do-me/EUR-LEX huggingface dataset:
Case C-653/19 PPU: Judgment of the Court (First Chamber) of 28 November 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DK (Reference for a preliminary ruling — Urgent preliminary ruling procedure — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings — Article 6 — Burden of proof — Continuation of the detention on remand pending trial of an accused person)
Date: 2019-11-28
Institutions: Court of Justice
Subjects: criminal proceedings, detention before trial, judicial cooperation in criminal matters in the EU, proof, right to justice, rights of the defence








C_2020036EN.01001501.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/15






Judgment of the Court (First Chamber) of 28 November 2019 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against DK
(Case C-653/19 PPU) (1)

(Reference for a preliminary ruling - Urgent preliminary ruling procedure - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings - Article 6 - Burden of proof - Continuation of the detention on remand pending trial of an accused person)
(2020/C 36/19)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Party in the main proceedings

DK

Interested party: Spetsializirana prokuratura

Operative part of the judgment

Article 6 of Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings, and Articles 6 and 47 of the Charter of Fundamental Rights of the European Union do not apply to a national law that makes the release of a person held in detention on remand pending trial conditional on that person establishing the existence of new circumstances justifying that release.


(1)  OJ C 399, 25.11.2019.
Euro exchange ratesSource: reference exchange rate published by the ECB. 27 November 20192019/C 402/04
Date: 2019-11-28
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2019402EN.01000801.xml










28.11.2019   


EN


Official Journal of the European Union


C 402/8






Euro exchange rates (1)

27 November 2019
(2019/C 402/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1009 




JPY


Japanese yen


120,18 




DKK


Danish krone


7,4712 




GBP


Pound sterling


0,85450 




SEK


Swedish krona


10,5580 




CHF


Swiss franc


1,0986 




ISK


Iceland króna


135,00 




NOK


Norwegian krone


10,1020 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,515 




HUF


Hungarian forint


335,95 




PLN


Polish zloty


4,3109 




RON


Romanian leu


4,7841 




TRY


Turkish lira


6,3442 




AUD


Australian dollar


1,6220 




CAD


Canadian dollar


1,4605 




HKD


Hong Kong dollar


8,6176 




NZD


New Zealand dollar


1,7121 




SGD


Singapore dollar


1,5028 




KRW


South Korean won


1 295,88 




ZAR


South African rand


16,1885 




CNY


Chinese yuan renminbi


7,7353 




HRK


Croatian kuna


7,4390 




IDR


Indonesian rupiah


15 517,01 




MYR


Malaysian ringgit


4,5930 




PHP


Philippine peso


55,958 




RUB


Russian rouble


70,4425 




THB


Thai baht


33,286 




BRL


Brazilian real


4,6743 




MXN


Mexican peso


21,4480 




INR


Indian rupee


78,5495 






(1)  Source: reference exchange rate published by the ECB.
Case T-592/18: Judgment of the General Court of 28 November 2019 — Wywiał-Prząda v Commission (Civil service — Contract staff — Remuneration — Decision refusing to grant expatriation allowance — Article 4(1)(a) of Annex VII to the Staff Regulations — Work done for another State — Diplomatic status — Five-year reference period)
Date: 2019-11-28
Institutions: General Court
Subjects: allowances and expenses, diplomatic profession, expatriate worker, servant (EU), staff regulations (EU)








C_2020019EN.01004501.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/45






Judgment of the General Court of 28 November 2019 — Wywiał-Prząda v Commission
(Case T-592/18) (1)

(Civil service - Contract staff - Remuneration - Decision refusing to grant expatriation allowance - Article 4(1)(a) of Annex VII to the Staff Regulations - Work done for another State - Diplomatic status - Five-year reference period)
(2020/C 19/53)
Language of the case: French

Parties


Applicant: Katarzyna Wywiał-Prząda (Wezembeek-Oppem, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission (represented by: T. Bohr and D. Milanowska, acting as Agents)

Re:

Action under Article 270 TFEU for the annulment of Commission Decision of 23 November 2017 by which the applicant was refused expatriation allowance.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Ms Katarzyna Wywiał-Prząda to pay the costs.







(1)  OJ C 427, 26.11.2018.
Information on the date of signature and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019
Date: 2019-11-28
Institutions: Council of the European Union
Subjects: Mauritania, agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing rights, protocol to an agreement, renewal of an agreement, sea fishing, signature of an agreement








L_2019307EN.01000101.xml










28.11.2019   


EN


Official Journal of the European Union


L 307/1







Information on the date of signature and provisional application of the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019
         


The European Union and the Islamic Republic of Mauritania signed on 13 November 2019, in Brussels, the Agreement in the form of an Exchange of Letters between the European Union and the Islamic Republic of Mauritania on an extension to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Islamic Republic of Mauritania, expiring on 15 November 2019.
The Agreement accordingly applies provisionally from 16 November 2019 pursuant to point 6 thereof.
Case C-593/18 P: Judgment of the Court (Seventh Chamber) of 28 November 2019 — ABB Ltd, ABB AB v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Burden of proof — Presumption of innocence — Principle of equal treatment)
Date: 2019-11-28
Institutions: Court of Justice
Subjects: cartel, control of restrictive practices, electric cable, equal treatment, market-sharing agreement, proof, restriction on competition, rights of the defence








C_2020036EN.01001102.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/11






Judgment of the Court (Seventh Chamber) of 28 November 2019 — ABB Ltd, ABB AB v European Commission
(Case C-593/18 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European market for underground and submarine power cables - Market allocation in connection with projects - Burden of proof - Presumption of innocence - Principle of equal treatment)
(2020/C 36/14)
Language of the case: English

Parties


Appellants: ABB Ltd, ABB AB (represented by: I. Vandenborre, M. Frese, advocaten, and S. Dionnet, advocat)

Other party to the proceedings: European Commission (represented by: H. van Vliet, I. Zaloguin and I. Rogalski, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside point 1 of the operative part of the judgment of the General Court of the European Union of 12 July 2018, ABB v Commission (T-445/14, not published, EU:T:2018:449), in so far as the General Court dismissed ABB Ltd and ABB AB’s actions for the annulment of Commission Decision C(2014) 2139 final of 2 April 2014 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39610 — Power cables), in so far as that decision finds those companies liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV, as well as point 2 of the operative part of that judgment;










2.


Dismisses the appeal as to the remainder;










3.


Annuls Decision C(2014) 2139 final in so far as it finds ABB Ltd and ABB AB liable for an infringement of Article 101 TFEU and of Article 53 of the Agreement on the European Economic Area of 2 May 1992 in respect of a collective refusal to supply accessories for underground power cables with voltages from 110 kV and below 220 kV;










4.


Orders ABB Ltd, ABB AB and the European Commission to bear their own costs at first instance and on appeal.






(1)  OJ C 436, 3.12.2018.
Case T-726/18: Judgment of the General Court of 28 November 2019 — Mélin v Parliament (Law governing the institutions — Rules governing expenses and allowances payable to Members of the European Parliament — Parliamentary assistance allowance — Recovery of sums unduly paid — Obligation to state reasons — Failure to provide the annex to the decision ordering recovery)
Date: 2019-11-28
Institutions: General Court
Subjects: Member of Parliament, Secretary General of an Institution, allowances and expenses, debt, servant (EU)








C_2020027EN.01003202.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/32






Judgment of the General Court of 28 November 2019 — Mélin v Parliament
(Case T-726/18) ( (1))
(Law governing the institutions - Rules governing expenses and allowances payable to Members of the European Parliament - Parliamentary assistance allowance - Recovery of sums unduly paid - Obligation to state reasons - Failure to provide the annex to the decision ordering recovery)
(2020/C 27/40)
Language of the case: French

Parties


Applicant: Joëlle Melin (Aubagne, France) (represented by: F. Wagner, lawyer)

Defendant: European Parliament (represented by: S. Seyr and M. Ecker, acting as Agents)

Re:

Action based on Article 263 TFEU seeking annulment of the Decision of the Secretary General of the Parliament of 4 October 2018 concerning the recovery from the applicant of a sum of EUR 130 339,35 unduly paid as parliamentary assistance and the corresponding debit note of 10 October 2018.

Operative part of the judgment

The Court:






1)



Annuls the decision of the Secretary General of the European Parliament of 4 October 2018 concerning the recovery from Joëlle Mélin of a sum of EUR 130 339,35 unduly paid as parliamentary assistance and of the corresponding debit note of 10 October 2018;











2)



Orders the Parliament to pay the costs.







(1)  (1) OJ C 65, 18.2.2019.
Case C-596/18 P: Judgment of the Court (Seventh Chamber) of 28 November 2019 — LS Cable & System Ltd v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — European market for underground and submarine power cables — Market allocation in connection with projects — Fines — Burden of proof — Distortion of the evidence — Public distancing from the cartel)
Date: 2019-11-28
Institutions: Court of Justice
Subjects: cartel, control of restrictive practices, electric cable, market-sharing agreement, proof, restriction on competition, sanction (EU)








C_2020036EN.01001201.xml










3.2.2020   


EN


Official Journal of the European Union


C 36/12






Judgment of the Court (Seventh Chamber) of 28 November 2019 — LS Cable & System Ltd v European Commission
(Case C-596/18 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - European market for underground and submarine power cables - Market allocation in connection with projects - Fines - Burden of proof - Distortion of the evidence - Public distancing from the cartel)
(2020/C 36/15)
Language of the case: English

Parties


Appellant: LS Cable & System Ltd (represented by: S. Spinks and S. Kinsella, Solicitors)

Other party to the proceedings: European Commission (represented by: N. Khan and H. van Vliet, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders LS Cable & System Ltd to pay the costs.






(1)  OJ C 427, 26.11.2018.
Case T-642/18: Judgment of the General Court of 28 November 2019 — August Wolff v EUIPO Faes Farma (DermoFaes Atopimed) (EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopimed — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-11-28
Institutions: General Court
Subjects: EU trade mark, chemical product, cosmetic product, fertiliser, pharmaceutical product, preservative, registered trade mark, trade-mark law, veterinary medicinal product








C_2020019EN.01004601.xml










20.1.2020   


EN


Official Journal of the European Union


C 19/46






Judgment of the General Court of 28 November 2019 — August Wolff v EUIPO Faes Farma (DermoFaes Atopimed)
(Case T-642/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark DermoFaes Atopimed - Earlier EU word mark Dermowas - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 19/54)
Language of the case: English

Parties


Applicant: Dr. August Wolff GmbH & Co. KG Arzneimittel (Bielefeld, Germany) (represented by: A. Thünken, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Faes Farma, SA (Lamiaco-Leioa, Spain) (represented by: A. Vela Ballesteros and S. Fernandez Malvar, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 July 2018 (Case R 1365/2017-2) relating to opposition proceedings between Dr. August Wolff and Faes Farma.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Dr. August Wolff GmbH & Co. KG Arzneimittel to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Faes Farma, SA, including those necessarily incurred by Faes Farma, SA, before the Board of Appeal of EUIPO







(1)  OJ C 4, 7.1.2019.
Decision (EU) 2019/2216 of the European Central Bank of 28 November 2019 amending Decision (EU) 2015/298 on the interim distribution of the income of the European Central Bank (ECB/2019/36)
Date: 2019-11-28
Institutions: European Central Bank
Subjects: central bank, distribution of income, financial legislation, financial risk, purchase, revenue, securities








L_2019332EN.01018301.xml










23.12.2019   


EN


Official Journal of the European Union


L 332/183








            DECISION (EU) 2019/2216 OF THE EUROPEAN CENTRAL BANK
         
of 28 November 2019
         
amending Decision (EU) 2015/298 on the interim distribution of the income of the European Central Bank (ECB/2019/36)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 33 thereof,

Whereas:







(1)


Decision (EU) 2016/2247 of the European Central Bank (ECB/2016/35) (1) refers to the establishment of a provision for financial risks in the balance sheet of the European Central Bank. Reference needs to be made to this provision for financial risks in Article 3 of Decision (EU) 2015/298 of the European Central Bank (ECB/2014/57) (2).












(2)


Therefore, Decision (EU) 2015/298 (ECB/2014/57) should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Amendment

Article 3 of Decision (EU) 2015/298 (ECB/2014/57) is replaced by the following:


                  ‘By way of derogation from Article 2, the Governing Council shall decide before the end of the financial year whether all or part of the ECB’s income referred to in that Article should be retained to the extent necessary to ensure that the amount of the distributed income does not exceed the ECB’s net profit for that year. Any such decision shall be taken where, on the basis of a reasoned estimate prepared by the Executive Board, the Governing Council expects that the ECB will have an overall annual loss or will make an annual net profit that is less than the estimated amount of its income referred to in Article 2. The Governing Council may decide before the end of the financial year to transfer all or part of the ECB’s income referred to in that Article to a provision for financial risks.’
               



Article 2

Entry into force

This Decision shall enter into force on 31 December 2019.




Done at Frankfurt am Main, 28 November 2019.


The President of the ECB

Christine LAGARDE
            





(1)  Decision (EU) 2016/2247 of the European Central Bank of 3 November 2016 on the annual accounts of the European Central Bank (ECB/2016/35) (OJ L 347, 20.12.2016, p. 1).

(2)  Decision (EU) 2015/298 of the European Central Bank of 15 December 2014 on the interim distribution of the income of the European Central Bank (ECB/2014/57) (OJ L 53, 25.2.2015, p. 24).
Case T-644/18: Judgment of the General Court of 28 November 2019 — August Wolff v EUIPO — Faes Farma (DermoFaes Atopiderm) (EU trade mark — Opposition proceedings — Application for EU word mark DermoFaes Atopiderm — Earlier EU word mark Dermowas — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2019-11-28
Institutions: General Court
Subjects: EU trade mark, chemical product, cosmetic product, fertiliser, pharmaceutical product, preservative, registered trade mark, trade-mark law, veterinary medicinal product








C_2020027EN.01003002.xml










27.1.2020   


EN


Official Journal of the European Union


C 27/30






Judgment of the General Court of 28 November 2019 — August Wolff v EUIPO — Faes Farma (DermoFaes Atopiderm)
(Case T-644/18) (1)

(EU trade mark - Opposition proceedings - Application for EU word mark DermoFaes Atopiderm - Earlier EU word mark Dermowas - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 27/37)
Language of the case: English

Parties


Applicant: Dr. August Wolff GmbH & Co. KG Arzneimittel (Bielefeld, Germany) (represented by: A. Thünken, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Faes Farma, SA (Lamiaco-Leioa, Spain) (represented by: A. Vela Ballesteros and S. Fernandez Malvar, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 11 July 2018 (Case R 1305/2017-2) relating to opposition proceedings between Dr. August Wolff and Faes Farma.

Operative part of the judgment

The Court:






1.



Dismisses the action;











2.



Orders Dr. August Wolff GmbH & Co. KG Arzneimittel to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Faes Farma, SA, including those necessarily incurred by Faes Farma, SA, before the Board of Appeal of EUIPO.







(1)  OJ C 4, 7.1.2019.
Non-opposition to a notified concentration (Case M.9567 — PGGM/Macquarie/Genesee & Wyoming Australia) (Text with EEA relevance) 2019/C 408/02
Date: 2019-11-28
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, holding company, investment company, merger control, provision of services, rail transport








C_2019408EN.01000201.xml










4.12.2019   


EN


Official Journal of the European Union


C 408/2






Non-opposition to a notified concentration
(Case M.9567 — PGGM/Macquarie/Genesee & Wyoming Australia)
(Text with EEA relevance)
(2019/C 408/02)
On 28 November 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 32019M9567. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Information on the date of signature and provisional application of the Protocol on the implementation of the Agreement on a sustainable fisheries partnership between the European Union and the Republic of Senegal
Date: 2019-11-28
Institutions: Council of the European Union
Subjects: Senegal, agreement (EU), fishing agreement, fishing area, fishing rights, interim agreement (EU), protocol to an agreement, sea fishing, signature of an agreement, sustainable fisheries








L_2019307EN.01000201.xml










28.11.2019   


EN


Official Journal of the European Union


L 307/2







Information on the date of signature and provisional application of the Protocol on the implementation of the Agreement on a sustainable fisheries partnership between the European Union and the Republic of Senegal


The European Union and the Republic of Senegal signed on 18 November 2019, in Brussels, the Protocol on the implementation of the Agreement on a sustainable fisheries partnership between the European Union and the Republic of Senegal.
The Protocol accordingly applies provisionally from 18 November 2019 pursuant to Article 16 thereof.