the General Court of 26 September 2019 — YP v Commission
(Case T-563/18) (1)

(2019/C 423/87)
Language of the case: French
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 408, 12.11.2018.
Prior notification of a concentration (Case M.9387 — Allied Irish Banks/First Data Corporation/Semeral) (Text with EEA relevance.)
Date: 2019-09-26
Institutions: European Commission
Subjects: economic concentration, electronic commerce, financial services, holding company, merger control, payment system








C_2019322EN.01000601.xml










26.9.2019   


EN


Official Journal of the European Union


C 322/6






Prior notification of a concentration
(Case M.9387 — Allied Irish Banks/First Data Corporation/Semeral)
(Text with EEA relevance)
(2019/C 322/06)

1.   
On 18 September 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:






—


Allied Irish Banks (‘AIB’, Ireland),










—


First Data Corporation (‘FDC’, USA), and










—


Semeral (Ireland).




AIB and FDC acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Semeral.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


AIB is is a financial services group operating predominantly in Ireland,










—


FDC provides e-commerce and payment services to businesses worldwide, and










—


Semeral is the holding company for Payzone Ireland, which operates a multi-channel consumer payments acceptance network in Ireland.






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.9387 — Allied Irish Banks/First Data Corporation/Semeral
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’).
Case T-568/19 R: Order of the President of the General Court of 26 September 2019 — Micreos Food Safety v Commission (Application for interim measures — Bacteriophage — Listeria — ListexTM P100 — Inadmissibility)
Date: 2019-09-26
Institutions: General Court
Subjects: animal product, application of EU law, decontamination, food contamination, food safety, food-borne disease, market approval








C_2020019EN.01005302.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/53






Order of the President of the General Court of 26 September 2019 — Micreos Food Safety v Commission
(Case T-568/19 R)
(Application for interim measures - Bacteriophage - Listeria - ListexTM P100 - Inadmissibility)
(2020/C 19/65)
Language of the case: English

Parties


Applicant: Micreos Food Safety BV (Wageningen, Netherlands) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: B. Eggers, W. Farrell and I. Galindo Martín, Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking the suspension of the alleged decision by the European Commission of 17 June 2019 by which it allegedly prohibited the placing on the market of ListexTM P100 for use as a processing aid on animal derived Ready-To-Eat-Food.

Operative part of the order







1.



The application for interim measures is dismissed.











2.



The costs are reserved
Case T-740/18 R: Order of the President of the General Court of 26 September 2019 — Taminco v Commission (Application for interim measures — Plant protection products — Regulation (EC) No 1107/2009 — Active substance thiram — Conditions of approval for placing on the market — Application for suspension of operation — Lack of urgency)
Date: 2019-09-26
Institutions: General Court
Subjects: animal health, market approval, plant health control, plant health product, seed








C_2020019EN.01005001.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/50






Order of the President of the General Court of 26 September 2019 — Taminco v Commission
(Case T-740/18 R)
(Application for interim measures - Plant protection products - Regulation (EC) No 1107/2009 - Active substance thiram - Conditions of approval for placing on the market - Application for suspension of operation - Lack of urgency)
(2020/C 19/60)
Language of the case: English

Parties


Applicant: Taminco BVBA (Ghent, Belgium) (represented by: C. Mereu and S. Englebert, lawyers)

Defendant: European Commission (represented by: G. Koleva, A. Lewis and I. Naglis, acting as Agents)

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of Commission Implementing Regulation (EU) 2018/1500 of 9 October 2018 concerning the non-renewal of approval of the active substance thiram, and prohibiting the use and sale of seeds treated with plant protection products containing thiram, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (OJ 2018 L 254, p. 1).

Operative part of the order







1.



The application for interim measures is dismissed.











2.



The costs are reserved.
State aid — Decision to raise no objections
Date: 2019-09-26
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, carriage of goods, control of State aid, financial aid, rail transport








C_2019322EN.01000301.xml










26.9.2019   


EN


Official Journal of the European Union


C 322/3






State aid — Decision to raise no objections
(2019/C 322/03)
The EFTA Surveillance Authority raises no objections to the following state aid measure:








Date of adoption of the decision



:


10 July 2019





Case No



:


83860





Decision No



:


056/19/COL





EFTA State



:


Norway





Title (and/or name of the beneficiary)



:


Rail freight support scheme





Legal basis



:


Guidelines of the Norwegian Railway Directorate





Type of measure



:


Scheme





Objective



:


Coordination of transport





Form of aid



:


Direct grant





Budget



:


NOK 235,74 million





Intensity



:


50 %





Duration



:


3 years





Economic sectors



:


Freight rail transport





Name and address of the granting authority



:







The Norwegian Railway Directorate




DFØ Trondheim




Postboks 4746




7468 Trondheim




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/.
Case C-277/19: Order of the President of the Sixth Chamber of the Court of 26 September 2019 (request for a preliminary ruling from the Općinski sud u Zadru — Croatia) — R. D., A. D. v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen
Date: 2019-09-26
Institutions: Court of Justice
Subjects: Austria, Croatia, central bank, consumer credit, consumer protection, contract, cooperative bank, interest, real estate credit, trade licence








C_2020068EN.01004003.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/40






Order of the President of the Sixth Chamber of the Court of 26 September 2019 (request for a preliminary ruling from the Općinski sud u Zadru — Croatia) — R. D., A. D. v Raiffeisenbank St. Stefan-Jagerberg-Wolfsberg eGen
(Case C-277/19) (1)

(2020/C 68/48)
Language of the case: Croatian
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 187, 3.6.2019.
Case T-645/19: Action brought on 26 September 2019 — IMG v Commission
Date: 2019-09-26
Institutions: General Court
Subjects: EU financing, Myanmar/Burma, damages, development aid, enforcement of ruling, financing of aid, general budget (EU), implementation of the budget, indemnification, international organisation








C_2019399EN.01008301.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/83






Action brought on 26 September 2019 — IMG v Commission
(Case T-645/19)
(2019/C 399/101)
Language of the case: French

Parties


Applicant: International Management Group (IMG) (Brussels, Belgium) (represented by: L. Levi and J.-Y. de Cara, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible and well founded;




consequently:






—


annul the Commission Decision of 18 July 2019 establishing measures to comply with the judgment delivered by the Court of Justice on 31 January 2019 in Joined Cases C-183/17 P and C-184/17 P, IMG v Commission (EU:C:2019:78);










—


order the defendant to pay compensation for material and non-material harm;










—


order the defendant to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 266 TFEU, infringement of the principle of res judicata attaching to the judgment of 31 January 2019, International Management Group v Commission (C-183/17 P and C-184/17 P, EU:C:2019:78), infringement of the 2012 Financial Regulation and infringement of the principle of conferral of powers and the principle of legal certainty.
Case T-646/19: Action brought on 26 September 2019 – eSky Group IP v EUIPO – Gröpel (e)
Date: 2019-09-26
Institutions: General Court
Subjects: EU trade mark, package travel, provision of services, registered trade mark, reservation, trade-mark law, travel agency








C_2019383EN.01007801.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/78






Action brought on 26 September 2019 – eSky Group IP v EUIPO – Gröpel (e)
(Case T-646/19)
(2019/C 383/86)
Language of the case: English

Parties


Applicant: eSky Group IP sp. z o.o. (Warsaw, Poland) (represented by: P. Kurcman, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gerhard Gröpel (Straubing, Germany)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for European Union figurative mark e in colours turquoise, white, dark blue, blue and light pink – Application for registration No 16 731 333

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 24 July 2019 in Case R 223/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


annul the decision of Opposition Division of 29 November 2018 adopted in opposition proceedings No B 2 957 168;










—


refer the case back to EUIPO;










—


order EUIPO to pay the costs of the proceedings before the Opposition Division, Board of Appeal and General Court.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case T-644/19: Action brought on 26 September 2019 – Linde Material Handling v EUIPO – Verti Aseguradora (VertiLight)
Date: 2019-09-26
Institutions: General Court
Subjects: EU trade mark, lighting equipment, registered trade mark, signalling device, trade-mark law








C_2019383EN.01007701.xml










11.11.2019   


EN


Official Journal of the European Union


C 383/77






Action brought on 26 September 2019 – Linde Material Handling v EUIPO – Verti Aseguradora (VertiLight)
(Case T-644/19)
(2019/C 383/85)
Language of the case: English

Parties


Applicant: Linde Material Handling GmbH (Aschaffenburg, Germany) (represented by: J. Plate and R. Kaase, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Verti Aseguradora, Compañía de seguros y reaseguros, SA (Madrid, Spain)

Details of the proceedings before EUIPO


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

Trade mark at issue: Application for European Union word mark VertiLight – Application for registration No 16 161 788

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 5 July 2019 in Case R 1849/2018-5

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 Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of the obligation to state reasons, under Article 94(1), first sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of the right to be heard, under Article 94(1), second sentence, of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.9529 — BC Partners/Vista Equity Partners/Advanced Computer Software Group) (Text with EEA relevance) 2019/C 352/07
Date: 2019-09-26
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, information technology industry, investment company, merger control








C_2019352EN.01000701.xml










18.10.2019   


EN


Official Journal of the European Union


C 352/7






Non-opposition to a notified concentration
(Case M.9529 — BC Partners/Vista Equity Partners/Advanced Computer Software Group)
(Text with EEA relevance)
(2019/C 352/07)
On 26 September 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 32019M9529. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Notice of the impending expiry of certain anti-dumping measures
Date: 2019-09-26
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, import (EU), originating product, steel, wire








C_2019322EN.01000501.xml










26.9.2019   


EN


Official Journal of the European Union


C 322/5






Notice of the impending expiry of certain anti-dumping measures
(2019/C 322/05)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped 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 anti-dumping 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 dumping 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, Belgium (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 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





PSC wires and strands (certain pre- and post-stressing wires and strands)


The People’s Republic of China


Anti-dumping duty


Commission Implementing Regulation (EU) 2015/865 of 4 June 2015 imposing a definitive anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009
(OJ L 139, 5.6.2015, p. 12).


6.6.2020






(1)  OJ L 176, 30.6.2016, p. 21.

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

(3)  The measure expires at midnight of the day mentioned in this column.