do-me/EUR-LEX huggingface dataset:
Case C-167/20 P: Appeal brought on 22 April 2020 by WD against the judgment of the General Court (Seventh Chamber) delivered on 12 February 2020 in Case T-320/18, WD v EFSA
Date: 2020-04-22
Institutions: Court of Justice
Subjects: abuse of power, assistant, indemnification, promotion, servant (EU), termination of employment, work contract








C_2020271EN.01002201.xml










17.8.2020   


EN


Official Journal of the European Union


C 271/22






Appeal brought on 22 April 2020 by WD against the judgment of the General Court (Seventh Chamber) delivered on 12 February 2020 in Case T-320/18, WD v EFSA
(Case C-167/20 P)
(2020/C 271/30)
Language of the case: French

Parties


Appellant: WD (represented by: L. Levi, avocate)

Other party to the proceedings: European Food Safety Authority

Form of order sought







—


set aside the judgment of the General Court of 12 February 2020 in Case T-320/18;










—


consequently, grant the appellant the forms of order sought at first instance and, accordingly,










—


annul the decision of 14 July 2017 taken by the Executive Director of EFSA in his capacity as AACC, according to which the appellant is not among the staff members promoted during the 2017 reclassification round;










—


annul the decision of the AACC of 9 February 2018 rejecting the applicant’s complaint of 10 October 2017 directed against the decision of 14 July 2017;










—


annul the decision of 9 August 2017 and notified on 10 August 2017, taken by the Executive Director of EFSA in his capacity as AACC, not to renew the appellant’s employment contract;










—


annul the decision of the AACC of 12 March 2018 rejecting the applicant’s complaint of 10 November 2017 directed against the decision of 9 August 2017;










—


award damages for the harm suffered;










—


order the respondent to pay all of the costs at first instance and on appeal.





Pleas in law and main arguments

As regards EFSA’s decision of 14 July 2017 not to reclassify the appellant at grade AST 6 in the 2017 reclassification round, the first ground of appeal alleges infringement of the procedural rules applicable and more specifically the rules on admissibility of pleas, infringement of the obligation to state reasons and distortion of the file. The second ground is based on infringement of the applicable regulatory framework (Article 54 of the Conditions of Employment of Other Servants of the European Union, decision of 22 April 2008 and guidance document of 30 June 2010), infringement of the rules on adducing evidence and the obligation to state reasons.
As regards EFSA’s decision of 9 August 2017 not to renew the appellant’s employment contract, the first ground alleges infringement of the decision of 8 December 2012. The second ground is based on breach of the duty of care and of the instruction of 7 March 2017 and distortion of the file. The third ground alleges infringement of the concepts of manifest error of assessment and misuse of power, distortion of the file and failure to comply with the rules on adducing evidence.
Prior notification of a concentration (Case M.9489 – Air Canada/Transat) (Text with EEA relevance) 2020/C 131/11
Date: 2020-04-22
Institutions: Directorate-General for Competition, European Commission
Subjects: air transport, carriage of passengers, economic concentration, merger control, parent company, tourism








C_2020131EN.01002301.xml










22.4.2020   


EN


Official Journal of the European Union


C 131/23






Prior notification of a concentration
(Case M.9489 – Air Canada/Transat)
(Text with EEA relevance)
(2020/C 131/11)

1.   
On 15 April 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:






—


Air Canada (Canada),










—


Transat A.T. Inc. (‘Transat’, Canada).




Air Canada acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Transat.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Air Canada: global airline that provides scheduled passenger air services in Canada, and internationally, including between Canada and Europe. Air Canada operates flights to Europe through its mainline fleet as well as through its subsidiary Air Canada Rouge,










—


for Transat: parent company of Air Transat which provides scheduled passenger air services in Canada and internationally, including between Canada and Europe. Transat is also active as an international holiday travel company that develops and markets holiday travel services in Canada, the Americas and Europe.






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.9489 – Air Canada/Transat
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’).
Prior notification of a concentration (Case M.9772 – Helvetia/CASER) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 131/10
Date: 2020-04-22
Institutions: Directorate-General for Competition, European Commission
Subjects: dental medicine, economic concentration, home care, insurance company, merger control, provision of services








C_2020131EN.01002201.xml










22.4.2020   


EN


Official Journal of the European Union


C 131/22






Prior notification of a concentration
(Case M.9772 – Helvetia/CASER)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 131/10)

1.   
On 14 April 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:






—


Helvetia Schweizerische Versicherungsgesellschaft AG (‘Helvetia’, Switzerland), ultimately controlled by Helvetia Holding AG,










—


Caja de Seguros Reunidos, Compañía de Seguros y Reaseguros, S.A (‘CASER’, Spain).




Helvetia acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CASER.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


CASER: Spanish group focused on the insurance business, as well as the provision of healthcare services, dental clinics, or care home services.










—


Helvetia: Swiss all-lines insurer, also present in certain European Union Member States (such as Germany, Austria, France, Italy, and Spain). It is ultimately controlled by Helvetia Holding AG, a Swiss company listed in the Swiss stock exchange.






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.9772 – Helvetia/CASER
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 rates (Source: reference exchange rate published by the ECB.) 21 April 2020 2020/C 131/02
Date: 2020-04-22
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020131EN.01000201.xml










22.4.2020   


EN


Official Journal of the European Union


C 131/2






Euro exchange rates (1)

21 April 2020
(2020/C 131/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0837 




JPY


Japanese yen


116,39 




DKK


Danish krone


7,4582 




GBP


Pound sterling


0,88120 




SEK


Swedish krona


10,9543 




CHF


Swiss franc


1,0517 




ISK


Iceland króna


157,80 




NOK


Norwegian krone


11,4843 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,447 




HUF


Hungarian forint


355,02 




PLN


Polish zloty


4,5291 




RON


Romanian leu


4,8373 




TRY


Turkish lira


7,5658 




AUD


Australian dollar


1,7266 




CAD


Canadian dollar


1,5393 




HKD


Hong Kong dollar


8,3987 




NZD


New Zealand dollar


1,8181 




SGD


Singapore dollar


1,5510 




KRW


South Korean won


1 335,34 




ZAR


South African rand


20,5853 




CNY


Chinese yuan renminbi


7,6888 




HRK


Croatian kuna


7,5700 




IDR


Indonesian rupiah


17 001,63 




MYR


Malaysian ringgit


4,7634 




PHP


Philippine peso


55,096 




RUB


Russian rouble


83,2936 




THB


Thai baht


35,269 




BRL


Brazilian real


5,7619 




MXN


Mexican peso


26,3957 




INR


Indian rupee


83,3760 






(1)  Source: reference exchange rate published by the ECB.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (This version updates the Summary published in the OJ C 99 of 26 March 2020.) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1.)) (Text with EEA relevance) 2020/C 131/06
Date: 2020-04-22
Institutions: European Commission
Subjects: carcinogenic substance, chemical compound, chemical product, chromium, health control, health risk, market approval, marketing standard, medical device, metal coating








C_2020131EN.01001601.xml










22.4.2020   


EN


Official Journal of the European Union


C 131/16






Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (1)



(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (2))


(Text with EEA relevance)
(2020/C 131/06)

Decision partially granting an authorisation













Reference of the decision (3)



Date of decision


Substance name


Holder of the authorisation


Authorisation numbers


Authorised uses


Date of expiry of review period


Reasons for the decision




C(2020) 1655


19 March 2020


chromium trioxide EC No 215-607-8; CAS No 1333-82-0


HAPOC GmbH & Co KG, S.A, In der Neuen Welt 8, 87700 Memmingen, Germany


REACH/20/8/0


Use in solid form and in aqueous solution of any composition to modify the properties of surfaces made of brass or bronze for medical engineering products, exclusively for the final preparation of such surfaces and the transparent plating of an interior housing part of an anaesthesia evaporator for further incorporation into anaesthetic machines for hospitals and clinics


21 September 2029


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socio-economic benefits outweigh the risk to human health arising from the use of the substance and there are no suitable alternative substances or technologies.






(1)  This version updates the Summary published in the OJ C 99 of 26 March 2020.

(2)  OJ L 396, 30.12.2006, p. 1.

(3)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm
Case T-885/19 R: Order of the President of the General Court of 22 April 2020 — Aquind and Others v Commission (Application for interim relief — Energy — Trans-European energy infrastructure — Regulation (EU) No 347/2013 — Commission Delegated Regulation amending Regulation No 347/2013 — Application for suspension of operation — No urgency)
Date: 2020-04-22
Institutions: General Court
Subjects: France, United Kingdom, electrical energy, energy grid, energy law, project of common interest, trans-European network








C_2020201EN.01002501.xml










15.6.2020   


EN


Official Journal of the European Union


C 201/25






Order of the President of the General Court of 22 April 2020 — Aquind and Others v Commission
(Case T-885/19 R)
(Application for interim relief - Energy - Trans-European energy infrastructure - Regulation (EU) No 347/2013 - Commission Delegated Regulation amending Regulation No 347/2013 - Application for suspension of operation - No urgency)
(2020/C 201/36)
Language of the case: English

Parties


Applicants: Aquind Ltd. (Wallsend, United Kingdom), Aquind Energy Sàrl (Luxembourg, Luxembourg), Aquind SAS (Rouen, France) (represented by: S. Goldberg, C. Davis and J. Bille, Solicitors, and by E. White, lawyer)

Defendant: European Commission (represented by: O. Beynet, Y. Marinova and B. De Meester, acting as Agents)

Re:

Application pursuant to Articles 278 and 279 TFEU seeking the suspension of the operation of the Commission Delegated Regulation of 31 October 2019 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the list of projects of common interest of the Union.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-168/20: Reference for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales (United Kingdom) made on 22 April 2020 — Joint Trustee (1) in Bankruptcy of Mr M. and Joint Trustee (2) in Bankruptcy of Mr M. v Mrs M, MH, ILA and Mr M
Date: 2020-04-22
Institutions: Court of Justice
Subjects: United Kingdom, civil bankruptcy, financial solvency, freedom of movement, pension scheme, right of establishment








C_2020262EN.01001201.xml










10.8.2020   


EN


Official Journal of the European Union


C 262/12






Reference for a preliminary ruling from the High Court of Justice Business and Property Courts of England and Wales (United Kingdom) made on 22 April 2020 — Joint Trustee (1) in Bankruptcy of Mr M. and Joint Trustee (2) in Bankruptcy of Mr M. v Mrs M, MH, ILA and Mr M
(Case C-168/20)
(2020/C 262/15)
Language of the case: English

Referring court

High Court of Justice Business and Property Courts of England and Wales

Parties to the main proceedings


Applicants: Joint Trustee (1) in Bankruptcy of Mr M. and Joint Trustee (2) in Bankruptcy of Mr M.

Respondents: Mrs M, MH, ILA and Mr M

Questions referred







1)


Where a national of a Member State has exercised his rights under Articles 21, 49 TFEU and the Citizens’ Rights Directive (Parliament and Council Directive 2004/38/EC) (1) by moving to or establishing himself in the United Kingdom, is it compatible with those provisions for section 11 WRPA 1999 to make exclusion from bankruptcy of pension rights in a pension scheme, including those established and tax approved in another Member State, dependent on the pension scheme being, at the time of the bankruptcy, registered under s 153 FA 2004 or prescribed by regulation 2 of the 2002 Regulations and thus tax approved in the United Kingdom?










2)


In answering Question 1), is it relevant or necessary:






a)


to determine whether the individual moved to the United Kingdom in order, primarily, to declare his bankruptcy in the United Kingdom?










b)


to take into account (i) the protections which may be available to the bankrupt in respect of unapproved pension schemes under s 12 WRPA 1999 and (ii) the possibility for the trustees in bankruptcy to recover sums in respect of approved pension arrangements?










c)


to take into account the requirements to which pension schemes registered and tax approved in the United Kingdom are subject?










(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004, L 158, p. 77).
Non-opposition to a notified concentration (Case M.9517 — Mylan/Upjohn) (Text with EEA relevance) 2020/C 338/01
Date: 2020-04-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2020338EN.01000101.xml










12.10.2020   


EN


Official Journal of the European Union


C 338/1






Non-opposition to a notified concentration
(Case M.9517 — Mylan/Upjohn)
(Text with EEA relevance)
(2020/C 338/01)
On 22 April 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) in conjunction with Article 6(2) 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 32020M9517. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1.)) (Text with EEA relevance) 2020/C 131/05
Date: 2020-04-22
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: aerospace industry, chemical compound, chemical product, composite materials, dangerous substance, health control, health risk, market approval, marketing standard, metal coating








C_2020131EN.01001401.xml










22.4.2020   


EN


Official Journal of the European Union


C 131/14






Summary of European Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)


(Published pursuant to Article 64(9) of Regulation (EC) No 1907/2006 (1)
)


(Text with EEA relevance)
(2020/C 131/05)

Decisions granting an authorisation













Reference of the decision (2)



Date of decision


Substance name


Holder of the authorisation


Authorisation number


Authorised use


Date of expiry of review period


Reasons for the decision




C(2020) 2090


15 April 2020


Dichromium tris(chromate)
EC No 246-356-2, CAS No 24613-89-6


Henkel AG & Co. KGaA, Henkelstrasse 67, 40191 Düsseldorf, North-Rhine Westfalia, Germany


REACH/20/1/0


Formulation of mixtures intended exclusively for uses REACH/20/1/2 and REACH/20/1/3)


22 January 2026


In accordance with Article 60(4) of Regulation (EC) No 1907/2006, the socioeconomic benefits outweigh the risk to human health from the uses of the substance and there are no suitable alternative substances or technologies.




Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands


REACH/20/1/1


 


 


 




Henkel AG & Co. KGaA, Henkelstrasse 67, 40191 Düsseldorf, North-Rhine Westfalia, Germany


REACH/20/1/2


Surface treatment of metals (such as aluminium, steel, zinc, magnesium, titanium, alloys), composites and sealings of anodic films for the aerospace sector in surface treatment processes in which any of the key functionalities listed in the Annex is required


 


 




Henkel Global Supply Chain B.V., Gustav Mahlerlaan 2970, 1081 LA Amsterdam, Netherlands


REACH/20/1/3


 


 


 






(1)  OJ L 396, 30.12.2006, p. 1.

(2)  The decision is available on the European Commission website at: http://ec.europa.eu/growth/sectors/chemicals/reach/about/index_en.htm