do-me/EUR-LEX huggingface dataset:
Case T-850/19: Action brought on 13 December 2019 — Hellenic Republic v Commission
Date: 2019-12-13
Institutions: General Court
Subjects: State aid, agro-industry, control of State aid, credit guarantee, interest rate subsidy, natural disaster, principle of legal certainty, principle of proportionality, rights of the defence, single market








C_2020068EN.01004301.xml










2.3.2020   


EN


Official Journal of the European Union


C 68/43






Action brought on 13 December 2019 — Hellenic Republic v Commission
(Case T-850/19)
(2020/C 68/52)
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: E. Tsaousi, E. Leftheriotou and A. Vasilopoulou)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul European Commission Implementing Decision C(2019) 7094 final of 7 October 2019 on measures SA.39119 (2016/C) (ex 2015/NN) (ex 2014/CP) implemented by the Hellenic Republic in the form of interest subsidies and guarantees, linked to the fires of 2007, which concerns only the agricultural sector; and










—


order the defendant to pay the costs.





Pleas in law and main arguments

The applicant raises three pleas in law supporting its claim for annulment.






1.


First plea in law, alleging that there is no State aid within the meaning of Article 107(1) TFEU: misapplication and misinterpretation of the conditions under which the State aid is incompatible with the internal market, error of fact, failure to state reasons for the contested decision and infringement by the Commission of the principle of the protection of legitimate expectations.










2.


Second plea in law, alleging that the aid at issue is compatible with the internal market since it constitutes aid to make good the damage caused by natural disasters. Misapplication and misinterpretation of Article 107(2)(b) TFEU, error of fact and failure to state reasons










3.


Third plea in law, based on the fact that the contested decision was adopted outside the scope of Commission’s competence ratione temporis, as defined by Article 17 of Regulation 2015/1589, (1) and previously by Article 15 of Regulation 659/1999, (2) and in any event, in breach of the principles of legal certainty, of adjudication within a reasonable period, of the rights of defence and of sound administration. The call for repayment is contrary to the principles of proportionality and legal certainty.






(1)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ 2015 L 248, p. 9)

(2)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ 1999 L 83, p. 1).
Non-opposition to a notified concentration (Case M.9445 — Natura Cosméticos/Avon Products) (Text with EEA relevance) 2020/C 380/02
Date: 2019-12-13
Institutions: Directorate-General for Competition, European Commission
Subjects: cosmetics industry, economic concentration, merger control








C_2020380EN.01000201.xml










11.11.2020   


EN


Official Journal of the European Union


C 380/2






Non-opposition to a notified concentration
(Case M.9445 — Natura Cosméticos/Avon Products)
(Text with EEA relevance)
(2020/C 380/02)
On 13 December 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 32019M9445. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Decision of the EEA Joint Committee No 307/2019 of 13 December 2019 amending Annex IX (Financial Services) to the EEA Agreement [2020/325]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, business management, financial legislation, financial management, financial solvency, financial supervision, investment company, investment protection, revision of an agreement, securities




L_2020068EN.01005901.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/59








            DECISION OF THE EEA JOINT COMMITTEE
         
No 307/2019
of 13 December 2019
         
amending Annex IX (Financial Services) to the EEA Agreement [2020/325]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2018/1619 of 12 July 2018 amending Delegated Regulation (EU) 2016/438 as regards safe-keeping duties of depositaries (1) is to be incorporated into the EEA Agreement.












(2)


Annex IX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 30g (Commission Delegated Regulation (EU) 2016/438) of Annex IX to the EEA Agreement:

                  ‘, as amended by:






—



32018 R 1619: Commission Delegated Regulation (EU) 2018/1619 of 12 July 2018 (OJ L 271, 30.10.2018, p. 6).’
                     






Article 2
The text of Delegated Regulation (EU) 2018/1619 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 63/2018 of 23 March 2018 (2), whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 271, 30.10.2018, p. 6.

(*1)  No constitutional requirements indicated.

(2)  
            OJ L 26, 30.1.2020, p. 58.
Decision of the EEA Joint Committee No 292/2019 of 13 December 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/310]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, baby food, consumer protection, dietary product, food safety, market approval, nutritional needs, organic acid, revision of an agreement, vitamin




L_2020068EN.01002901.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/29








            DECISION OF THE EEA JOINT COMMITTEE
         
No 292/2019
of 13 December 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/310]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/828 of 14 March 2019 amending Delegated Regulation (EU) 2016/127 with regard to vitamin D requirements for infant formula and erucic acid requirements for infant formula and follow-on formula (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding foodstuffs. Legislation regarding foodstuffs shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the introduction to Chapter XII of Annex II to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 77b (Commission Delegated Regulation (EU) 2016/127) of Chapter XII of Annex II to the EEA Agreement:






‘—



32019 R 0828: Commission Delegated Regulation (EU) 2019/828 of 14 March 2019 (OJ L 137, 23.5.2019, p. 12).’






Article 2
The text of Delegated Regulation (EU) 2019/828 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 137, 23.5.2019, p. 12.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 322/2019 of 13 December 2019 amending Annex XX (Environment) to the EEA Agreement [2020/340]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, environmental impact, environmental protection, environmental risk prevention, evaluation method, genetically modified organism, revision of an agreement




L_2020068EN.01008001.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/80








            DECISION OF THE EEA JOINT COMMITTEE
         
No 322/2019
of 13 December 2019
         
amending Annex XX (Environment) to the EEA Agreement [2020/340]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive (EU) 2018/350 of 8 March 2018 amending Directive 2001/18/EC of the European Parliament and of the Council as regards the environmental risk assessment of genetically modified organisms (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 25d (Directive 2001/18/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:






‘—



32018 L 0350: Commission Directive (EU) 2018/350 of 8 March 2018 (OJ L 67, 9.3.2018, p. 30).’






Article 2
The text of Directive (EU) 2018/350 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1)



Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 67, 9.3.2018, p. 30.

(*1)  No constitutional requirements indicated.
Case C-911/19: Request for a preliminary ruling from the Conseil d’État (France) lodged on 13 December 2019 — Fédération bancaire française (FBF) v Autorité de contrôle prudentiel et de résolution (ACPR)
Date: 2019-12-13
Institutions: Court of Justice
Subjects: EU banking union, European Banking Authority, France, banking supervision, financial institution, powers of the institutions (EU)








C_2020061EN.01002102.xml










24.2.2020   


EN


Official Journal of the European Union


C 61/21






Request for a preliminary ruling from the Conseil d’État (France) lodged on 13 December 2019 — Fédération bancaire française (FBF) v Autorité de contrôle prudentiel et de résolution (ACPR)
(Case C-911/19)
(2020/C 61/26)
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Fédération bancaire française (FBF)

Defendant: Autorité de contrôle prudentiel et de résolution (ACPR)

Questions referred







1.


May an action be brought under Article 263 of the Treaty on the Functioning of the European Union for annulment of guidelines issued by a European supervisory authority? If so, is it open to a professional federation to challenge, by means of an action for annulment, the validity of guidelines intended for the members whose interests it protects but which are not of direct or individual concern to it?










2.


In the event of a negative answer to either of the questions raised in paragraph 1, may guidelines issued by a European supervisory authority be the subject of a reference for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union? If so, is it open to a professional federation to challenge, by means of a plea of invalidity, guidelines intended for the members whose interests it protects and which are not of direct or individual concern to it?










3.


In the event that it is open to the Fédération bancaire française to challenge, by means of a plea of invalidity, the Guidelines adopted by the European Banking Authority on 22 March 2016, did that Authority, in issuing those guidelines, exceed the powers conferred on it under Regulation No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority)? (1)







(1)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ 2010 L 331, p. 12).
Decision of the EEA Joint Committee No 321/2019 of 13 December 2019 amending Annex XX (Environment) to the EEA Agreement [2020/339]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, crop production, environmental impact, environmental risk prevention, genetically modified organism, health risk, market approval, revision of an agreement, transfrontier pollution




L_2020068EN.01007901.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/79








            DECISION OF THE EEA JOINT COMMITTEE
         
No 321/2019
of 13 December 2019
         
amending Annex XX (Environment) to the EEA Agreement [2020/339]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 2015 amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory (1), as corrected by OJ L 82, 26.3.2018, p. 17, is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex XX to the EEA Agreement shall be amended as follows:






(1)


the following is added in point 25d (Directive 2001/18/EC of the European Parliament and of the Council):

                              ‘, as amended by:






—



32015 L 0412: Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 2015 (OJ L 68, 13.3.2015, p. 1), as corrected by OJ L 82, 26.3.2018, p. 17.’;














(2)


the following is added to the adaptation text in point 25d (Directive 2001/18/EC of the European Parliament and of the Council):






‘(e)


In Article 26c(1), as regards the EFTA States, the words “From 2 April 2015 until 3 October 2015” shall be replaced with “Until six months after the entry into force of Decision of the EEA Joint Committee No 321/2019 of 13 December 2019’, and the words “before 2 April 2015” shall be replaced with “before the entry into force of Decision of the EEA Joint Committee No 321/2019 of 13 December 2019”.’










Article 2
The text of Directive (EU) 2015/412, as corrected by OJ L 82, 26.3.2018, p. 17, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1)



Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 68, 13.3.2015, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 289/2019 of 13 December 2019 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/307]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, approval, commercial vehicle, consumption, electrical energy, motor car, motor fuel, motor vehicle pollution, revision of an agreement, technical specification




L_2020068EN.01002601.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/26








            DECISION OF THE EEA JOINT COMMITTEE
         
No 289/2019
of 13 December 2019
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2020/307]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) 2018/1832 of 5 November 2018 amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) 2017/1151 for the purpose of improving the emission type approval tests and procedures for light passenger and commercial vehicles, including those for in-service conformity and real-driving emissions and introducing devices for monitoring the consumption of fuel and electric energy (1), as corrected by OJ L 263, 16.10.2019, p. 41, is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in points 45zu (Commission Regulation (EC) No 692/2008), 45zx (Directive 2007/46/EC of the European Parliament and of the Council), and 45zzv (Commission Regulation (EU) 2017/1151) of Chapter I of Annex II to the EEA Agreement:






‘—



32018 R 1832: Commission Regulation (EU) 2018/1832 of 5 November 2018 (OJ L 301, 27.11.2018, p. 1), as corrected by OJ L 263, 16.10.2019, p. 41.’






Article 2
The text of Regulation (EU) 2018/1832, as corrected by OJ L 263, 16.10.2019, p. 41, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 301, 27.11.2018, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 314/2019 of 13 December 2019 amending Annex XIII (Transport) to the EEA Agreement [2020/332]
Date: 2019-12-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, harmonisation of standards, inland waterway fleet, inland waterway shipping, maritime safety, network of navigable waterways, revision of an agreement, safety standard, ship's passport, technical specification




L_2020068EN.01006901.xml










5.3.2020   


EN


Official Journal of the European Union


L 68/69








            DECISION OF THE EEA JOINT COMMITTEE
         
No 314/2019
of 13 December 2019
         
amending Annex XIII (Transport) to the EEA Agreement [2020/332]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) 2019/1668 of 26 June 2019 amending Directive (EU) 2016/1629 of the European Parliament and of the Council laying down technical requirements for inland waterway vessels (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 47b (Directive (EU) 2016/1629 of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:






‘—



32019 R 1668: Commission Delegated Regulation (EU) 2019/1668 of 26 June 2019 (OJ L 256, 7.10.2019, p. 1).’






Article 2
The text of Delegated Regulation (EU) 2019/1668 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 14 December 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 13 December 2019.


For the EEA Joint Committee


The President

Gunnar PÁLSSON
            





(1)  
            OJ L 256, 7.10.2019, p. 1.

(*1)  No constitutional requirements indicated.