do-me/EUR-LEX huggingface dataset:
List of trusts and similar legal arrangements governed under the law of the Member States as notified to the Commission 2019/C 360/05
Date: 2019-10-24
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: banking supervision, disclosure of information, economic offence, financial institution, money laundering, terrorism financing, trust company




C_2019360EN.01002801.xml










24.10.2019   


EN


Official Journal of the European Union


C 360/28






List of trusts and similar legal arrangements governed under the law of the Member States as notified to the Commission
(2019/C 360/05)
The present consolidated list is published by the European Commission in accordance with Article 31(10) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (1), amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC, as amended. The list is based exclusively on the trusts or similar legal arrangements notified by Member States by 10 September 2019.






Member State


Trust or similar legal arrangement notified




Belgium


Fideï-commis de residuo




Bulgaria


None




Czechia


Svěřenský fond




Denmark


None




Germany


No notification




Estonia


None




Ireland








(a)


Express trusts










(b)


Statutory trusts










(c)


Trusts imposed or arising by operation of law








Greece


None




Spain


No notification




France


Fiducies




Croatia


None




Italy (*1)









(a)


Mandato fiduciario










(b)


Vincolo di destinazione








Cyprus (*1)









(a)


Εμπιστεύματα










(b)


Διεθνή εμπιστεύματα








Latvia


None




Lithuania


None




Luxembourg








(a)


Trusts










(b)


Contrats fiduciaires








Hungary


Vagyonkezelő alapítvány




Malta








(a)


Trusts










(b)


Foundations








Netherlands (*1)



Fonds




Austria


No notification




Poland


None




Portugal


No notification




Romania


Fiducia




Slovenia


None




Slovakia


None




Finland


None




Sweden


None




United Kingdom


No notification






(1)  OJ L 141, 5.6.2015, p. 73.

(*1)  Trusts are recognised based on provisions of the Hague Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition developed by the Hague Conference on Private International Law.
Non-opposition to a notified concentration (Case M.9544 — Brookfield/Johnson Controls Autobatterie) (Text with EEA relevance) 2019/C 375/02
Date: 2019-10-24
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electricity storage device, investment company, merger control, motor vehicle industry








C_2019375EN.01001201.xml










6.11.2019   


EN


Official Journal of the European Union


C 375/12






Non-opposition to a notified concentration
(Case M.9544 — Brookfield/Johnson Controls Autobatterie)
(Text with EEA relevance)
(2019/C 375/02)
On 24 October 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 32019M9544. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-790/19: Request for a preliminary ruling from the Curtea de Apel Brașov (Romania) lodged on 24 October 2019 — Criminal proceedings against LG, MH
Date: 2019-10-24
Institutions: Court of Justice
Subjects: money laundering, offence








C_2020054EN.01002801.xml










17.2.2020   


EN


Official Journal of the European Union


C 54/28






Request for a preliminary ruling from the Curtea de Apel Brașov (Romania) lodged on 24 October 2019 — Criminal proceedings against LG, MH
(Case C-790/19)
(2020/C 54/29)
Language of the case: Romanian

Referring court

Curtea de Apel Brașov

Parties to the main proceedings

LG, MH

Question referred

Must Article 1(3)(a) of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (1) be interpreted as meaning that the person who commits the act which constitutes the offence of money laundering must always be a person other than the person who commits the predicate offence (the alleged offence from which is derived the money that is laundered)?


(1)  OJ 2015 L 141, p. 73.
Air quality in cities : an urban challenge.
Date: 2019-10-24
Institutions: Directorate-General for Environment
Subjects: EU action, air quality, climate change, cost of pollution, economic consequence, pollution control, quality of the environment, reduction of gas emissions, urban area, urban problem

AIR QUALITY 
IN CITIES 
An urban challenge

Clean air in Europe’s cities improves our 
health and overall quality of life and 
helps fight climate change and preserve 
our environment. 

Home to 3 out of 4 Europeans, many urban areas suffer from dangerously high levels of air pollution. The EU, national 
and local authorities need to take more action, especially against the main offenders – urban transport and the use of 
fuels such as coal or wood for household heating.    

Existing policies and international cooperation have resulted in Europe’s air being cleaner today than it has been for 
decades. New EU policies and legislation aim to cut air pollution-related health impacts further, by at least half by 2030.

Good practices to improve 
city air quality include:

Low
Emmission

ZONE

City or district heating, using 
heat from existing industry or 
renewable energy sources

Traffic restrictions such as  
low-emission zones, reduced speed 
limits and congestion charges

Extensive and safe cycling networks, 
and abundant bike-parking facilities 
with easy access to public transport

More energy-efficient 
buildings

Reliable, affordable and clean 
public transport such as electric 
buses and trams and new Euro VI 
or retrofitted buses 

Promoting substitution of old, dirty 
stoves and boilers with clean 
models, and banning dirty fuels 
for household heating/cooking

Environment

Did you know?

400 000 premature 
deaths in the EU every
year are linked to air pollution

About 130 cities across
Europe do not meet EU air 
quality standards

Air pollution costs over 
€4 billion in healthcare
and €16 billion in 
lost workdays

Particulate matter and nitrogen 
dioxide are the main urban pollutants 
and are very harmful to
human health 

72 % of Europeans want
public action to
improve air quality

#CleanAirEU
EU funding is available for implementing air quality policy. 
Details at: http://bit.ly/2xA9sCY

Luxembourg: Publications Oﬃce of the European Union, 
2019 © European Union, 2019
Reuse is authorised provided the source is acknowledged.  

Print

PDF

ISBN 978-92-76-11032-3

ISBN 978-92-76-11031-6

doi:10.2779/63136

KH-02-19-736-EN-C

doi:10.2779/748034

KH-02-19-736-EN-N
Case T-310/18: Judgment of the General Court of 24 October 2019 –EPSU and Goudriaan v Commission (Social policy — Dialogue between the social partners at EU level — Agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’ — Joint request of the signatory parties seeking the implementation of that agreement at EU level — Refusal by the Commission to submit a proposal for a decision to the Council — Action for annulment — Challengeable act — Admissibility — Commission’s discretion — Autonomy of the social partners — Principle of subsidiarity — Proportionality)
Date: 2019-10-24
Institutions: General Court
Subjects: Council of the European Union, admissibility, central government, civil servant, operation of the Institutions, principle of proportionality, principle of subsidiarity, social dialogue, social partners, social policy








C_2019432EN.01004101.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/41






Judgment of the General Court of 24 October 2019 –EPSU and Goudriaan v Commission
(Case T-310/18) (1)

(Social policy - Dialogue between the social partners at EU level - Agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’ - Joint request of the signatory parties seeking the implementation of that agreement at EU level - Refusal by the Commission to submit a proposal for a decision to the Council - Action for annulment - Challengeable act - Admissibility - Commission’s discretion - Autonomy of the social partners - Principle of subsidiarity - Proportionality)
(2019/C 432/46)
Language of the case: English

Parties


Applicants: European Federation of Public Service Unions (EPSU) (Brussels (Belgium) and Jan Goudriaan (Brussels) (represented by: R. Arthur, Solicitor, and by R. Palmer and K. Apps, Barristers)

Defendant: European Commission (represented by: I. Martínez del Peral, M. van Beek and M. Kellerbauer, Agents)

Re:

Application pursuant to Article 263 TFEU seeking the annulment of the Commission’s decision of 5 March 2018 refusing to submit to the Council of the European Union a proposal for a decision to implement the agreement entitled ‘General framework for informing and consulting civil servants and employees of central government administrations’, signed by the Trade Unions’ National and European Administration Delegation (TUNED) and European Public Administration Employers (EUPAE) on 21 December 2015.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders the European Federation of Public Service Unions (EPSU) and Jan Goudriaan, and the European Commission to each bear their own costs.







(1)  OJ C 259, 23.7.2018.
Prior notification of a concentration (Case M.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare) (Text with EEA relevance) 2019/C 360/08
Date: 2019-10-24
Institutions: Directorate-General for Competition, European Commission
Subjects: claim, economic concentration, insurance company, merger control








C_2019360EN.01003301.xml










24.10.2019   


EN


Official Journal of the European Union


C 360/33






Prior notification of a concentration
(Case M.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare)
(Text with EEA relevance)
(2019/C 360/08)

1.   

On 16 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:






—


Assicurazioni Generali S.p.A. (‘Generali’, Italy),










—


Seguradoras Unidas, S.A. (‘Seguradoras Unidas’, Portugal), currently controlled by investment funds managed by affiliates of Apollo Management, LP. (the ‘Apollo Group’, USA),










—


AdvanceCare Gestão de Serviços de Saúde, S.A (‘AdvanceCare’, Portugal) currently controlled by investment funds managed by affiliates of the Apollo Group.




Generali acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Seguradoras Unidas and AdvanceCare.
The concentration is accomplished by way of purchase of shares.

2.   
The business activities of the undertakings concerned are:






—


for Generali: the provision of insurance, reinsurance, asset management and assistance services in 60 countries worldwide,










—


for Seguradoras Unidas: the provision of insurance in Portugal,










—


for AdvanceCare: the provision of health insurance management, risk assessment and claim management services in 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.



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.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare
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’).
Agreement between the European Atomic Energy Community and the Korean Peninsula Energy Development Organisation
Date: 2019-10-24
Institutions: European Atomic Energy Community, Japan, South Korea, United States
Subjects: EAEC, agreement (EU), decommissioning of power stations, energy cooperation, international organisation, nuclear reactor, renewal of an agreement








L_2019304EN.01000201.xml










26.11.2019   


EN


Official Journal of the European Union


L 304/2








            AGREEMENT
         
between the European Atomic Energy Community and the Korean Peninsula Energy Development Organisation


THE EUROPEAN ATOMIC ENERGY COMMUNITY,

Hereinafter referred to as ‘the Community’, and


THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANISATION,


Hereinafter referred to as ‘KEDO’,

Whereas:







(1)


KEDO was established pursuant to the Agreement of 9 March 1995 on the Establishment of the Korean Peninsula Energy Development Organisation, as amended on 19 September 1997, between the Governments of the Republic of Korea, Japan and the United States of America;












(2)


The Agreement concluded between the Community and KEDO expired on 31 May 2015;












(3)


After its decision to terminate KEDO’s nuclear light water reactor project and the 2007 decision to fulfil the responsibilities of the Secretariat with a greatly reduced staff and minimal office facilities, KEDO’s Executive Board decided to continue KEDO beyond 31 May 2015;












(4)


Both the Community and KEDO have expressed the wish to continue their co-operation with the objective of implementing the termination of the LWR project and an orderly winding up of KEDO;





HAVE AGREED AS FOLLOWS:



Article 1

Application of the provisions of the previous Agreement

Unless otherwise specified in one of the articles here below, the provisions of the previous Agreement between the Community and KEDO, which expired on 31 May 2015, shall remain applicable under this Agreement.


Article 2

Community contribution

There shall be no financial contribution from the Community to KEDO’s budget under this Agreement.


Article 3

Duration

This Agreement shall be in force between 1 June 2015 and 31 May 2018 and may be renewed beyond 31 May 2018.


Article 4

Entry into force

This Agreement shall enter into force upon signature by the Community and KEDO and will retroactively take effect from 1 June 2015 until 31 May 2018.




Done at Brussels on the twenty-fourth day of October in the year two thousand and nineteen, in two originals


For the European Atomic Energy Community

Ditte JUUL-JØRGENSEN
            

Done at New York on the thirtieth day of October in the year two thousand and nineteen, in two originals


For the Korean Peninsula Energy Development Organisation

David WALLACE
Case C-797/19: Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 24 October 2019 — B-GmbH v D Tax Office
Date: 2019-10-24
Institutions: Court of Justice
Subjects: State aid, company with share capital, cultural policy, education policy, environmental policy, health policy, loss, profit, social policy, transport policy








C_2020027EN.01002101.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/21






Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 24 October 2019 — B-GmbH v D Tax Office
(Case C-797/19)
(2020/C 27/27)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant and appellant in the appeal on a point of law: B-GmbH

Defendant and respondent in the appeal on a point of law: D Tax Office

Question referred

Is Article 107(1) of the Treaty on the Functioning of the European Union to be interpreted as meaning that State aid falling within the scope of that provision exists if, under the legislation of a Member State, losses incurred (on a permanent basis) by an incorporated company as a result of an economic activity carried out without remuneration that is sufficient to covers costs are to be regarded, in principle, as covert distributions of profits and, accordingly, must not reduce the profits of an incorporated company but, nevertheless, those legal consequences are not to be applied for permanently loss-making business activities in the case of incorporated companies in which the majority of voting rights are directly or indirectly held by legal persons governed by public law, if they carry out the activities concerned for reasons of transport, environmental, social, cultural, educational or health policy?
Case C-324/17: Judgment of the Court (First Chamber) of 24 October 2019 (Request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against Ivan Gavanozov (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive 2014/41/EU — European Investigation Order (EIO) in criminal matters — Article 5(1) — Form set out in Annex A — Section J — Absence of legal remedies in the issuing Member State)
Date: 2019-10-24
Institutions: Court of Justice
Subjects: appeal, criminal proceedings, judicial cooperation in criminal matters in the EU, judicial investigation








C_2019432EN.01000201.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/2






Judgment of the Court (First Chamber) of 24 October 2019 (Request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against Ivan Gavanozov
(Case C-324/17) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive 2014/41/EU - European Investigation Order (EIO) in criminal matters - Article 5(1) - Form set out in Annex A - Section J - Absence of legal remedies in the issuing Member State)
(2019/C 432/02)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party in the main proceedings

Ivan Gavanozov

Operative part of the judgment

Article 5(1) of Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, read in conjunction with Section J of the form set out in Annex A to that directive, must be interpreted as meaning that the judicial authority of a Member State does not, when issuing a European Investigation Order, have to include in that section a description of the legal remedies, if any, which are provided for in its Member State against the issuing of such an order.


(1)  OJ C 256, 7.8.2017.
Case T-333/17: Judgment of the General Court of 24 October 2019 — Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER (Energy — Decision of the Board of Appeal of ACER — Determination of the capacity calculation regions — Action for annulment — Interest in bringing proceedings — Inadmissible in part — Regulation (EU) 2015/1222 — ACER’s competence)
Date: 2019-10-24
Institutions: General Court
Subjects: abuse of power, electrical energy, energy grid, energy law, energy transport, free movement of goods, freedom to provide services, market access, principle of proportionality








C_2019432EN.01003601.xml










23.12.2019   


EN


Official Journal of the European Union


C 432/36






Judgment of the General Court of 24 October 2019 — Austrian Power Grid and Vorarlberger Übertragungsnetz v ACER
(Case T-333/17) (1)

(Energy - Decision of the Board of Appeal of ACER - Determination of the capacity calculation regions - Action for annulment - Interest in bringing proceedings - Inadmissible in part - Regulation (EU) 2015/1222 - ACER’s competence)
(2019/C 432/40)
Language of the case: English

Parties


Applicants: Austrian Power Grid AG (Vienna, Austria) and Vorarlberger Übertragungsnetz GmbH (Bregenz, Austria) (represented by: H. Kristoferitsch and S. Huber, lawyers)

Defendant: Agency for the Cooperation of Energy Regulators (ACER) (represented by: P. Martinet and E. Tremmel, acting as Agents)

Intervener in support of the applicants: Verbund AG (Vienna) (represented by: S. Polster, lawyer)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent), Polskie Sieci Elektroenergetyczne S.A. (Konstancin-Jeziorna, Poland) (represented by: M. Szambelańczyk, lawyer)

Re:

Action under Article 263 TFEU seeking annulment of Decision A-001-2017 (consolidated) of the Board of Appeal of ACER of 17 March 2017 dismissing the appeals brought against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions.

Operative part of the judgment

The Court:






1.



Annuls Decision A-001-2017 (consolidated) of the Board of Appeal of the Agency for the Cooperation of Energy Regulators (ACER) of 17 March 2017 dismissing the appeals against Decision No 6/2016 issued by ACER regarding the determination of capacity calculation regions in so far as it dismisses the appeals brought by Austrian Power Grid AG and by Vorarlberger Übertragungsnetz GmbH;











2.



Dismisses the action as to the remainder;











3.



Declares that ACER is to bear its own costs and orders it to pay one quarter of the costs incurred by Austrian Power Grid and by Vorarlberger Übertragungsnetz;











4.



Declares that Austrian Power Grid and Vorarlberger Übertragungsnetz are to bear three quarters of their own costs;











5.



Declares that the Czech Republic, the Republic of Poland, Verbund AG and Polskie Sieci Elektroenergetyczne S.A. are to bear their own costs.







(1)  OJ C 249, 31.7.2017.