do-me/EUR-LEX huggingface dataset:
Decision of the EEA Joint Committee No 53/2020 of 30 April 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/478]
Date: 2020-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, import (EU), organic product, originating product, revision of an agreement, surveillance concerning imports, third country




L_2023072EN.01001201.xml










9.3.2023   


EN


Official Journal of the European Union


L 72/12








            DECISION OF THE EEA JOINT COMMITTEE No 53/2020
of 30 April 2020
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/478]


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 Implementing Regulation (EU) 2019/446 of 19 March 2019 amending and correcting Regulation (EC) No 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No 834/2007 as regards the arrangements for imports of organic products from third countries (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 54bb (Commission Regulation (EC) No 1235/2008) of Chapter XII of Annex II to the EEA Agreement:






‘—



32019 R 0446: Commission Implementing Regulation (EU) 2019/446 of 19 March 2019 (OJ L 77, 20.3.2019, p. 67).’






Article 2
The text of Implementing Regulation (EU) 2019/446 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 1 May 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 30 April 2020.


For the EEA Joint Committee


The President

Clara GANSLANDT
            





(1)  
            OJ L 77, 20.3.2019, p. 67.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 55/2020 of 30 April 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/480]
Date: 2020-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, food contamination, food inspection, food safety, food supplement, foodstuff, marketing standard, revision of an agreement, rice, toxic substance




L_2023072EN.01001501.xml










9.3.2023   


EN


Official Journal of the European Union


L 72/15








            DECISION OF THE EEA JOINT COMMITTEE No 55/2020
of 30 April 2020
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/480]


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) 2019/1901 of 7 November 2019 amending Regulation (EC) No 1881/2006 as regards maximum levels of citrinin in food supplements based on rice fermented with red yeast Monascus purpureus (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 54zzzz (Commission Regulation (EC) No 1881/2006) of Chapter XII of Annex II to the EEA Agreement:






‘—



32019 R 1901: Commission Regulation (EU) 2019/1901 of 7 November 2019 (OJ L 293, 14.11.2019, p. 2).’






Article 2
The text of Regulation (EU) 2019/1901 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 1 May 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 30 April 2020.


For the EEA Joint Committee


The President

Clara GANSLANDT
            





(1)  
            OJ L 293, 14.11.2019, p. 2.

(*)  No constitutional requirements indicated.
Case C-565/18: Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia — Italy) — Société Générale S.A. v Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso (Reference for a preliminary ruling — Article 63 TFEU — Free movement of capital — Financial transaction tax — Transactions in derivative financial instruments having as an underlying security a security issued by a company resident in the Member State of taxation — Tax due regardless of the place of conclusion of the transaction — Administrative and declaratory obligations)
Date: 2020-04-30
Institutions: Court of Justice
Subjects: establishment, financial derivative, financial transaction, free movement of capital, securities, tax collection, tax law, tax on capital, taxpayer








C_2020240EN.01000501.xml










20.7.2020   


EN


Official Journal of the European Union


C 240/5






Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Commissione Tributaria Regionale per la Lombardia — Italy) — Société Générale S.A. v Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso
(Case C-565/18) (1)

(Reference for a preliminary ruling - Article 63 TFEU - Free movement of capital - Financial transaction tax - Transactions in derivative financial instruments having as an underlying security a security issued by a company resident in the Member State of taxation - Tax due regardless of the place of conclusion of the transaction - Administrative and declaratory obligations)
(2020/C 240/06)
Language of the case: Italian

Referring court

Commissione Tributaria Regionale per la Lombardia

Parties to the main proceedings


Applicant: Société Générale S.A.

Defendant: Agenzia delle Enrate — Direzione Regionale Lombardia Ufficio Contenzioso

Operative part of the judgment

Article 63 TFEU must be interpreted as not precluding legislation of a Member State which imposes a tax on financial transactions involving derivative financial instruments to be paid by the parties to the transaction, regardless of the place where the transaction took place or of the State of residence of those parties and of any intermediary involved in the execution of that transaction, provided that those instruments have as an underlying security a security issued by a company incorporated in that Member State. The administrative and declaratory obligations accompanying that tax incumbent upon non-resident entities, however, must not go beyond what is necessary to recover that tax.


(1)  OJ C 436, 3.12.2018.
Case C-650/17: Judgment of the Court (Fourth Chamber) of 30 April 2020 (request for a preliminary ruling from the Bundespatentgericht — Germany) — Royalty Pharma Collection Trust v Deutsches Patent- und Markenamt (Reference for a preliminary ruling — Intellectual and industrial property — Regulation (EC) No 469/2009 — Supplementary protection certificate for medicinal products — Conditions for obtaining such a certificate — Article 3(a) — Concept of a ‘product protected by a basic patent in force’ — Assessment criteria)
Date: 2020-04-30
Institutions: Court of Justice
Subjects: drug surveillance, invention, medicinal product, patent








C_2020240EN.01000201.xml










20.7.2020   


EN


Official Journal of the European Union


C 240/2






Judgment of the Court (Fourth Chamber) of 30 April 2020 (request for a preliminary ruling from the Bundespatentgericht — Germany) — Royalty Pharma Collection Trust v Deutsches Patent- und Markenamt
(Case C-650/17) (1)

(Reference for a preliminary ruling - Intellectual and industrial property - Regulation (EC) No 469/2009 - Supplementary protection certificate for medicinal products - Conditions for obtaining such a certificate - Article 3(a) - Concept of a ‘product protected by a basic patent in force’ - Assessment criteria)
(2020/C 240/02)
Language of the case: German

Referring court

Bundespatentgericht

Parties to the main proceedings


Applicant: Royalty Pharma Collection Trust

Defendant: Deutsches Patent- und Markenamt

Operative part of the judgment







1.


Article 3(a) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that a product is protected by a basic patent in force, within the meaning of that provision, if it corresponds to a general functional definition used by one of the claims of the basic patent and necessarily comes within the scope of the invention covered by that patent, but is not otherwise indicated in individualised form as a specific embodiment of the method of that patent, provided that it is specifically identifiable, in the light of all the information disclosed by that patent, by a person skilled in the art, based on that person’s general knowledge in the relevant field at the filing date or priority date of the basic patent and on the prior art at that date.










2.


Article 3(a) of Regulation No 469/2009 must be interpreted as meaning that a product is not protected by a basic patent in force, within the meaning of that provision, if, although it is covered by the functional definition given in the claims of that patent, it was developed after the filing date of the application for the basic patent, following an independent inventive step.






(1)  OJ C 52, 12.2.2018.
Case C-627/18: Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra — Portugal) — Nelson Antunes da Cunha, Lda v Instituto de Financiamento da Agricultura e Pescas IP (IFAP) (Reference for a preliminary ruling — State aids — Article 108 TFEU — Aid scheme incompatible with the internal market — European Commission decision ordering the recovery of unlawful aid — Regulation (EU) 2015/1589 — Article 17(1) — Limitation period of 10 years — Application to the Commission’s recovery powers — Article 16(2) and (3) — Limitation period of a lesser duration provided for by national law — Principle of effectiveness)
Date: 2020-04-30
Institutions: Court of Justice
Subjects: State aid, control of State aid, interest, limitation of legal proceedings, reimbursement of aid








C_2020240EN.01000802.xml










20.7.2020   


EN


Official Journal of the European Union


C 240/8






Judgment of the Court (Second Chamber) of 30 April 2020 (request for a preliminary ruling from the Tribunal Administrativo e Fiscal de Coimbra — Portugal) — Nelson Antunes da Cunha, Lda v Instituto de Financiamento da Agricultura e Pescas IP (IFAP)
(Case C-627/18) (1)

(Reference for a preliminary ruling - State aids - Article 108 TFEU - Aid scheme incompatible with the internal market - European Commission decision ordering the recovery of unlawful aid - Regulation (EU) 2015/1589 - Article 17(1) - Limitation period of 10 years - Application to the Commission’s recovery powers - Article 16(2) and (3) - Limitation period of a lesser duration provided for by national law - Principle of effectiveness)
(2020/C 240/10)
Language of the case: Portuguese

Referring court

Tribunal Administrativo e Fiscal de Coimbra

Parties to the main proceedings


Applicant: Nelson Antunes da Cunha, Lda

Defendant: Instituto de Financiamento da Agricultura e Pescas IP (IFAP)

Operative part of the judgment







1.


Article 17(1) of 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 must be interpreted as meaning that the limitation period of 10 years laid down in that provision for the exercise of the European Commission’s powers to recover aid applies only to relations between the Commission and the Member State to which the recovery decision emanating from that institution is addressed;










2.


Article 16(2) of Regulation 2015/1589, under which the aid to be recovered is to include interest, and the principle of effectiveness laid down in Article 16(3) of that regulation, must be interpreted as precluding the application of a national limitation period for the recovery of aid where that period expired even before the adoption of the Commission’s decision declaring that aid unlawful and ordering its recovery or where that limitation period has elapsed, mainly by reason of the delay by the national authorities in implementing that decision.






(1)  OJ C 455, 17.12.2018.
Case T-603/18: Order of the General Court of 30 April 2020 — ZE v Parlement
Date: 2020-04-30
Institutions: General Court
Subjects: administrative procedure, confidentiality, protection of privacy, right to justice, rights of the defence, workplace








C_2020240EN.01003603.xml










20.7.2020   


EN


Official Journal of the European Union


C 240/36






Order of the General Court of 30 April 2020 — ZE v Parlement
(Case T-603/18) (1)

(2020/C 240/48)
Language of the case: Greek
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 436, 3.12.2018.
Decision of the EEA Joint Committee No 54/2020 of 30 April 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/479]
Date: 2020-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, condiment, food contamination, food safety, foodstuff, foodstuffs legislation, marketing standard, organic acid, revision of an agreement, stone fruit, vegetable fats




L_2023072EN.01001401.xml










9.3.2023   


EN


Official Journal of the European Union


L 72/14








            DECISION OF THE EEA JOINT COMMITTEE No 54/2020
of 30 April 2020
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/479]


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) 2019/1870 of 7 November 2019 amending and correcting Regulation (EC) No 1881/2006 as regards maximum levels of erucic acid and hydrocyanic acid in certain foodstuffs (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 54zzzz (Commission Regulation (EC) No 1881/2006) of Chapter XII of Annex II to the EEA Agreement:






‘—



32019 R 1870: Commission Regulation (EU) 2019/1870 of 7 November 2019 (OJ L 289, 8.11.2019, p. 37).’






Article 2
The text of Regulation (EU) 2019/1870 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 1 May 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 30 April 2020.


For the EEA Joint Committee


The President

Clara GANSLANDT
            





(1)  
            OJ L 289, 8.11.2019, p. 37.

(*)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 56/2020 of 30 April 2020 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/481]
Date: 2020-04-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, consumer protection, food additive, food safety, foodstuff, human nutrition, labelling, public health, revision of an agreement, single market




L_2023072EN.01001701.xml










9.3.2023   


EN


Official Journal of the European Union


L 72/17








            DECISION OF THE EEA JOINT COMMITTEE No 56/2020
of 30 April 2020
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2023/481]


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) 2019/1676 of 7 October 2019 correcting certain language versions of Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (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 54zzzzr (Regulation (EC) No 1333/2008 of the European and of the Council) of Chapter XII of Annex II to the EEA Agreement:






‘—



32019 R 1676: Commission Regulation (EU) 2019/1676 of 7 October 2019 (OJ L 257, 8.10.2019, p. 11).’






Article 2
The text of Regulation (EU) 2019/1676 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 1 May 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).


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, 30 April 2020.


For the EEA Joint Committee


The President

Clara GANSLANDT
            





(1)  
            OJ L 257, 8.10.2019, p. 11.

(*)  No constitutional requirements indicated.
Case C-772/18: Judgment of the Court (Tenth Chamber) of 30 April 2020 (request for a preliminary ruling from the Korkein oikeus — Finland) — A v B (Reference for a preliminary ruling — Trade marks — Directive 2008/95/EC — Article 5(1) — Article 5(3)(b)and (c) — Infringement — Concept of ‘use in the course of trade’ — Goods released for free circulation — Imports — Storage — Retention of goods for marketing — Exports)
Date: 2020-04-30
Institutions: Court of Justice
Subjects: EU trade mark, free circulation, import (EU), marketing, registered trade mark, storage, trade-mark law








C_2020240EN.01001301.xml










20.7.2020   


EN


Official Journal of the European Union


C 240/13






Judgment of the Court (Tenth Chamber) of 30 April 2020 (request for a preliminary ruling from the Korkein oikeus — Finland) — A v B
(Case C-772/18) (1)

(Reference for a preliminary ruling - Trade marks - Directive 2008/95/EC - Article 5(1) - Article 5(3)(b)and (c) - Infringement - Concept of ‘use in the course of trade’ - Goods released for free circulation - Imports - Storage - Retention of goods for marketing - Exports)
(2020/C 240/16)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Applicant: A

Defendant: B

Operative part of the judgment

Article 5(1) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, read in conjunction with Article 5(3)(b) and (c) of that directive, must be interpreted as meaning that a person who does not engage in trade as an occupation, who takes delivery of, releases for free circulation in a Member State and retains goods that are manifestly not intended for private use, where those goods were sent to his or her address from a third country and where a trade mark, without the consent of the proprietor of that trade mark, is affixed to those goods, must be regarded as using that trade mark in the course of trade, within the meaning of Article 5(1) of that directive.


(1)  OJ C 72, 25.2.2019.
Non-opposition to a notified concentration (Case M.9804 – Saudi Aramco Development/Baker Hughes/JV) (Text with EEA relevance) 2020/C 227/03
Date: 2020-04-30
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, gas industry, industrial production, merger control, oil industry, petrochemicals








C_2020227EN.01000301.xml










10.7.2020   


EN


Official Journal of the European Union


C 227/3






Non-opposition to a notified concentration
(Case M.9804 – Saudi Aramco Development/Baker Hughes/JV)
(Text with EEA relevance)
(2020/C 227/03)
On 30 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) 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 32020M9804. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.