do-me/EUR-LEX huggingface dataset:
Case C-341/18: Judgment of the Court (Fifth Chamber) of 5 February 2020 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v J. and Others (Reference for a preliminary ruling — Regulation (EU) 2016/399 — Schengen Borders Code — Control at the external borders — Third-country nationals — Article 11(1) — Affixing of stamps on travel documents — Exit stamp — Determination of the time of exit from the Schengen area — Signing-on of seamen with ships that are in long-term mooring in a sea port)
Date: 2020-02-05
Institutions: Court of Justice
Subjects: Schengen Agreement, border control, crew, external border of the EU, foreign national, harbour installation, maritime transport, passport








C_2020137EN.01000801.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/8






Judgment of the Court (Fifth Chamber) of 5 February 2020 (request for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie en Veiligheid v J. and Others
(Case C-341/18) (1)

(Reference for a preliminary ruling - Regulation (EU) 2016/399 - Schengen Borders Code - Control at the external borders - Third-country nationals - Article 11(1) - Affixing of stamps on travel documents - Exit stamp - Determination of the time of exit from the Schengen area - Signing-on of seamen with ships that are in long-term mooring in a sea port)
(2020/C 137/09)
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Staatssecretaris van Justitie en Veiligheid

Defendants: J. and Others

Interveners: C. and H. and Others

Operative part of the judgment

Article 11(1) of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) must be interpreted as meaning that, when a seaman who is a third-country national signs on with a ship in long-term mooring in a sea port of a State forming part of the Schengen area, for the purpose of working on board, before leaving that port on that ship, an exit stamp must, where provided for by that code, be affixed to that seaman’s travel documents not at the time of his signing on, but when the master of that ship notifies the competent national authorities of the ship’s imminent departure.


(1)  OJ C 294, 20.8.2018.
Prior notification of a concentration (Case M.9707 — Aperam Alloys Imphy/Tekna Plasma Europe/ImphyTek Powders) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 38/03
Date: 2020-02-05
Institutions: Directorate-General for Competition, European Commission
Subjects: alloy, economic concentration, machinery, merger control, nickel, powder metallurgy, special steels, steel








C_2020038EN.01000301.xml










5.2.2020   


EN


Official Journal of the European Union


C 38/3






Prior notification of a concentration
(Case M.9707 — Aperam Alloys Imphy/Tekna Plasma Europe/ImphyTek Powders)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 38/03)

1.   
On 24 January 2020, 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:






—


Aperam Alloys Imphy SAS, (‘Aperam’, Luxembourg), a fully-owned subsidiary of Aperam S.A.










—


Tekna Plasma Europe SAS (‘Tekna’, Norway), an indirect subsidiary of Arendals Fossekompani ASA.










—


ImphyTek Powders SAS (‘ImphyTek Powders’, France).




Aperam and Tekna acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of ImphyTek Powders.
The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.


2.   
The business activities of the undertakings concerned are:






—


For Aperam: manufacturing and sales of stainless, electrical and specialty alloys steel, with customers in over 40 countries,










—


For Tekna: manufacturing of atomisers and peripheral equipment to produce metallic powders,










—


ImphyTek Powders: manufacturing and sales of nickel alloys powders.






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.9707 — Aperam Alloys Imphy/Tekna Plasma Europe/ImphyTek Powders
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.
Euro exchange ratesSource: reference exchange rate published by the ECB. 4 February 20202020/C 38/01
Date: 2020-02-05
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020038EN.01000101.xml










5.2.2020   


EN


Official Journal of the European Union


C 38/1






Euro exchange rates (1)

4 February 2020
(2020/C 38/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1048 




JPY


Japanese yen


120,52 




DKK


Danish krone


7,4729 




GBP


Pound sterling


0,84880 




SEK


Swedish krona


10,6278 




CHF


Swiss franc


1,0702 




ISK


Iceland króna


137,90 




NOK


Norwegian krone


10,1948 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,143 




HUF


Hungarian forint


336,32 




PLN


Polish zloty


4,2753 




RON


Romanian leu


4,7763 




TRY


Turkish lira


6,6073 




AUD


Australian dollar


1,6439 




CAD


Canadian dollar


1,4671 




HKD


Hong Kong dollar


8,5805 




NZD


New Zealand dollar


1,7102 




SGD


Singapore dollar


1,5139 




KRW


South Korean won


1 310,75 




ZAR


South African rand


16,3262 




CNY


Chinese yuan renminbi


7,7298 




HRK


Croatian kuna


7,4518 




IDR


Indonesian rupiah


15 146,81 




MYR


Malaysian ringgit


4,5424 




PHP


Philippine peso


56,102 




RUB


Russian rouble


69,8725 




THB


Thai baht


34,194 




BRL


Brazilian real


4,6704 




MXN


Mexican peso


20,6722 




INR


Indian rupee


78,7120 






(1)  Source: reference exchange rate published by the ECB.
Case T-212/19: Order of the General Court of 5 February 2020 — Apple v EUIPO (Stylets) (Community design — Division of the application for registration remedying the irregularity which had led to the refusal of registration — No need to adjudicate)
Date: 2020-02-05
Institutions: General Court
Subjects: designs and models, peripheral








C_2020114EN.01000901.xml










6.4.2020   


EN


Official Journal of the European Union


C 114/9






Order of the General Court of 5 February 2020 — Apple v EUIPO (Stylets)
(Case T-212/19) (1)

(Community design - Division of the application for registration remedying the irregularity which had led to the refusal of registration - No need to adjudicate)
(2020/C 114/07)
Language of the case: English

Parties


Applicant: Apple Inc. (Cupertino, California, United States) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

Defendant: European Union Intellectual Property Office (represented by: S. Hanne and D. Botis, acting as Agents)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 7 January 2019 (Case R 2533/2017-3), relating to an application for registration of a Community design representing a stylus.

Operative part of the order







1.


There is no longer any need to adjudicate on the action;










2.


Apple Inc. shall pay the costs.






(1)  OJ C 182, 27.5.2019.
Commission Regulation (EU) 2020/183 of 5 February 2020 establishing a fisheries closure for cod in areas 1 and 2b for vessels flying the flag of several Member States
Date: 2020-02-05
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Barents Sea, EU Member State, EU waters, Norwegian Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2020038EN.01003701.xml










11.2.2020   


EN


Official Journal of the European Union


L 38/37








            COMMISSION REGULATION (EU) 2020/183
of 5 February 2020
         
establishing a fisheries closure for cod in areas 1 and 2b for vessels flying the flag of several Member States


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2020/123 (2) lays down quotas for 2020.












(2)


According to the information received by the Commission, catches of the stock of cod in areas 1 and 2b by vessels flying the flag of or registered in several Member States have exhausted the quota allocated to ‘other Member States’ for 2020.












(3)


It is therefore necessary to prohibit certain fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated for 2020 to Member States fishing under the ‘other Member States’ quota for the stock of cod in areas 1 and 2b referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Member States fishing under the ‘other Member States’ quota referred to in the Annex shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 February 2020.


For the Commission,


On behalf of the President,

Virginijus SINKEVIČIUS
            

Member of the Commission






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).




ANNEX






No


01/TQ/123




Member State


Member States fishing under ‘Other Member States’ quota




Stock


COD/1/2B.




Species


Cod (Gadus morhua)




Zone


1 and 2b




Closing date


11.1.2020 at 11.00 UTC
Non-opposition to a notified concentration (Case M.9691 — Mahindra & Mahindra/Ford Motor Company/Ardour) (Text with EEA relevance) 2020/C 53/01
Date: 2020-02-05
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, merger control, motor vehicle industry








C_2020053EN.01000101.xml










17.2.2020   


EN


Official Journal of the European Union


C 53/1






Non-opposition to a notified concentration
(Case M.9691 — Mahindra & Mahindra/Ford Motor Company/Ardour)
(Text with EEA relevance)
(2020/C 53/01)
On 5 February 2020, 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 32020M9691. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-332/19: Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain) (EU trade mark — Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001)
Date: 2020-02-05
Institutions: General Court
Subjects: EU trade mark, clothing, decorative item, jewellery and goldsmith's articles, precious metal, precious stones, registered trade mark, trade-mark law








C_2020095EN.01003101.xml










23.3.2020   


EN


Official Journal of the European Union


C 95/31






Judgment of the General Court of 5 February 2020 — Pierre Balmain v EUIPO (Representation of a lion’s head encircled by rings forming a chain)
(Case T-332/19) (1)

(EU trade mark - Application for an EU figurative mark representing a lion’s head encircled by rings forming a chain - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001)
(2020/C 95/39)
Language of the case: French

Parties


Applicant: Pierre Balmain (Paris, France) (represented by: J.M. Iglesias Monravá and S. Mainar Roger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 March 2019 (Case R 1224/2018-5), concerning an application for registration of a figurative sign representing a lion’s head encircled by rings forming a chain as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Pierre Balmain to pay the costs.






(1)  OJ C 246, 22.7.2019.
Notice of the impending expiry of certain anti-dumping measures2020/C 38/02
Date: 2020-02-05
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: China, anti-dumping duty, import (EU), iron, originating product, piping, steel, tube








C_2020038EN.01000201.xml










5.2.2020   


EN


Official Journal of the European Union


C 38/2






Notice of the impending expiry of certain anti-dumping measures
(2020/C 38/02)
1.   As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), CHAR 4/39, B-1049 Brussels (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Tube and pipe fittings of iron or steel


The People’s Republic of China


Anti-dumping duty


Commission Implementing Regulation (EU) 2015/1934 of 27 October 2015 imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings, of iron or steel, originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009
(OJ L 282, 28.10.2015, p. 14)


29 October 2020






(1)  OJ L 176, 30.6.2016, p. 21.

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

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