do-me/EUR-LEX huggingface dataset:
Draft Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2019 evaluation of Iceland (revisit) on the application of the Schengen acquis in the field of management of the external border
Date: 2020-09-28
Institutions: Council of the European Union
Subjects: Iceland, Schengen Agreement, evaluation method, external border of the EU

1. 

Following the Council's adoption of Regulation (EU) No 1053/2013 establishing an 

evaluation and monitoring mechanism to verify the application of the Schengen acquis, a 

team of experts from the Member States and the Commission carried out an evaluation of 

Iceland on the application of the Schengen acquis in the field of management of the external 

border in 2019. 

2. 

In accordance with that Regulation, the Commission submitted to the Council a proposal for a 

Council Implementing Decision setting out a Recommendation designed to address the 

deficiencies identified in the course of the evaluation and ensure that Iceland applies all 

Schengen rules related to the management of the external border correctly and effectively. 

10985/20  

JAI.B 

EN/mdc 

1 
EN 

  Council of the European Union        Brussels, 28 September 2020 (OR. en)   10985/20     SCH-EVAL 117 FRONT 255 COMIX 406   Interinstitutional File: 2020/0168(NLE)     'I/A' ITEM NOTE From: General Secretariat of the Council To: Permanent Representatives Committee/Council No. prev. doc.: 10985/20 Subject: Draft Council Implementing Decision setting out a recommendation on addressing the deficiencies identified in the 2019 evaluation of Iceland (revisit) on the application of the Schengen acquis in the field of management of the external border    
 
 
 
 
 
 
3. 

The Working Party for Schengen Matters (Evaluation), including the Mixed Committee 

partners Norway, Iceland, Switzerland and Liechtenstein, approved the proposal for the 

Council Implementing Decision setting out a Recommendation on 15 September 2020. 

4. 

The Permanent Representatives Committee is therefore asked to recommend that the Council 

adopt the draft Council Implementing Decision, as set out in 10984/20, as an 'A' item at a 

forthcoming meeting. 

10985/20  

JAI.B 

EN/mdc 

2 
EN
Case C-482/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Snaitech SpA, formerly Snai SpA v Agenzia delle Dogane e dei Monopoli
Date: 2020-09-28
Institutions: Court of Justice
Subjects: automatic game, freedom to provide services, gaming establishment, right of establishment, service concession








C_2021028EN.01001502.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/15






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Snaitech SpA, formerly Snai SpA v Agenzia delle Dogane e dei Monopoli
(Case C-482/20)
(2021/C 28/23)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Snaitech SpA, formerly Snai SpA

Respondent: Agenzia delle Dogane e dei Monopoli

Questions referred







1.


Is the introduction of a provision, such as that contained in Article 1(649) of Law 190/14, which reduces commission and fees only in respect of a specific and limited category of operator, namely operators of games played on gaming machines, and not all operators in the gaming sector, compatible with the exercise of the freedom of establishment guaranteed by Article 49 TFEU and with the exercise of the freedom to provide services guaranteed by Article 56 TFEU?










2.


Is the introduction of the abovementioned provision contained in Article 1(649) of Law 190/14, which for economic reasons alone reduced the fees agreed to in a concession agreement concluded between a company and an Italian State authority during the term of that agreement, compatible with the EU-law principle of the protection of legitimate expectations?
Prior notification of a concentration (Case M.9959 — Advent/Aareal/Aareon) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 319/03
Date: 2020-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, healthcare industry, housing cooperative, information technology industry, investment company, merger control, pharmaceutical industry, real estate business, retail trade, telecommunications








C_2020319EN.01000301.xml










28.9.2020   


EN


Official Journal of the European Union


C 319/3






Prior notification of a concentration
(Case M.9959 — Advent/Aareal/Aareon)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 319/03)

1.   
On 18 September 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:






—


Advent International Corporation (‘Advent International’, USA),










—


Aareal Bank AG (‘Aareal Bank’, Germany),










—


Aareon AG (‘Aareon’, Germany), controlled by Aareal Bank.




Advent International and Aareal Bank acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of Aareon.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Advent International: private equity investor active in various sectors, including industrial, retail, media, communications, information technology, internet, healthcare and pharmaceuticals,










—


for Aareal Bank: provider of financing, software products and digital solutions for the real estate industry and related industries,










—


for Aareon: provider of software solutions and ancillary services (consulting, trainings and data centre services) for housing associations.






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 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.9959 — Advent/Aareal/Aareon
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.
Case T-592/20: Action brought on 28 September 2020 — Univers Agro v EUIPO — Shandong Hengfeng Rubber & Plastic (AGATE)
Date: 2020-09-28
Institutions: General Court
Subjects: EU trade mark, pneumatic tyre, registered trade mark, trade-mark law, vehicle parts








C_2020390EN.01004101.xml










16.11.2020   


EN


Official Journal of the European Union


C 390/41






Action brought on 28 September 2020 — Univers Agro v EUIPO — Shandong Hengfeng Rubber & Plastic (AGATE)
(Case T-592/20)
(2020/C 390/59)
Language of the case: English

Parties


Applicant: Univers Agro EOOD (Sofia, Bulgaria) (represented by: C. Hernández-Martí Pérez, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Shandong Hengfeng Rubber & Plastic Co. Ltd (Dongying, China)

Details of the proceedings before EUIPO


Proprietor of the trademark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark AGATE — European Union trade mark No 16 440 596

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 July 2020 in Case R 725/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


declares the EUTM No 16 440 596 as a valid trade mark;










—


order EUIPO, and if applicable, the intervener, to pay the costs.





Pleas in law







—


Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by considering the EUTM proprietor acted in bad faith when the application for the mark was filed;










—


Infringement of Article 60(1)(c) in conjunction with Article 8(4) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Case C-504/20 P: Appeal brought on 28 September 2020 by Lukáš Wagenknecht against the order of the General Court (Eighth Chamber) delivered on 17 July 2020 in Case T-715/19, Wagenknecht v European Council
Date: 2020-09-28
Institutions: Court of Justice
Subjects: Czechia, conflict of interest, financial regulation, fraud against the EU, head of government, multiannual financial framework, operation of the Institutions








C_2021217EN.01001602.xml










7.6.2021   


EN


Official Journal of the European Union


C 217/16






Appeal brought on 28 September 2020 by Lukáš Wagenknecht against the order of the General Court (Eighth Chamber) delivered on 17 July 2020 in Case T-715/19, Wagenknecht v European Council
(Case C-504/20 P)
(2021/C 217/23)
Language of the case: English

Parties


Appellant: Lukáš Wagenknecht (represented by: A. Koller, advokátka)

Other party to the proceedings: European Council
By order of 14 April 2021, the Court of Justice (Eighth Chamber) held that the appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded and that Mr Lukáš Wagenknecht shall bear his own costs.
Case C-471/20: Request for a preliminary ruling from the Cour du travail de Mons (Belgium) lodged on 28 September 2020 — Centre d’enseignement secondaire Saint-Vincent de Soignies ASBL v FS
Date: 2020-09-28
Institutions: Court of Justice
Subjects: arrangement of working time, boarding school, night work, rest period, teacher








C_2021009EN.01000801.xml










11.1.2021   


EN


Official Journal of the European Union


C 9/8






Request for a preliminary ruling from the Cour du travail de Mons (Belgium) lodged on 28 September 2020 — Centre d’enseignement secondaire Saint-Vincent de Soignies ASBL v FS
(Case C-471/20)
(2021/C 9/12)
Language of the case: French

Referring court

Cour du travail de Mons

Parties to the main proceedings


Applicant: Centre d’enseignement secondaire Saint-Vincent de Soignies ASBL

Defendant: FS

Questions referred







1.


Can the work of a teacher at a boarding school, who works, inter alia, at night, be covered by the derogations provided for in Article 17(3)(b) of Directive 2003/88/EC (1)?










2.


Can it be considered, without depriving the rights conferred by Directive 2003/88/EC of practical effect, that, in the context of Article 18 of Directive 2003/88/EC, with respect to a reference period of 12 months, it is permissible for compensatory rest not to be granted expressly and that compensatory rest is, where applicable, granted automatically to a worker in the education sector, such as a teacher at a boarding school, who works, inter alia, at night, on the understanding that periods of school holiday, in particular those in the summer, compensate even for the most extensive extra work carried out by that worker?






(1)  Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).
Case C-481/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Snaitech SpA, formerly Cogetech SpA v Agenzia delle Dogane e dei Monopoli, Presidenza del Consiglio dei Ministri, Se. Ma. di Francesco Senese
Date: 2020-09-28
Institutions: Court of Justice
Subjects: automatic game, freedom to provide services, gaming establishment, right of establishment, service concession








C_2021028EN.01001501.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/15






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Snaitech SpA, formerly Cogetech SpA v Agenzia delle Dogane e dei Monopoli, Presidenza del Consiglio dei Ministri, Se. Ma. di Francesco Senese
(Case C-481/20)
(2021/C 28/22)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Snaitech SpA, formerly Cogetech SpA

Respondents: Agenzia delle Dogane e dei Monopoli, Presidenza del Consiglio dei Ministri, Se. Ma. di Francesco Senese

Questions referred







1.


Is the introduction of a provision, such as that contained in Article 1(649) of Law 190/14, which reduces commission and fees only in respect of a specific and limited category of operator, namely operators of games played on gaming machines, and not all operators in the gaming sector, compatible with the exercise of the freedom of establishment guaranteed by Article 49 TFEU and with the exercise of the freedom to provide services guaranteed by Article 56 TFEU?










2.


Is the introduction of the abovementioned provision contained in Article 1(649) of Law 190/14, which for economic reasons alone reduced the fees agreed to in a concession agreement concluded between a company and an Italian State authority during the term of that agreement, compatible with the EU-law principle of the protection of legitimate expectations?
Case C-476/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli
Date: 2020-09-28
Institutions: Court of Justice
Subjects: automatic game, freedom to provide services, gaming establishment, right of establishment, service concession








C_2021028EN.01001201.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/12






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Cirsa Italia SpA v Agenzia delle Dogane e dei Monopoli
(Case C-476/20)
(2021/C 28/17)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Cirsa Italia SpA

Respondent: Agenzia delle Dogane e dei Monopoli

Questions referred







1.


Is the introduction of a provision, such as that contained in Article 1(649) of Law 190/14, which reduces commission and fees only in respect of a specific and limited category of operator, namely operators of games played on gaming machines, and not all operators in the gaming sector, compatible with the exercise of the freedom of establishment guaranteed by Article 49 TFEU and with the exercise of the freedom to provide services guaranteed by Article 56 TFEU?










2.


Is the introduction of the abovementioned provision contained in Article 1(649) of Law 190/14, which for economic reasons alone reduced the fees agreed to in a concession agreement concluded between a company and an Italian State authority during the term of that agreement, compatible with the EU-law principle of the protection of legitimate expectations?
Case C-475/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Admiral Gaming Network Srl v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidente del Consiglio dei Ministri
Date: 2020-09-28
Institutions: Court of Justice
Subjects: automatic game, freedom to provide services, gaming establishment, right of establishment, service concession








C_2021028EN.01001102.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/11






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Admiral Gaming Network Srl v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidente del Consiglio dei Ministri
(Case C-475/20)
(2021/C 28/16)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Admiral Gaming Network Srl

Respondents: Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidente del Consiglio dei Ministri

Questions referred







1.


Is the introduction of a provision, such as that contained in Article 1(649) of Law 190/14, which reduces commission and fees only in respect of a specific and limited category of operator, namely operators of games played on gaming machines, and not all operators in the gaming sector, compatible with the exercise of the freedom of establishment guaranteed by Article 49 TFEU and with the exercise of the freedom to provide services guaranteed by Article 56 TFEU?










2.


Is the introduction of the abovementioned provision contained in Article 1(649) of Law 190/14, which for economic reasons alone reduced the fees agreed to in a concession agreement concluded between a company and an Italian State authority during the term of that agreement, compatible with the EU-law principle of the protection of legitimate expectations?