do-me/EUR-LEX huggingface dataset:
Case C-458/20 P: Appeal brought on 21 September 2020 by CA Consumer Finance against the judgment of the General Court (Second Chamber enlarged) delivered on 8 July 2020 in Case T–578/18, CA Consumer Finance v ECB
Date: 2020-09-21
Institutions: Court of Justice
Subjects: EU banking union, banking supervision, credit institution, equal treatment, financial requirements, principle of legal certainty, principle of proportionality, sanction (EU)








C_2020433EN.01002801.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/28






Appeal brought on 21 September 2020 by CA Consumer Finance against the judgment of the General Court (Second Chamber enlarged) delivered on 8 July 2020 in Case T–578/18, CA Consumer Finance v ECB
(Case C-458/20 P)
(2020/C 433/35)
Language of the case: French

Parties


Appellant: CA Consumer Finance (represented by: A. Champsaur and A. Delors, avocates)

Other party to the proceedings: European Central Bank

Form of order sought







—


Set aside paragraph 2 of the operative part of the judgment of the General Court of 8 July 2020 in Case T–578/18, CA Consumer Finance v ECB dismissing the remainder of the appellant’s claims to annul ECB Decision ECB/SSM/2018-FRCAG-77 of 16 July 2018;










—


Grant in its entirety the form of order sought by CA Consumer Finance at first instance before the General Court; and










—


Order the ECB to pay all the costs.





Grounds of appeal and main arguments

By the three grounds of appeal, the appellant claims that:






(1)


the General Court erred in law and infringed the obligation to state reasons by failing to reply to the plea based on the infringement of the principle of legal certainty by Decision ECB/SSM/2018-FRCAG-77 and infringed the principle of legal certainty by holding that there had been a breach of Article 26(3) of Regulation No (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firm while expressly acknowledging the lack of clarity of that provision;










(2)


the General Court infringed Article 18(1) of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions, as well as the obligation to state reasons, by failing to show negligent conduct on the part of the appellant;










(3)


the General Court erred in law and infringed the obligation to state reasons by failing to reply to the plea alleging infringement by decision ECB/SSM/2018-FRCAG-77 of the principle of proportionality and the principle of equal treatment, and infringed those two principles by implicitly holding that the penalty was well founded in principle.
Case C-443/20: Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 September 2020 — Flightright GmbH v Ryanair Designated Activity Company
Date: 2020-09-21
Institutions: Court of Justice
Subjects: airline, carriage of passengers, carrier, indemnification, staff, strike, trade union, transport regulations, traveller








C_2020433EN.01002202.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/22






Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 September 2020 — Flightright GmbH v Ryanair Designated Activity Company
(Case C-443/20)
(2020/C 433/27)
Language of the case: German

Referring court

Amtsgericht Nürnberg

Parties to the main proceedings


Applicant: Flightright GmbH

Defendant: Ryanair Designated Activity Company

Questions referred







1.


Does a trade union-organised strike by an operating air carrier’s own staff constitute ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation (EC) No 261/2004 (1)?










2.


Is it of any significance that the strike was held in connection with staff demands not previously agreed by contract between the staff and the operating air carrier?










3.


Is it of any significance that the strike in question was triggered by the operating air carrier’s conduct during negotiations with the trade union?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Council Decision (CFSP) 2020/1313 of 21 September 2020 amending Decision (CFSP) 2020/489 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues
Date: 2020-09-21
Institutions: Council of the European Union
Subjects: Kosovo, Kosovo question, Serbia, appointment of members, diplomatic representation, settlement of disputes, the EU's international role




L_2020308EN.01000401.xml










22.9.2020   


EN


Official Journal of the European Union


L 308/4








            COUNCIL DECISION (CFSP) 2020/1313
of 21 September 2020
         
amending Decision (CFSP) 2020/489 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 2 April 2020, the Council adopted Decision (CFSP) 2020/489 (1), appointing Mr Miroslav LAJČÁK as European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues (the 'EUSR'). The EUSR's mandate is to expire on 31 March 2021.












(2)


Following the relaunch of the Belgrade-Pristina Dialogue in July 2020, additional staff should be recruited to the EUSR's team. The financial reference amount should therefore be adapted accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 5 of Decision (CFSP) 2020/489, paragraph 1 is replaced by the following:


'1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR for the period from 2 April 2020 to 31 March 2021 shall be EUR 1 350 000.'.




Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 21 September 2020.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision (CFSP) 2020/489 of 2 April 2020 appointing the European Union Special Representative for the Belgrade-Pristina Dialogue and other Western Balkan regional issues (OJ L 105, 3.4.2020, p. 3).
Council Decision (CFSP) 2020/1312 of 21 September 2020 amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic
Date: 2020-09-21
Institutions: Council of the European Union
Subjects: Central African Republic, EU restrictive measure, arms control, arms trade, economic sanctions, international sanctions, military equipment, trade restriction








L_2020308EN.01000301.xml










22.9.2020   


EN


Official Journal of the European Union


L 308/3








            COUNCIL DECISION (CFSP) 2020/1312
of 21 September 2020
         
amending Decision 2013/798/CFSP concerning restrictive measures against the Central African Republic


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 23 December 2013, the Council adopted Decision 2013/798/CFSP (1), concerning restrictive measures against the Central African Republic.












(2)


On 28 July 2020, the United Nations Security Council adopted Resolution 2536 (2020), which extends the exemptions to the arms embargo.












(3)


Further action by the Union is needed in order to implement certain measures.












(4)


Decision 2013/798/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 2(1) of Decision 2013/798/CFSP, points (g) and (h) are replaced by the following:






‘(g)


the sale, supply, transfer or export of weapons with a calibre of 14,5 mm or less and ammunition and components specially designed for such weapons, and of unarmed ground military vehicles and ground military vehicles mounted with weapons with a calibre of 14,5 mm or less, and their spare parts, and of rocket-propelled grenades, and ammunition specially designed for such weapons, and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such weapons, ammunition, components and vehicles are intended solely for support of, or use in, the CAR process of SSR, as notified in advance to the Committee;










(h)


the sale, supply or export of arms and other related lethal equipment that are not listed in point (g) of Article 2(1), and the provision of related assistance, to the CAR security forces, including state civilian law enforcement institutions, where such arms and equipment are intended solely for support of, or use in, the CAR process of SSR, as approved in advance by the Committee; or’.






Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 21 September 2020.


For the Council


The President

J. BORRELL FONTELLES
            





(1)  Council Decision 2013/798/CFSP of 23 December 2013 concerning restrictive measures against the Central African Republic (OJ L 352, 24.12.2013, p. 51).
Non-opposition to a notified concentration (Case M.9883 — INEOS/BP Chemicals Business) (Text with EEA relevance) 2020/C 402/01
Date: 2020-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, organic chemical, petrochemicals, special chemicals








C_2020402EN.01000101.xml










25.11.2020   


EN


Official Journal of the European Union


C 402/1






Non-opposition to a notified concentration
(Case M.9883 — INEOS/BP Chemicals Business)
(Text with EEA relevance)
(2020/C 402/01)
On 21 September 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 32020M9883. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 September 2020 2020/C 312/02
Date: 2020-09-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020312EN.01000201.xml










21.9.2020   


EN


Official Journal of the European Union


C 312/2






Euro exchange rates (1)

18 September 2020
(2020/C 312/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1833 




JPY


Japanese yen


123,49 




DKK


Danish krone


7,4403 




GBP


Pound sterling


0,91318 




SEK


Swedish krona


10,3990 




CHF


Swiss franc


1,0776 




ISK


Iceland króna


160,80 




NOK


Norwegian krone


10,7538 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,727 




HUF


Hungarian forint


360,78 




PLN


Polish zloty


4,4602 




RON


Romanian leu


4,8580 




TRY


Turkish lira


8,9600 




AUD


Australian dollar


1,6242 




CAD


Canadian dollar


1,5601 




HKD


Hong Kong dollar


9,1707 




NZD


New Zealand dollar


1,7489 




SGD


Singapore dollar


1,6082 




KRW


South Korean won


1 375,96 




ZAR


South African rand


19,1520 




CNY


Chinese yuan renminbi


8,0146 




HRK


Croatian kuna


7,5415 




IDR


Indonesian rupiah


17 435,93 




MYR


Malaysian ringgit


4,8687 




PHP


Philippine peso


57,306 




RUB


Russian rouble


89,1439 




THB


Thai baht


36,889 




BRL


Brazilian real


6,2176 




MXN


Mexican peso


24,7344 




INR


Indian rupee


87,0140 






(1)  Source: reference exchange rate published by the ECB.
Case C-442/20: Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 September 2020 — Flightright GmbH v Ryanair Designated Activity Company
Date: 2020-09-21
Institutions: Court of Justice
Subjects: airline, carriage of passengers, carrier, indemnification, staff, strike, trade union, transport regulations, traveller








C_2020433EN.01002201.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/22






Request for a preliminary ruling from the Amtsgericht Nürnberg (Germany) lodged on 21 September 2020 — Flightright GmbH v Ryanair Designated Activity Company
(Case C-442/20)
(2020/C 433/26)
Language of the case: German

Referring court

Amtsgericht Nürnberg

Parties to the main proceedings


Applicant: Flightright GmbH

Defendant: Ryanair Designated Activity Company

Questions referred







1.


Does a trade union-organised strike by an operating air carrier’s own staff constitute ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation (EC) No 261/2004? (1)











2.


Is it of any significance that the strike was held in connection with staff demands not previously agreed by contract between the staff and the operating air carrier?










3.


Is it of any significance that the strike in question was triggered by the operating air carrier’s conduct during negotiations with the trade union?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).
Initiation of proceedings (Case M.9820 — Danfoss/Eaton Hydraulics) (Text with EEA relevance) 2020/C 317/03
Date: 2020-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, industrial equipment, machinery, merger control, renewable energy, technology








C_2020317EN.01000401.xml










25.9.2020   


EN


Official Journal of the European Union


C 317/4






Initiation of proceedings
(Case M.9820 — Danfoss/Eaton Hydraulics)
(Text with EEA relevance)
(2020/C 317/03)
On 21 September 2020, the Commission decided to initiate proceedings in the abovementioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.9820 — Danfoss/Eaton Hydraulics, to the following 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’).