do-me/EUR-LEX huggingface dataset:
Case C-479/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — NTS Network 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.01001401.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/14






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — NTS Network SpA v Agenzia delle Dogane e dei Monopoli
(Case C-479/20)
(2021/C 28/20)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: NTS Network 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 T-591/20: Action brought on 28 September 2020 — Unimax Stationery v EUIPO — Mitsubishi Pencil (UNI-MAX)
Date: 2020-09-28
Institutions: General Court
Subjects: EU trade mark, office equipment, registered trade mark, trade-mark law








C_2020390EN.01004002.xml










16.11.2020   


EN


Official Journal of the European Union


C 390/40






Action brought on 28 September 2020 — Unimax Stationery v EUIPO — Mitsubishi Pencil (UNI-MAX)
(Case T-591/20)
(2020/C 390/58)
Language of the case: English

Parties


Applicant: Unimax Stationery (Daman, India) (represented by: A. Hempel and C. Schmidt, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Mitsubishi Pencil Co. Ltd (Tokyo, Japan)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union figurative mark UNI-MAX in orange, red, white and black — European Union trade mark No 14 466 932

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 July 2020 in Case R 371/2020-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 60(1)(a) in conjunction of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Prior notification of a concentration (Case M.9963 — Iliad S.A./Play Communications S.A.) (Text with EEA relevance) 2020/C 319/05
Date: 2020-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: Internet access provider, economic concentration, holding company, merger control, mobile communication, retail trade








C_2020319EN.01000601.xml










28.9.2020   


EN


Official Journal of the European Union


C 319/6






Prior notification of a concentration
(Case M.9963 — Iliad S.A./Play Communications S.A.)
(Text with EEA relevance)
(2020/C 319/05)

1.   
On 21 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:






—


Iliad S.A. (‘Iliad’, France), ultimately controlled by French citizen Mr Xavier Niel,










—


Play Communications S.A. (‘Play Communications’, Luxembourg).




Iliad acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Play Communications.
The concentration is accomplished by way of public bid announced on 21 September 2020.


2.   
The business activities of the undertakings concerned are:






—


for Iliad: provider of fixed and mobile communication services, fixed internal services and TV services in France and of mobile communication services in Italy. Other companies controlled by Mr. Xavier Niel are active in particular in the following sectors: telecoms, media, technologies, start-up businesses and real estate. In the sector of telecommunications, the Xavier Niel’s group is mainly active in Ireland, Malta and Cyprus,










—


for Play Communications: holding company of P4, which is headquartered in Poland and provides mainly retail mobile and fixed telephony services and fixed internet access services in Poland.






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.9963 — Iliad S.A./Play Communications S.A.
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’).
Case C-477/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Codere Network SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidenza 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.01001301.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/13






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Codere Network SpA v Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidenza del Consiglio dei Ministri
(Case C-477/20)
(2021/C 28/18)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Codere Network SpA

Respondents: Agenzia delle Dogane e dei Monopoli, Ministero dell'Economia e delle Finanze, Presidenza 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?
Case C-480/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Sisal Entertainment 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.01001402.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/14






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Sisal Entertainment SpA v Agenzia delle Dogane e dei Monopoli
(Case C-480/20)
(2021/C 28/21)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Sisal Entertainment 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?
Euro exchange rates (Source: reference exchange rate published by the ECB.) 25 September 2020 2020/C 319/02
Date: 2020-09-28
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020319EN.01000201.xml










28.9.2020   


EN


Official Journal of the European Union


C 319/2






Euro exchange rates (1)

25 September 2020
(2020/C 319/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1634 




JPY


Japanese yen


122,74 




DKK


Danish krone


7,4465 




GBP


Pound sterling


0,91343 




SEK


Swedish krona


10,6285 




CHF


Swiss franc


1,0798 




ISK


Iceland króna


161,80 




NOK


Norwegian krone


11,1445 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,107 




HUF


Hungarian forint


363,16 




PLN


Polish zloty


4,5557 




RON


Romanian leu


4,8753 




TRY


Turkish lira


8,8709 




AUD


Australian dollar


1,6548 




CAD


Canadian dollar


1,5560 




HKD


Hong Kong dollar


9,0165 




NZD


New Zealand dollar


1,7756 




SGD


Singapore dollar


1,6022 




KRW


South Korean won


1 367,57 




ZAR


South African rand


19,9000 




CNY


Chinese yuan renminbi


7,9451 




HRK


Croatian kuna


7,5490 




IDR


Indonesian rupiah


17 299,76 




MYR


Malaysian ringgit


4,8485 




PHP


Philippine peso


56,431 




RUB


Russian rouble


90,4050 




THB


Thai baht


36,781 




BRL


Brazilian real


6,4560 




MXN


Mexican peso


26,0006 




INR


Indian rupee


85,7175 






(1)  Source: reference exchange rate published by the ECB.
Case T-523/19: Order of the General Court of 28 September 2020 — Sky v EUIPO — Safran Electronics & Defense (SKYNAUTE by SAGEM)
Date: 2020-09-28
Institutions: General Court
Subjects: EU trade mark, aeronautical industry, aerospace industry, electrical equipment, electronic equipment, registered trade mark, satellite navigation, trade-mark law








C_2020390EN.01005103.xml










16.11.2020   


EN


Official Journal of the European Union


C 390/51






Order of the General Court of 28 September 2020 — Sky v EUIPO — Safran Electronics & Defense (SKYNAUTE by SAGEM)
(Case T-523/19) (1)

(2020/C 390/70)
Language of the case: English
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 305, 9.9.2019.
Case C-478/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Gamenet 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.01001302.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/13






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 28 September 2020 — Gamenet SpA v Agenzia delle Dogane e dei Monopoli
(Case C-478/20)
(2021/C 28/19)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Gamenet 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.9937 — BC Partners/Sofima/IMA) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 319/04
Date: 2020-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, holding company, investment company, mechanical engineering, merger control, packaging, real estate business








C_2020319EN.01000501.xml










28.9.2020   


EN


Official Journal of the European Union


C 319/5






Prior notification of a concentration
(Case M.9937 — BC Partners/Sofima/IMA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 319/04)

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:






—


Alva S.p.A., Amca S.r.l., Ipercubo S.r.l., Lefa S.r.l., Mefa S.r.l., 4emme S.r.l., P.M. Investments S.r.l., Cofiva S.A. and Fariniundici S.p.A. (together the ‘Sofima Holdings’, Italy),










—


BC Partners LLP (‘BC Partners’, United Kingdom),










—


Industria Macchine Automatiche S.p.A. (‘IMA’, Italy), controlled by the ‘Sofima Holdings’.




BC Partners and Sofima Holdings acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of IMA.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Sofima Holdings: holding activities of IMA, real estate activities; and non-controlling minority stakes in companies for investment purposes,










—


BC Partner is a private equity firm providing investment advisory services,










—


for IMA: development and manufacturing of machinery and equipment for the automated packaging of goods.






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.9937 — BC Partners/Sofima/IMA
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.
Commission Implementing Regulation (EU) 2020/1389 of 28 September 2020 entering a name in the register of protected designations of origin and protected geographical indications ‘Olio lucano’ (PGI)
Date: 2020-09-28
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Basilicata, Italy, designation of origin, labelling, olive oil, product designation








L_2020321EN.01000101.xml










5.10.2020   


EN


Official Journal of the European Union


L 321/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2020/1389
of 28 September 2020
         
entering a name in the register of protected designations of origin and protected geographical indications ‘Olio lucano’ (PGI)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


In accordance with Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy’s application to register the name ‘Olio lucano’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Olio lucano’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Olio lucano’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.5. – Oils and fats (butter, margarine, oil, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


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




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 2020.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 172, 20.5.2020, p. 22.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-467/20: Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 28 September 2020 — BC v Deutsche Lufthansa AG
Date: 2020-09-28
Institutions: Court of Justice
Subjects: EU Member State, aircraft, airline, carrier, civil aviation, indemnification, reservation, third country, transport regulations, traveller








C_2020433EN.01003101.xml










14.12.2020   


EN


Official Journal of the European Union


C 433/31






Request for a preliminary ruling from the Amtsgericht Hamburg (Germany) lodged on 28 September 2020 — BC v Deutsche Lufthansa AG
(Case C-467/20)
(2020/C 433/38)
Language of the case: German

Referring court

Amtsgericht Hamburg

Parties to the main proceedings


Applicant: BC

Defendant: Deutsche Lufthansa AG

Question referred

Are Article 5(1)(c) and Article 7(1) of Regulation No 261/2004 (1), read together with Article 3(5) of that regulation, to be interpreted as meaning that, in the case of connecting flights, where there are two flights that are the subject of a single reservation, departing from an airport located outside the territory of a Member State (third country) and travelling to an airport located in a Member State, a passenger who suffers a delay in reaching his or her destination of 3 hours or more, the cause of that delay arising in the first flight, operated, under a code-share agreement, by a carrier established in a non-Member State, may bring his or her action for compensation under that regulation against the Community air carrier with which the booking of the entire journey was made and that only performed the second leg of that journey?


(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).
Non-opposition to a notified concentration (Case M.9933 — Apollo Capital Management/Chyronhego) (Text with EEA relevance) 2020/C 330/01
Date: 2020-09-28
Institutions: Directorate-General for Competition, European Commission
Subjects: computer equipment, economic concentration, investment company, merger control, picture synthesis, software, sport, television








C_2020330EN.01000101.xml










6.10.2020   


EN


Official Journal of the European Union


C 330/1






Non-opposition to a notified concentration
(Case M.9933 — Apollo Capital Management/Chyronhego)
(Text with EEA relevance)
(2020/C 330/01)
On 28 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 32020M9933. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.