do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9497 — Crédit Agricole/Abanca/JV) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 342/10
Date: 2019-10-10
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, financial services, insurance, investment company, merger control, property market








C_2019342EN.01003301.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/33






Prior notification of a concentration
(Case M.9497 — Crédit Agricole/Abanca/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 342/10)

1.   
On 3 October 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:






—


Crédit Agricole Assurances S.A. (France), controlled by Crédit Agricole S.A. (‘Crédit Agricole’, France),










—


Abanca Division Inmobiliaria S.A. (Spain), controlled by Abanca Corporación Bancaria S.A. (‘Abanca’, Spain),










—


Abanca Generales Seguros y Reaseguros S.A. (‘AGSR’, Spain) currently solely controlled by Abanca Division Inmobiliaria.




CAA and Abanca acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of AGSR.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Crédit Agricole is active in the banking, insurance and real estate sectors,










—


Abanca is active in the retail banking, consumer finance, asset management, and insurances sectors, primarily in Spain,










—


AGSR will offer non-life insurance products in Spain and Portugal.






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.9497 — Crédit Agricole/Abanca/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.
Commission communication in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (Publication of titles and references of European standards under the directive) (Text with EEA relevance) 2019/C 342/06
Date: 2019-10-10
Institutions: European Commission
Subjects: European standard, harmonisation of standards, product safety, safety standard, technical standard








C_2019342EN.01000601.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/6






Commission communication in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety


(Publication of titles and references of European standards under the directive)


(Text with EEA relevance)
(2019/C 342/06)
Commission Communication 2017/C267/03 in the framework of the implementation of the Directive 2001/95/EC of the European Parliament and of the Council on general product safety (1) is superseded by Commission Implementing Decision (EU) 2019/1698 (2).
In the interests of clarity, a complete list of titles and references of European standards drafted in support of Directive 2001/95/EC of the European Parliament and of the Council (3) and satisfying the requirements they aim to cover should be published in one act.
Therefore, from the date of entry into force of the Implementing Decision (EU) 2019/1698, the European Commission ensures the updating of this list on the basis of future implementing decisions published in the OJ series L instead of series C.


(1)  OJ C 267, 11.8.2017, p. 7.

(2)  OJ L 259, 10.10.2019, p. 65.

(3)  OJ L 11, 15.1.2002, p. 4.
Case T-372/18: Judgment of the General Court of 10 October 2019 — Colombani v EEAS (Civil service — Officials — Promotion — 2017 promotion year — Decision not to promote the applicant to Grade AD 14 — Article 43 and Article 45(1) of the Staff Regulations — Consideration of comparative merits — Taking into account staff reports for the purpose of promotion — Purely literal assessments — No method enabling staff reports to be compared for the purpose of promotion)
Date: 2019-10-10
Institutions: General Court
Subjects: administrator, pay scale, promotion, staff assessment








C_2019423EN.01003801.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/38






Judgment of the General Court of 10 October 2019 — Colombani v EEAS
(Case T-372/18) (1)

(Civil service - Officials - Promotion - 2017 promotion year - Decision not to promote the applicant to Grade AD 14 - Article 43 and Article 45(1) of the Staff Regulations - Consideration of comparative merits - Taking into account staff reports for the purpose of promotion - Purely literal assessments - No method enabling staff reports to be compared for the purpose of promotion)
(2019/C 423/46)
Language of the case: French

Parties


Applicant: Jean-Marc Colombani (Brussels, Belgium) (represented by: N. de Montigny, lawyer)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents, and M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application under Article 270 TFEU for annulment of the decision of the EEAS of 9 November 2017 (ADMIN(2017) 21) not to promote the applicant to Grade AD 14 in the 2017 promotion exercise.

Operative part of the judgment

The Court:






1.



Annuls the decision of the European External Action Service (EEAS) of 9 November 2017 (ADMIN(2017) 21) not to promote Mr Jean-Marc Colombani to Grade AD 14 in the 2017 promotion exercise;











2.



Orders the EEAS to pay the costs.







(1)  OJ C 319, 10.9.2018.
Case T-453/18: Judgment of the General Court of 10 October 2019 — Biasotto v EUIPO — Oofos (OOF) (EU trade mark — Opposition proceedings — Application for EU figurative mark OOF — Earlier EU word mark OOFOS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-10-10
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, registered trade mark, trade-mark law








C_2019423EN.01004001.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/40






Judgment of the General Court of 10 October 2019 — Biasotto v EUIPO — Oofos (OOF)
(Case T-453/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark OOF - Earlier EU word mark OOFOS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 423/49)
Language of the case: English

Parties


Applicant: Alessandro Biasotto (Treviso, Italy) (represented by F. Le Divelec Lemmi, R. Castiglioni and E. Cammareri, lawyers)

Defendant: European Union Intellectual Property Office (represented by E. Markakis and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Oofos, Inc. (Reno, Nevada, United States) (represented by J. Klink, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 10 May 2018 (Case R 1270/2017-2), relating to opposition proceedings between Oofos and Mr Biasotto.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Mr Alessandro Biasotto to pay the costs.







(1)  OJ C 352, 1.10.2018.
Prior notification of a concentration (Case M.9563 — PIC/SKC/SKCCD) Candidate case for simplified procedure (Text with EEA relevance) 2019/C 342/11
Date: 2019-10-10
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, merger control, petrochemicals








C_2019342EN.01003501.xml










10.10.2019   


EN


Official Journal of the European Union


C 342/35






Prior notification of a concentration
(Case M.9563 — PIC/SKC/SKCCD)
Candidate case for simplified procedure
(Text with EEA relevance)
(2019/C 342/11)

1.   
On 2 October 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:






—


Petrochemical Industries Company K.S.C. (‘PIC’, Kuwait), controlled by Kuwait Petroleum Corporation (Kuwait),










—


SKC Co., Ltd (‘SKC’, South Korea), controlled by SK Holdings Co., Ltd (South Korea).




PIC and SKC acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of a newly created company constituting a joint venture (the ‘JV’).
The concentration is accomplished by way of purchase of shares and contribution of assets.


2.   
The business activities of the undertakings concerned are:






—


PIC is a global manufacturer and marketer of petrochemicals based in Kuwait,










—


SKC is a Korean chemical company listed on the Korean Stock Exchange and is active in chemicals, films and others (Semiconductor & Benzen Hexachloride material),










—


the JV will comprise SKC’s current Chemicals business and will manufacture, market and sell chemicals, primarily propylene oxide, propylene glycol, propylene glycol ether, and styrene monomer.






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.9563 — PIC/SKC/SKCCD
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 T-335/17: Judgment of the General Court of 10 October 2019 — Help — Hilfe zur Selbsthilfe v Commission (Arbitration clause — Food security programme for very food insecure farming households in Zimbabwe (ECHO/ZWE/BUD/2009/02002) — Reclassification of the action — Audit reports — Audit report of the Court of Auditors — OLAF Report — Reimbursement of the sums paid — Proportionality — Legitimate expectations)
Date: 2019-10-10
Institutions: General Court
Subjects: EU financing, Zimbabwe, agricultural product, financial aid, humanitarian aid, principle of proportionality, reimbursement of aid, supplies contract, tendering








C_2019432EN.01003701.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/37






Judgment of the General Court of 10 October 2019 — Help — Hilfe zur Selbsthilfe v Commission
(Case T-335/17) (1)

(Arbitration clause - Food security programme for very food insecure farming households in Zimbabwe (ECHO/ZWE/BUD/2009/02002) - Reclassification of the action - Audit reports - Audit report of the Court of Auditors - OLAF Report - Reimbursement of the sums paid - Proportionality - Legitimate expectations)
(2019/C 432/41)
Language of the case: German

Parties


Applicant: Help — Hilfe zur Selbsthilfe (Bonn, Germany) (represented initially by V. Jungkind and P. Cramer, and subsequently by V. Jungkind and F. Geber, lawyers)

Defendant: European Commission (represented by A. Aresu, K. Blanck and A. Katsimerou, acting as Agents)

Re:

First, application under Article 263 TFEU seeking annulment of Commission decision Ares(2017)1515573 of 21 March 2017 by which a partial amount of the funding for the assistance project ECHO/ZWE/BUD/2009/02002 was to be recovered, as well as the payment request based thereupon and, second, application under Article 272 TFEU seeking an order that the Commission reimburse the sum of EUR 643 627,72 paid by the applicant to the Commission, in accordance with the decision of 21 March 2017 and the payment requests of 7 April and 5 September 2017.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Help — Hilfe zur Selbsthilfe to pay the costs.







(1)  OJ C 239, 24.7.2017.
Case T-2/19: Order of the General Court of 10 October 2019 — Algebris (UK) v Anchorage Capital Group v SRB (Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex post definitive valuation of Banco Popular Español — Lack of direct concern — Inadmissibility)
Date: 2019-10-10
Institutions: General Court
Subjects: EU banking union, Spain, aid for restructuring, bank, company in difficulties, credit institution, economic value, financial solvency








C_2019423EN.01005601.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/56






Order of the General Court of 10 October 2019 — Algebris (UK) v Anchorage Capital Group v SRB
(Case T-2/19) (1)

(Action for annulment - Economic and monetary policy - Single resolution mechanism for credit institutions and certain investment firms - Resolution scheme in respect of Banco Popular Español - No ex post definitive valuation of Banco Popular Español - Lack of direct concern - Inadmissibility)
(2019/C 423/71)
Language of the case: English

Parties


Applicant: Algebris (UK) Ltd (London, United Kingdom) and Anchorage Capital Group LLC (New York, New York, United States) (represented by: T. Soames, lawyer, R. East, Solicitor, N. Chesaites and D. Mackersie, Barristers)

Defendant: Single Resolution Board (SRB) (represented by: A. Valavanidou, I. Georgiopoulos and E. Muratori, acting as Agents, and by H.-G. Kamann, F. Louis, V. Del Pozo Espinosa De Los Monteros, G. Barthet and C. Schwedler, lawyers)

Re:

Application under Article 263 TFEU for the annulment of the ‘decision of the SRB, notified to the applicants on 18 December 2018, not to proceed with an ex post definitive valuation of Banco Popular Español, SA’.

Operative part of the order







1.



The action is dismissed as being inadmissible.











2.



Algebris (UK) Ltd and Anchorage Capital Group LLC shall pay the costs.







(1)  OJ C 82, 4.3.2019.
European Parliament legislative resolution of 10 October 2019 on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Serbia (10334/2019 — C9-0041/2019 — 2019/0807(CNS))
Date: 2019-10-10
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Foreign Affairs, Committee on Legal Affairs, European Parliament
Subjects: Eurojust, Serbia, cooperation agreement (EU), judicial cooperation, ratification of an agreement








C_2021202EN.01009101.xml










28.5.2021   


EN


Official Journal of the European Union


C 202/91






P9_TA(2019)0023
Eurojust and Serbia Cooperation Agreement *
European Parliament legislative resolution of 10 October 2019 on the draft Council implementing decision approving the conclusion by Eurojust of the Agreement on Cooperation between Eurojust and Serbia (10334/2019 — C9-0041/2019 — 2019/0807(CNS))
(Consultation)
(2021/C 202/19)

The European Parliament,






—


having regard to the Council draft (10334/2019),










—


having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C9-0041/2019),










—


having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (1), and in particular Article 26a(2) thereof,










—


having regard to Rule 82 of its Rules of Procedure,










—


having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0009/2019),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ L 63, 6.3.2002, p. 1.
Case C-744/19: Action brought on 10 October 2019 — European Commission v Italian Republic
Date: 2019-10-10
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, health risk, infringement procedure (EU), ionising radiation, national implementing measure, occupational safety, radiation protection, safety standard








C_2019399EN.01003601.xml










25.11.2019   


EN


Official Journal of the European Union


C 399/36






Action brought on 10 October 2019 — European Commission v Italian Republic
(Case C-744/19)
(2019/C 399/42)
Language of the case: Italian

Parties


Applicant: European Commission (represented by: R. Tricot, G. Gattinara, acting as Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:






1)


declare that






—


by not adopting the laws, regulations and administrative provisions necessary to comply fully with Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom, (1)











—


and by not communicating such provisions to the Commission,










—


the Italian Republic has failed to meet its obligations under Article 106 of that directive;














2)


order the Italian Republic to pay the costs of the proceedings.





Pleas in law and main arguments

By its sole plea in law, the Commission claims that, by not adopting and not communicating to the Commission the laws, regulations and administrative provisions necessary to comply fully with Council Directive 2013/59, the Italian Republic has failed to meet its obligations under Article 106 of the directive.


(1)  OJ 2014 L 13, p. 1.
Case T-599/18: Order of the General Court of 10 October 2019 — Aeris Invest v SRB (Action for annulment — Economic and monetary policy — Single resolution mechanism for credit institutions and certain investment firms — Resolution scheme in respect of Banco Popular Español — No ex-post definitive valuation of Banco Popular Español — Act not open to challenge — Inadmissibility)
Date: 2019-10-10
Institutions: General Court
Subjects: EU banking union, Spain, aid for restructuring, bank, company in difficulties, credit institution, economic value, financial solvency








C_2019423EN.01005301.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/53






Order of the General Court of 10 October 2019 — Aeris Invest v SRB
(Case T-599/18) (1)

(Action for annulment - Economic and monetary policy - Single resolution mechanism for credit institutions and certain investment firms - Resolution scheme in respect of Banco Popular Español - No ex-post definitive valuation of Banco Popular Español - Act not open to challenge - Inadmissibility)
(2019/C 423/67)
Language of the case: French

Parties


Applicant: Aeris Invest Sàrl (Luxembourg, Luxembourg) (represented by: R. Vallina Hoset, P. Medina Sánchez and A. Sellés Marco, lawyers)

Defendant: Single Resolution Board (represented by: A. Valavanidou, I. Georgiopoulos and E. Muratori, acting as Agents, and B. Meyring, S. Schelo, F. Málaga Diéguez, F. Fernández de Trocóniz Robles, T. Klupsch, M. Bettermann, S. Ianc and M. Rickert, lawyers)

Re:

Application under Article 263 TFEU for annulment of the ‘decision of the SRB, notified to the applicant by letter of 14 September 2018, not to carry out an ex-post definitive valuation of Banco Popular Español, SA’.

Operative part of the order

The Court orders:






1.



The action is dismissed as inadmissible.











2.



Aeris Invest Sàrl shall pay the costs.







(1)  OJ C 427, 26.11.2018.
Case T-700/18: Judgment of the General Court of 10 October 2019 — Kalypso Media Group v EUIPO — Wizards of the Coast (DUNGEONS) (EU trade mark — Opposition proceedings — Application for EU word mark DUNGEONS — Earlier EU word mark DUNGEONS & DRAGONS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-10-10
Institutions: General Court
Subjects: EU trade mark, computer system, online game, publishing, recording, registered trade mark, software, toy industry, trade-mark law








C_2019423EN.01004801.xml










16.12.2019   


EN


Official Journal of the European Union


C 423/48






Judgment of the General Court of 10 October 2019 — Kalypso Media Group v EUIPO — Wizards of the Coast (DUNGEONS)
(Case T-700/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark DUNGEONS - Earlier EU word mark DUNGEONS & DRAGONS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 423/60)
Language of the case: English

Parties


Applicant: Kalypso Media Group GmbH (Worms, Germany) (represented by: T. Boddien, lawyer)

Defendant: European Union Intellectual Property Office (represented by: G. Sakalaité-Orlovskiené, A. Folliard-Monguiral and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Wizards of the Coast LLC (Pawtucket, Rhode Island, United States)

Re:

Action against the decision of the Fourth Board of Appeal of EUIPO of 21 September 2018 (Case R 599/2018-4) relating to opposition proceedings between Wizards of the Coast and Kalypso Media Group.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders each party to bear its own costs.







(1)  OJ C 25, 21.1.2019.