do-me/EUR-LEX huggingface dataset:
Case C-618/20: Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Córdoba (Spain) lodged on 19 November 2020 — ZU and TV v Ryanair Ltd
Date: 2020-11-19
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, consumer protection, group of companies, indemnification, international convention, transport licence, traveller








C_2021072EN.01001201.xml










1.3.2021   


EN


Official Journal of the European Union


C 72/12






Request for a preliminary ruling from the Juzgado de lo Mercantil No 1 de Córdoba (Spain) lodged on 19 November 2020 — ZU and TV v Ryanair Ltd
(Case C-618/20)
(2021/C 72/16)
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 1 de Córdoba

Parties to the main proceedings


Applicants: ZU and TV

Defendant: Ryanair Ltd

Questions referred







1.


May a carrier that sells tickets through its own website for flights operated under the code of another airline be considered an operating air carrier for the purposes of Article 5(5) of Regulation No 261/2004 (1) in respect of the specific flights it sells that are operated by another company?










2.


May a carrier that sells tickets through its own website for flights operated under the code of another airline be considered an operating air carrier for the purposes of Article 5(5) of Regulation No 261/2004 in respect of the specific flights it sells that are operated by another company where the company that operates a flight is part of the corporate group of the company that sells tickets for that flight?










3.


May the concept of contracting carrier in Article 45 of the Montreal Convention be equated with the concept of operating air carrier in Article 5(5) of Regulation No 261/2004?










4.


May the concept of actual carrier referred to in Article 45 of the Montreal Convention be equated with the concept of operating air carrier in Article 5(5) of Regulation No 261/2004?






(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).
Prior notification of a concentration (Case M.10022 — Premier Oil/Chrysaor Holdings) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 394/04
Date: 2020-11-19
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, extraction of oil, gas industry, merger control, petroleum








C_2020394EN.01000501.xml










19.11.2020   


EN


Official Journal of the European Union


C 394/5






Prior notification of a concentration
(Case M.10022 — Premier Oil/Chrysaor Holdings)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 394/04)

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:






—


Premier Oil Plc, (‘Premier Oil’, the United Kingdom),










—


Chrysaor Holdings Limited (‘CHL’, the United Kingdom), indirectly controlled by EIG Global Energy Partners (together with its advisory affiliates, ‘EIG’, the United States).




Premier Oil acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CHL.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Premier Oil: exploration and production of significant oil and gas interests in the UK and worldwide,










—


for CHL: the development and commercialisation of oil and gas incremental reserves, including interests in exploration licences in the UK sector of the North Sea and Norway.






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.10022 — Premier Oil/Chrysaor Holdings
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 C-454/19: Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Amtsgericht Heilbronn — Germany) — Criminal proceedings against ZW (Reference for a preliminary ruling — Citizenship of the Union — Article 21 TFEU — Right to move and reside freely in the territory of the Member States — Criminal offence specifically concerning international child abduction — Restriction — Justification — Child protection — Proportionality)
Date: 2020-11-19
Institutions: Court of Justice
Subjects: European citizenship, child, child protection, criminal law, criminal proceedings, free movement of persons, illegal restraint, principle of proportionality








C_2021028EN.01000701.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/7






Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Amtsgericht Heilbronn — Germany) — Criminal proceedings against ZW
(Case C-454/19) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Article 21 TFEU - Right to move and reside freely in the territory of the Member States - Criminal offence specifically concerning international child abduction - Restriction - Justification - Child protection - Proportionality)
(2021/C 28/09)
Language of the case: German

Referring court

Amtsgericht Heilbronn

Party in the main proceedings

ZW

Intervener: Staatsanwaltschaft Heilbronn

Operative part of the judgment

Article 21 TFEU must be interpreted as precluding the application of a Member State’s legislation under which the retention by a parent of a child from his appointed carer in another Member State attracts criminal penalties even in the absence of force, threat of serious harm or deception, whereas where such retention takes place in the territory of the first Member State, the same act is punishable only if recourse is had to force, threat of serious harm or deception.


(1)  OJ C 280, 19.8.2019.
Case T-32/20: Judgment of the General Court of 19 November 2020 — Buxadé Villalba and Others v Parliament (Action for annulment — Law governing the institutions — Member of the Parliament — Acknowledgement by the Parliament of the election as Members of the European Parliament of two Spanish elected representatives — Locus standi of three other Members of the European Parliament — Lack of individual concern — Application for a declaratory judgment — Action partly inadmissible and partly brought before a court that is manifestly incompetent to hear it)
Date: 2020-11-19
Institutions: General Court
Subjects: Catalonia, European election, Member of the European Parliament, Spain, Statute for Members of the Parliament, contract, electoral law, financial interests of members, national election, provision of services








C_2021019EN.01004902.xml










18.1.2021   


EN


Official Journal of the European Union


C 19/49






Judgment of the General Court of 19 November 2020 — Buxadé Villalba and Others v Parliament
(Case T-32/20) (1)

(Action for annulment - Law governing the institutions - Member of the Parliament - Acknowledgement by the Parliament of the election as Members of the European Parliament of two Spanish elected representatives - Locus standi of three other Members of the European Parliament - Lack of individual concern - Application for a declaratory judgment - Action partly inadmissible and partly brought before a court that is manifestly incompetent to hear it)
(2021/C 19/53)
Language of the case: Spanish

Parties


Applicants: Jorge Buxadé Villalba (Madrid, Spain) María Esperanza Araceli Aguilar Pinar (Madrid), Hermann Tertsch Del Valle-Lersundi (Madrid) (represented by: M. Castro Fuertes, lawyer)

Defendant: European Parliament (represented by: N. Görlitz and C. Burgos, acting as Agents)

Re:

Application under Article 263 TFEU seeking the annulment of the Parliament’s acknowledgment of the election as Members of the European Parliament of Mr Carles Puigdemont i Casamajó and Mr Antoni Comín i Oliveres, announced by the President of the Parliament at the plenary sitting of 13 January 2020.

Operative part of the judgment

The Court:






1.


Dismisses the action as partly inadmissible and as partly brought before a court that is manifestly incompetent to hear it;










2.


Declares that there is no longer any need to adjudicate on the applications to intervene of the Kingdom of Spain and of Mr Carles Puigdemont i Casamajó and Mr Antoni Comín i Oliveres;










3.


Orders Mr Jorge Buxadé Villalba, Mr Hermann Tertsch Del Valle-Lersundi and Ms María Esperanza Araceli Aguilar Pinar to bear their own costs and to pay those incurred by the European Parliament;










4.


Orders the Kingdom of Spain, Mr Puigdemont i Casamajó and Mr Comín i Oliveres to bear the costs relating to their respective applications to intervene.






(1)  OJ C 77, 9.3.2020.
Prior notification of a concentration (Case M.10036 — Tata Consultancy Services Netherlands/Postbank Systems) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 394/03
Date: 2020-11-19
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, information technology, merger control, service








C_2020394EN.01000301.xml










19.11.2020   


EN


Official Journal of the European Union


C 394/3






Prior notification of a concentration
(Case M.10036 — Tata Consultancy Services Netherlands/Postbank Systems)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 394/03)

1.   
On 12 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:






—


Tata Consultancy Services Netherlands B.V. (‘TCS’, The Netherlands),










—


Postbank Systems AG (‘PBS’, Germany).




TCS, a subsidiary of Tata Consultancy Services Limited (‘TCS Limited’), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of PBS, currently wholly owned by Deautsche Bank AG. The concentration is accomplished by way of purchase of the entirety of PBS’s shares.


2.   
The business activities of the undertakings concerned are:






—


for TCS: provision of IT services to a strong client base in the Dutch market. TCS’s parent, TCS Limited, provides IT services in many countries within the EEA often via its local subsidiaries. Overall, TCS Limited is an IT services, consulting and business solutions multinational organization headquartered in Mumbai, India.










—


for PBS: provision of IT services in Germany to Deutsche Bank AG and other affiliated companies of the Deutsche Bank group active in the banking sector.






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.10036 — Tata Consultancy Services Netherlands/Postbank Systems
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 C-625/20: Request for a preliminary ruling from the Juzgado de lo Social n.° 26 de Barcelona (Spain) lodged on 19 November 2020 — KM v Instituto Nacional de la Seguridad Social (INSS)
Date: 2020-11-19
Institutions: Court of Justice
Subjects: equal treatment, gender equality, incapacity for work, sexual discrimination, social security legislation, social-security benefit, social-security contribution








C_2021079EN.01001901.xml










8.3.2021   


EN


Official Journal of the European Union


C 79/19






Request for a preliminary ruling from the Juzgado de lo Social n.o 26 de Barcelona (Spain) lodged on 19 November 2020 — KM v Instituto Nacional de la Seguridad Social (INSS)
(Case C-625/20)
(2021/C 79/24)
Language of the case: Spanish

Referring court

Juzgado de lo Social n.o 26 de Barcelona

Parties to the main proceedings


Applicant: KM

Defendant: Instituto Nacional de la Seguridad Social (INSS)

Questions referred







1.


Is the Spanish rule on compatibility of benefits established in Article 163(1) of the [Ley General de la Seguridad Social] (General Law on Social Security), as interpreted by case-law, which prevents two permanent disability benefits awarded under the same Social Security scheme being deemed compatible, while benefits awarded under different schemes are deemed compatible, even if, in both cases, entitlement has been earned by virtue of separate contributions, contrary to the European rules established in Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security, (1) and Article 5 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (2) given that the Spanish legislation may give rise to indirect discrimination on grounds of sex or gender, having regard to gender distribution in the different Spanish Social Security schemes?










2.


If the reply to the first question is in the negative, could the Spanish legislation be contrary to the aforesaid European legislation if the two benefits relate to different injuries or illnesses?






(1)  OJ 1979 L 6, p. 24.

(2)  OJ 2006 L 204, p. 23.
Case C-619/20 P: Appeal brought on 19 November 2020 by International Management Group (IMG) against the order of the General Court (Seventh Chamber) delivered on 9 September 2020 in Case T-645/19, IMG v Commission
Date: 2020-11-19
Institutions: Court of Justice
Subjects: EU budget, EU financing, Myanmar/Burma, damages, development aid, financing of aid, implementation of the budget, international organisation








C_2021028EN.01003101.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/31






Appeal brought on 19 November 2020 by International Management Group (IMG) against the order of the General Court (Seventh Chamber) delivered on 9 September 2020 in Case T-645/19, IMG v Commission
(Case C-619/20 P)
(2021/C 28/50)
Language of the case: French

Parties


Appellant: International Management Group (IMG) (represented by: L. Levi and J.-Y. de Cara, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the order of the General Court of 9 September 2020 in Case T-645/19;










—


consequently, refer the case back to the General Court for a ruling on the application for annulment and the claim for damages;










—


order the defendant to pay all of the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

In support of the appeal, the appellant submits that, in the order under appeal, the General Court committed an error of law by taking the view that the letter of 18 July 2019 is not a challengeable act.
Commission Regulation (EU) 2020/1754 of 19 November 2020 establishing a fisheries closure for bigeye tuna in the Atlantic Ocean for vessels flying the flag of Portugal
Date: 2020-11-19
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2020395EN.01000301.xml










25.11.2020   


EN


Official Journal of the European Union


L 395/3








            COMMISSION REGULATION (EU) 2020/1754
of 19 November 2020
         
establishing a fisheries closure for bigeye tuna in the Atlantic Ocean for vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) 2020/123 (2) lays down quotas for 2020.












(2)


According to the information received by the Commission, catches of the stock of bigeye tuna in the Atlantic Ocean by vessels flying the flag of or registered in Portugal have exhausted the quota allocated for 2020.












(3)


It is therefore necessary to prohibit certain fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to Portugal for the stock of bigeye tuna in the Atlantic Ocean for 2020 referred to in the Annex shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in Article 1 by vessels flying the flag of or registered in Portugal shall be prohibited from the date set out in the Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 19 November 2020.


For the Commission,


On behalf of the President,

Virginijus SINKEVIČIUS
            

Member of the Commission






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2020/123 of 27 January 2020 fixing for 2020 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 25, 30.1.2020, p. 1).




ANNEX






No


30/TQ/123




Member State


Portugal




Stock


BET/ATLANT




Species


Bigeye tuna (Thunnus obesus) including special condition BET/*ATLLL and BET/*ATLPS




Zone


Atlantic Ocean




Closing date


27.10.2020