do-me/EUR-LEX huggingface dataset:
Case T-692/20: Action brought on 18 November 2020 — Iliad Italia v Commission
Date: 2020-11-18
Institutions: General Court
Subjects: economic concentration, merger control, mobile communication, transmission network








C_2021019EN.01007001.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/70






Action brought on 18 November 2020 — Iliad Italia v Commission
(Case T-692/20)
(2021/C 19/76)
Language of the case: English

Parties


Applicant: Iliad Italia SpA (Milan, Italy) (represented by: D. Fosselard and D. Waelbroeck, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission decision C(2020) 1573 final of 6 March 2020 not to oppose the notified operation in Case M.9674-Vodafone Italia / TIM / INWIT JV as modified by the commitments and to declare it compatible with the internal market and with the functioning of the EEA Agreement;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the commitments provide no clear definition or quantification of the minimum level of power required to satisfy the obligation to provide sufficient Free Space, which is a central pillar to the effectiveness of the commitments.










2.


Second plea in law, alleging that the commitments fail to explicitly and clearly require the right for a new entrant to obtain, from the outset of the implementation of the commitments, hosting services covering the 700 MHz band, which is essential for the effective operation of a competing mobile network.










3.


Third plea in law, alleging that the commitments do not expressly and clearly prohibit the parties from choosing inappropriate sites in discharging their obligation to provide access to new entrants, and the commitments provide no protection against the parties exercising bias in selecting which sites to provide access to.










4.


Fourth plea in law, alleging that the commitments provide for an insufficient and unclear procedure for arranging access to relevant sites, resulting in new entrants being unable to make effective use of the sites offered under the commitments.
Case C-299/19: Judgment of the Court (Ninth Chamber) of 18 November 2020 (request for a preliminary ruling from the Tribunale ordinario di Torino — Italy) — Techbau SpA v Azienda Sanitaria Locale AL (Reference for a preliminary ruling — Combating late payments in commercial transactions — Directive 2000/35/EC — Concept of ‘commercial transactions’ — Concepts of ‘delivery of goods’ and ‘provision of services’ — Article 1 and first subparagraph of Article 2(1) — Public works contract)
Date: 2020-11-18
Institutions: Court of Justice
Subjects: application of EU law, commercial transaction, deadline for payment, delivery, goods and services, works contract








C_2021028EN.01000601.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/6






Judgment of the Court (Ninth Chamber) of 18 November 2020 (request for a preliminary ruling from the Tribunale ordinario di Torino — Italy) — Techbau SpA v Azienda Sanitaria Locale AL
(Case C-299/19) (1)

(Reference for a preliminary ruling - Combating late payments in commercial transactions - Directive 2000/35/EC - Concept of ‘commercial transactions’ - Concepts of ‘delivery of goods’ and ‘provision of services’ - Article 1 and first subparagraph of Article 2(1) - Public works contract)
(2021/C 28/07)
Language of the case: Italian

Referring court

Tribunale ordinario di Torino

Parties to the main proceedings


Applicant: Techbau SpA

Defendant: Azienda Sanitaria Locale AL

Operative part of the judgment

The first subparagraph of Article 2(1) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions must be interpreted as meaning that a public works contract constitutes a commercial transaction which leads to the delivery of goods or the provision of services within the meaning of that provision and, therefore, falls within the material scope of that directive.


(1)  OJ C 213, 24.6.2019.
Case T-574/19: Judgment of the General Court of 18 November 2020 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment) (Community design — Invalidity proceedings — Registered community design representing fluid distribution equipment — Ground for invalidity — Non-compliance with requirements for protection — Article 25(1)(b) of Regulation (EC) No 6/2002 — Features of appearance of a product solely dictated by its technical function — Article 8(1) of Regulation No 6/2002)
Date: 2020-11-18
Institutions: General Court
Subjects: designs and models, toy industry, tube








C_2021028EN.01004101.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/41






Judgment of the General Court of 18 November 2020 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment)
(Case T-574/19) (1)

(Community design - Invalidity proceedings - Registered community design representing fluid distribution equipment - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)
(2021/C 28/62)
Language of the case: English

Parties


Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: A. Odle and R. Palijama, lawyers, and J. St Ville, Barrister)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and A. Folliard-Monguiral, Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Koopman International BV (Amsterdam, Netherlands) (represented by: G. van den Bergh and B. Brouwer, lawyers)

Other party to the proceedings before the Board of Appeal of EUIPO: Mystic Products Import & Export, SL (Badalona, Spain)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 12 June 2019 (Case R 1002/2018-3), relating to invalidity proceedings between, on the one hand, Mystic Products Import & Export and Koopman International and, on the other, Tinnus Enterprises.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Tinnus Enterprises LLC to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV.






(1)  OJ C 337, 7.10.2019.
Case C-147/19: Judgment of the Court (Fifth Chamber) of 18 November 2020 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Atresmedia Corporación de Medios de Comunicación SA v Asociación de Gestión de Derechos Intelectuales (AGEDI), Artistas Intérpretes o Ejecutantes, Sociedad de Gestión de España (AIE) (Reference for a preliminary ruling — Intellectual property — Rights related to copyright — Directive 92/100/EEC — Article 8(2) — Directive 2006/115/EC — Article 8(2) — Communication to the public of an audiovisual work incorporating a phonogram or a reproduction of a phonogram — Single equitable remuneration)
Date: 2020-11-18
Institutions: Court of Justice
Subjects: audiovisual production, copyright, recording, remuneration of work








C_2021028EN.01000401.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/4






Judgment of the Court (Fifth Chamber) of 18 November 2020 (request for a preliminary ruling from the Tribunal Supremo — Spain) — Atresmedia Corporación de Medios de Comunicación SA v Asociación de Gestión de Derechos Intelectuales (AGEDI), Artistas Intérpretes o Ejecutantes, Sociedad de Gestión de España (AIE)
(Case C-147/19) (1)

(Reference for a preliminary ruling - Intellectual property - Rights related to copyright - Directive 92/100/EEC - Article 8(2) - Directive 2006/115/EC - Article 8(2) - Communication to the public of an audiovisual work incorporating a phonogram or a reproduction of a phonogram - Single equitable remuneration)
(2021/C 28/05)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Applicant: Atresmedia Corporación de Medios de Comunicación SA

Defendants: Asociación de Gestión de Derechos Intelectuales (AGEDI), Artistas e Intérpretes o Ejecutantes, Sociedad de Gestión de España (AIE)

Operative part of the judgment

Article 8(2) of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property and Article 8(2) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property must be interpreted as meaning that the single equitable remuneration referred to in those provisions must not be paid by the user where he or she makes a communication to the public of an audiovisual recording containing the fixation of an audiovisual work in which a phonogram or a reproduction of that phonogram has been incorporated.


(1)  OJ C 182, 27.5.2019.
Prior notification of a concentration (Case M.10031 — FSI/WTI/MEL) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 393/09
Date: 2020-11-18
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, energy production, investment company, merger control, waste incineration








C_2020393EN.01001101.xml










18.11.2020   


EN


Official Journal of the European Union


C 393/11






Prior notification of a concentration
(Case M.10031 — FSI/WTI/MEL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 393/09)

1.   
On 11 November 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:






—


First Sentier Investors International IM Limited (‘FSI’, United Kingdom), belonging to the group Mitsubishi UFJ Financial Group Inc (Japan),










—


Wheelabrator Technologies Holdings Inc. (‘WTI’, United States), controlled by Macquarie Group (United Kingdom),










—


Multifuel Energy Limited and Multifuel Energy 2 Limited (‘MEL’, United Kingdom), currently jointly controlled by WTI and SSE Generation Limited (United Kingdom).




FSI and WTI acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of MEL.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for FSI: managing investments and assets on behalf of its clients,










—


for WTI: operating waste-to-energy facilities in the United Kingdom and the United States,










—


for MEL: operating multi-fuel waste-to-energy facilities in the United Kingdom.






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.10031 — FSI/WTI/MEL
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.
New national side of euro coins intended for circulation 2020/C 393/04
Date: 2020-11-18
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: Finland, commemoration, euro, issuing of currency








C_2020393EN.01000401.xml










18.11.2020   


EN


Official Journal of the European Union


C 393/4






New national side of euro coins intended for circulation
(2020/C 393/04)




National side of the new commemorative 2-euro coin intended for circulation and issued by Finland

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the European Union providing for the issuance of euro coins are authorised to issue commemorative euro coins intended for circulation, provided that certain conditions are met, one of these being that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national side features a commemorative design that is highly symbolic in national or European terms.

Issuing country: Finland

Subject of commemoration: Väinö Linna 100 years

Description of the design: The coin celebrates the well-known late Finnish writer Väinö Linna. This year marks the centenary of his birth in 1920. The design reflects Linna’s work in a textile mill and depicts, in addition to his face, letters as weaved fabric and threads that run through his books. The inscription VÄINÖ LINNA is at the left side. At the bottom are the inscriptions of the year of issuance ‘2020’, of the issuing country ‘FI’ and the mintmark.
The coin’s outer ring depicts the 12 stars of the European flag.

Number of coins to be issued: maximum 800 000

Date of issue: September-December 2020


(1)  See OJ C 373, 28.12.2001, p. 1 for the national sides of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Commission Decision (EU) 2020/1730 of 18 November 2020 confirming the participation of Ireland in Regulation (EU) 2017/1954 of the European Parliament and of the Council amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals
Date: 2020-11-18
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: Ireland, biometrics, foreign national, migration control, residence permit, technical specification, third country








L_2020387EN.01002201.xml










19.11.2020   


EN


Official Journal of the European Union


L 387/22








            COMMISSION DECISION (EU) 2020/1730
of 18 November 2020
         
confirming the participation of Ireland in Regulation (EU) 2017/1954 of the European Parliament and of the Council amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals


THE EUROPEAN COMMISSION,

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


Having regard to Protocol No 21, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, and in particular Article 4 thereof,

Whereas:







(1)


By letter to the European Commission of 29 July 2020, Ireland notified its wish to accept and be bound by Regulation (EU) 2017/1954 of the European Parliament and of the Council (1).












(2)


There are no specific conditions attached to the participation of Ireland in that Regulation and there is no need for transitional measures.












(3)


Harmonised formats and common security standards for residence permits throughout the European Union facilitate border crossing and contribute thus to a good functioning of an area of freedom and security and justice.












(4)


The participation of Ireland in Regulation (EU) 2017/1954 should therefore be confirmed.












(5)


In order to allow Ireland to apply Regulation (EU) 2017/1954 as soon as possible, this Decision should enter into force on the day following that of its publication,





HAS ADOPTED THIS DECISION:



Article 1
The participation of Ireland in Regulation (EU) 2017/1954 is confirmed.


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, 18 November 2020.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  Regulation (EU) 2017/1954 of the European Parliament and of the Council of 25 October 2017 amending Council Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals (OJ L 286, 1.11.2017, p. 9).