do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.9704 — Gilde/Proman/Agilitas) (Text with EEA relevance) 2020/C 57/01
Date: 2020-02-13
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, employment service, investment company, merger control, personnel administration, temporary employment, temporary employment agency








C_2020057EN.01000101.xml










20.2.2020   


EN


Official Journal of the European Union


C 57/1






Non-opposition to a notified concentration
(Case M.9704 — Gilde/Proman/Agilitas)
(Text with EEA relevance)
(2020/C 57/01)
On 13 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 32020M9704 — Gilde/Proman/Agilitas. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-688/18: Judgment of the Court (Sixth Chamber) of 13 February 2020 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against TX, UW (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Directive (EU) 2016/343 — Presumption of innocence and right to be present at the trial in criminal proceedings — Article 8(1) and (2) — Conditions laid down by national law in order to hold a trial in absentia — Non-appearance of accused persons at certain hearings for reasons either within or beyond their control — Right to fair legal process)
Date: 2020-02-13
Institutions: Court of Justice
Subjects: charge, criminal proceedings, judicial cooperation in criminal matters in the EU, lawyer, legal hearing, right to justice, rights of the defence








C_2020103EN.01000301.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/3






Judgment of the Court (Sixth Chamber) of 13 February 2020 (request for a preliminary ruling from the Spetsializiran nakazatelen sad — Bulgaria) — Criminal proceedings against TX, UW
(Case C-688/18) (1)

(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Directive (EU) 2016/343 - Presumption of innocence and right to be present at the trial in criminal proceedings - Article 8(1) and (2) - Conditions laid down by national law in order to hold a trial in absentia - Non-appearance of accused persons at certain hearings for reasons either within or beyond their control - Right to fair legal process)
(2020/C 103/03)
Language of the case: Bulgarian

Referring court

Spetsializiran nakazatelen sad

Parties in the main proceedings

TX, UW

Operative part of the judgment

Article 8(1) and (2) 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 must be interpreted as not precluding national legislation which provides, in a situation where the accused person has been informed, in due time, of his trial and of the consequences of not appearing at that trial, and where that person was represented by a mandated lawyer appointed by him, that his right to be present at his trial is not infringed where:






—


he decided unequivocally not to appear at one of the hearings held in connection with his trial; or










—


he did not appear at one of those hearings for a reason beyond his control if, following that hearing, he was informed of the steps taken in his absence and, with full knowledge of the situation, decided and stated either that he would not call the lawfulness of those steps into question in reliance on his non-appearance, or that he wished to participate in those steps, leading the national court hearing the case to repeat those steps, in particular by conducting a further examination of a witness, in which the accused person was given the opportunity to participate fully.






(1)  OJ C 25, 21.1.2019.
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2020/C 49/15
Date: 2020-02-13
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Apulia, Italy, Sicily, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2020049EN.01001601.xml










13.2.2020   


EN


Official Journal of the European Union


C 49/16






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2020/C 49/15)






Member State


Italy




Route concerned


Trapani - Brindisi and vice versa




Period of validity of the contract


From 15 July 2020 to 14 July 2023




Deadline for submission of tenders


Two months after the date of publication of this notice




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained


National Civil Aviation Authority (ENAC)
Air transport development and licensing department
Viale Castro Pretorio, 118
00185 Roma
ITALIA
Tel. +39 0644596515
Email: osp@enac.gov.it
Internet: http://www.mit.gov.it
http://www.enac.gov.it
Case C-258/18: Order of the Court (Sixth Chamber) of 13 February 2020 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — H. Solak v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv) (Request for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — EEC-Turkey Association Agreement — Article 59 of the Additional Protocol — Decision No 3/80 — Social security for Turkish migrant workers — Waiver of residence clauses — Article 6 — Supplementary benefits — Suspension — Renunciation of the nationality of the host Member State — Regulation (EC) No 883/2004 — Special non-contributory cash benefits — Residence requirement)
Date: 2020-02-13
Institutions: Court of Justice
Subjects: European citizenship, Türkiye, additional benefit, association agreement (EU), disability insurance, foreign national, migrant worker, nationality, residence, return migration








C_2020137EN.01002501.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/25






Order of the Court (Sixth Chamber) of 13 February 2020 (request for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — H. Solak v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)
(Case C-258/18) (1)

(Request for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - EEC-Turkey Association Agreement - Article 59 of the Additional Protocol - Decision No 3/80 - Social security for Turkish migrant workers - Waiver of residence clauses - Article 6 - Supplementary benefits - Suspension - Renunciation of the nationality of the host Member State - Regulation (EC) No 883/2004 - Special non-contributory cash benefits - Residence requirement)
(2020/C 137/33)
Language of the case: Dutch

Referring court

Centrale Raad van Beroep

Parties to the main proceedings


Applicant: H. Solak

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (Uwv)

Operative part of the order

Article 6(1), first paragraph, of Decision No 3/80 of the Association Council of 19 September 1980 on the application of the social security schemes of the Member States of the European Communities to Turkish workers and members of their families, read together with Article 59 of the Additional Protocol, signed on 23 November 1970 at Brussels and concluded, approved and confirmed on behalf of the European Economic Community by Council Regulation (EEC) No 2760/72 of 19 December 1972, must be interpreted as not precluding national legislation pursuant to which the payment of a benefit intended to supplement an invalidity pension in order to ensure a minimum income, granted in accordance with that legislation, is suspended with regard to a Turkish national, duly registered as belonging to the labour force of a Member State who, after renouncing the citizenship of a Member State which he had acquired during his residence in that State, has returned to his country of origin.


(1)  OJ C 276, 6.8.2018.
Case C-524/19: Order of the President of the Court of 13 February 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia No 2 de Nules — Spain) — Investcapital Ltd v FE
Date: 2020-02-13
Institutions: Court of Justice
Subjects: civil procedure, consumer protection, injunction, judicial cooperation in civil matters in the EU, unfair terms of contract








C_2020320EN.01002001.xml










28.9.2020   


EN


Official Journal of the European Union


C 320/20






Order of the President of the Court of 13 February 2020 (request for a preliminary ruling from the Juzgado de Primera Instancia No 2 de Nules — Spain) — Investcapital Ltd v FE
(Case C-524/19) (1)

(2020/C 320/38)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 363, 28.10.2019.
Case C-73/20: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 February 2020 — ZM in his capacity as liquidator in the insolvency proceedings relating to Oeltrans Befrachtungsgesellschaft mbH v E.A. Frerichs
Date: 2020-02-13
Institutions: Court of Justice
Subjects: financial solvency, judicial cooperation in civil matters in the EU, law of obligations, payment, private international law








C_2020191EN.01000901.xml










8.6.2020   


EN


Official Journal of the European Union


C 191/9






Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 February 2020 — ZM in his capacity as liquidator in the insolvency proceedings relating to Oeltrans Befrachtungsgesellschaft mbH v E.A. Frerichs
(Case C-73/20)
(2020/C 191/12)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant in the appeal on a point of law: ZM in his capacity as liquidator in the insolvency proceedings relating to Oeltrans Befrachtungsgesellschaft mbH

Defendant in the appeal on a point of law: E.A. Frerichs

Question referred

Are Article 13 of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (1) and Article 12(1)(b) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (‘Rome I’) (2) to be interpreted as meaning that the law applicable to a contract under the latter regulation also governs the payment made by a third party in performance of a contracting party’s contractual payment obligation?


(1)  OJ 2000 L 160, p. 1.

(2)  OJ 2008 L 177, p. 6.
New national side of euro coins intended for circulation2020/C 49/12
Date: 2020-02-13
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Spain, commemoration, euro, issuing of currency








C_2020049EN.01001301.xml










13.2.2020   


EN


Official Journal of the European Union


C 49/13






New national side of euro coins intended for circulation
(2020/C 49/12)




National side of the new commemorative 2-euro coin intended for circulation and issued by Spain

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Spain

Subject of commemoration: UNESCO’s World Cultural and Natural Heritage Sites – Aragón and the Aragonese Mudejar architecture

Description of the design: The design shows the image of the tower of El Salvador de Teruel. On the left side in capital letters is the word ‘ESPAÑA’ and on the right side the mintmark and underneath it the year of issuance 2020. At the top in the central part, in a circular sense and in capital letters the legend ‘ARQUITECTURA MUDEJAR DE ARAGÓN’.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 4 000 000

Date of issue: 1 February 2020


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
New national side of euro coins intended for circulation2020/C 49/11
Date: 2020-02-13
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Germany, commemoration, euro, issuing of currency








C_2020049EN.01001201.xml










13.2.2020   


EN


Official Journal of the European Union


C 49/12






New national side of euro coins intended for circulation
(2020/C 49/11)




National side of the new commemorative 2-euro coin intended for circulation and issued by Germany

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Germany

Subject of commemoration: Brandenburg (the Bundeslander series)

Description of the design: The design shows the Sanssouci Palace. The upper half of the coin’s inner section includes the mint mark of the respective mint (‘A’, ‘D’, ‘F’, ‘G’ or ‘J’), the artist’s initials and the year ‘2020’. The lower half of the coin’s inner section contains the inscription ‘BRANDENBURG’ and Germany’s issuing country code ‘D’.
The coin’s outer ring depicts the 12 stars of the European flag.

Estimated number of coins to be issued: 30 000 000

Date of issue: January/February 2020


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2020/C 49/18
Date: 2020-02-13
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Friuli-Venezia Giulia, Italy, Sicily, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2020049EN.01001901.xml










13.2.2020   


EN


Official Journal of the European Union


C 49/19






Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2020/C 49/18)






Member State


Italy




Route concerned


Trapani – Trieste and vice versa




Period of validity of the contract


From 15 July 2020 to 14 July 2023




Deadline for submission of tenders


Two months after the date of publication of this notice




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained







National Civil Aviation Authority (ENAC)




Air transport development and licensing department




Viale Castro Pretorio, 118




00185 Roma




ITALIA




Tel. +39 0644596515
Email: osp@enac.gov.it






Website:


http://www.mit.gov.it
http://www.enac.gov.it
Case T-8/19: Judgment of the General Court of 13 February 2020 — Repsol v EUIPO (INVENTEMOS EL FUTURO) (EU trade mark — Application for EU word mark INVENTEMOS EL FUTURO — Absolute ground for refusal — No distinctive character — No distinctive character acquired through use — Article 7(1)(b) and (3) of Regulation (EU) 2017/1001)
Date: 2020-02-13
Institutions: General Court
Subjects: EU trade mark, consultancy, energy production, oil refining, petroleum product, registered trade mark, trade-mark law, waste management








C_2020103EN.01002901.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/29






Judgment of the General Court of 13 February 2020 — Repsol v EUIPO (INVENTEMOS EL FUTURO)
(Case T-8/19) (1)

(EU trade mark - Application for EU word mark INVENTEMOS EL FUTURO - Absolute ground for refusal - No distinctive character - No distinctive character acquired through use - Article 7(1)(b) and (3) of Regulation (EU) 2017/1001)
(2020/C 103/40)
Language of the case: Spanish

Parties


Applicant: Repsol, SA (Madrid, Spain) (represented by: J.-B. Devaureix and J.C. Erdozain López, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 23 October 2018 (Case R 1173/2018-2), relating to an application for registration of the word sign INVENTEMOS EL FUTURO as an EU trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Repsol, SA to pay the costs.






(1)  OJ C 72, 25.2.2019.
Case T-387/18: Judgment of the General Court of 13 February 2020 — Delta-Sport v EUIPO — Delta Enterprise (DELTA SPORT) (EU trade mark — Opposition proceedings — Application for EU figurative mark DELTA SPORT — Earlier Spanish word mark COLCHON DELTA — Earlier EU figurative mark DELTA — Relative ground for refusal — Similarity of the goods — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2020-02-13
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, furniture industry, medical device, registered trade mark, sports equipment, trade-mark law








C_2020103EN.01002801.xml










30.3.2020   


EN


Official Journal of the European Union


C 103/28






Judgment of the General Court of 13 February 2020 — Delta-Sport v EUIPO — Delta Enterprise (DELTA SPORT)
(Case T-387/18) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark DELTA SPORT - Earlier Spanish word mark COLCHON DELTA - Earlier EU figurative mark DELTA - Relative ground for refusal - Similarity of the goods - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2020/C 103/39)
Language of the case: English

Parties


Applicant: Delta-Sport Handelskontor GmbH (Hamburg, Germany) (represented by: M. Krogmann, 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: Delta Enterprise Corp. (New York, New York, United States) (represented by: M. Decker, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 April 2018 (Case R 1894/2017-5) relating to opposition proceedings between Delta Enterprise and Delta-Sport Handelskontor.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Delta-Sport Handelskontor GmbH to pay the costs incurred by EUIPO and Delta Enterprise Corp. in the present proceedings.






(1)  OJ C 285, 13.8.2018.
Case C-75/20: Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 13 February 2020 — ‘Lifosa’ AB v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
Date: 2020-02-13
Institutions: Court of Justice
Subjects: carriage of goods, carrier, contract of carriage, customs territory (EU), customs union, customs valuation, import (EU), incoterms, transport price








C_2020137EN.01003801.xml










27.4.2020   


EN


Official Journal of the European Union


C 137/38






Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 13 February 2020 — ‘Lifosa’ AB v Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos
(Case C-75/20)
(2020/C 137/52)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Applicant and appellant:‘Lifosa’ AB

Defendant and respondent: Muitinės departamentas prie Lietuvos Respublikos finansų ministerijos

Question referred

Are Articles 29(1) and 32(1)(e)(i) of Council Regulation (EEC) No 2913/92 (1) of 12 October 1992 establishing the Community Customs Code and Articles 70(1) and 71(1)(e)(i) of Regulation (EU) No 952/2013 (2) of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code to be interpreted as meaning that the transaction (customs) value must be adjusted to include all the costs actually incurred by the seller (producer) in transporting the goods to the place where they were brought into the customs territory of the European Union (Community) when, as in the present case, (1) under the delivery conditions (‘Incoterms 2000’ — DAF) the obligation to cover those costs was borne by the seller (producer) and (2) those costs of transport exceeded the price that was agreed upon and was actually paid (payable) by the buyer (importer), but (3) the price actually paid (payable) by the buyer (importer) corresponded to the real value of the goods, even if that price was insufficient to cover all the costs of transport incurred by the seller (producer)?


(1)  OJ 1992 L 302, p. 1.

(2)  OJ 2013 L 269, p. 1.