do-me/EUR-LEX huggingface dataset:
Case T-174/20: Order of the General Court of 19 November 2020 — Comune di Stintino v Commission (Action for annulment — Grant agreement in the framework of the funding instrument for the environment (LIFE+) — Debit Note — Act which is part of a purely contractual framework and from which it is inseparable — Preparatory act — Inadmissibility)
Date: 2020-11-19
Institutions: General Court
Subjects: EU environmental policy, Italy, Sardinia, State aid, action programme, control of State aid, eligibility criteria, environmental protection, principle of proportionality, reimbursement of aid








C_2021028EN.01005201.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/52






Order of the General Court of 19 November 2020 — Comune di Stintino v Commission
(Case T-174/20) (1)

(Action for annulment - Grant agreement in the framework of the funding instrument for the environment (LIFE+) - Debit Note - Act which is part of a purely contractual framework and from which it is inseparable - Preparatory act - Inadmissibility)
(2021/C 28/80)
Language of the case: Italian

Parties


Applicant: Comune di Stintino (Italy) (represented by: G. Machiavelli, lawyer)

Defendant: European Commission (represented by: N. De Dominicis, Agent)

Re:

Application brought under Article 263 TFEU for the annulment of the alleged decision set out in the letter Ares(2020) 734033 of the Commission, of 5 February 2020, on the reduction of the grant awarded to the applicant under the LIFE10 NAT/IT/244 project and on the repayment of the excess sum already paid; of Debit Note No 3242002652 of the Commission, of 24 February 2020, requesting that the applicant pay it EUR 447 078,63; of the alleged decision set out in the letter Ares(2019) 6551262 of the Commission, of 23 October 2019, relating to the proportion of the ineligible costs; and of all preliminary, consequential or connected acts or measures.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The Comune di Stintino shall pay the costs.






(1)  OJ C 175, 25.5.2020.
Decision No 1/2020 of the Trade Committee of 19 November 2020 modifying Appendix 1 to Annex XIII to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Ecuador and Peru, of the other part [2021/273]
Date: 2020-11-19
Institutions: Colombia, Ecuador, European Union, Joint Committee, Peru
Subjects: Colombia, Ecuador, Peru, coffee, designation of origin, product designation, revision of an agreement, rice, trade agreement, trade agreement (EU)








L_2021061EN.01002701.xml










22.2.2021   


EN


Official Journal of the European Union


L 61/27








            DECISION No 1/2020 OF THE TRADE COMMITTEE
         
of 19 November 2020
         
modifying Appendix 1 to Annex XIII to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Ecuador and Peru, of the other part [2021/273]


THE TRADE COMMITTEE,

Having regard to the Trade Agreement between the European Union and its Member States, of the one part, and Colombia, Ecuador and Peru, of the other part, and in particular Article 13(1)(d) thereof,

Whereas:







(1)


On 16 December 2016 Colombia submitted to the Union its request to add new geographical indications to Appendix 1 to Annex XIII to the Agreement pursuant to Article 209 of the Agreement. The Union has completed the objection procedure and the examination of two new geographical indications of Colombia.












(2)


On 28 July 2020, pursuant to Article 257(2) of the Agreement, the Sub-Committee on Intellectual Property, in a session between the EU Party and Colombia, assessed the information in relation to the two new geographical indications of Colombia and proposed to the Trade Committee to modify Appendix 1 to Annex XIII to the Agreement accordingly.












(3)


Appendix 1 to Annex XIII to the Agreement should therefore be modified.












(4)


The decision to modify Appendix 1 to Annex XIII to the Agreement may be adopted in a session of the Trade Committee between the EU Party and Colombia, pursuant to Article 14(3) of the Trade Agreement, as it relates exclusively to the bilateral relationship between them and does not affect the rights and obligations of another signatory Andean Country,





HAS DECIDED AS FOLLOWS:



Article 1
In the table under point (a) ‘Geographical Indications of Colombia for agricultural and foodstuff products, wines, spirit drinks and aromatised wines’ in Appendix 1 to Annex XIII to the Agreement, the entries in the Annex to this Decision are added.


Article 2
This Decision, done in duplicate, shall be signed by representatives of the Trade Committee who are authorized to act on behalf of the Parties for purposes of modifying the Agreement. This Decision shall be effective from the date of the later of these signatures.
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 19 November 2020.


For the Trade Committee


Head of EU delegation

Paolo GARZOTTI
            



Head of Colombia’s delegation

Juan Carlos CADENA
            







ANNEX






ARROZ DE LA MESETA DE IBAGUÉ


Rice




CAFÉ DE SANTANDER


Coffee
Case C-93/19 P: Judgment of the Court (Fourth Chamber) of 19 November 2020 — European External Action Service v Chantal Hebberecht (Appeal — Civil service — Officials — European External Action Service (EEAS) — Policy of rotating officials — Position of Head of the European Union Delegation to Ethiopia — Decision refusing to extend the assignment to that position — Interests of the service — Principle of equal treatment — Positive discrimination in favour of the under-represented sex — Article 1d of the Staff Regulations of Officials of the European Union)
Date: 2020-11-19
Institutions: Court of Justice
Subjects: Ethiopia, European official, Union delegation, diplomatic profession, equal treatment, gender equality, staff regulations (EU)








C_2021028EN.01000302.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/3






Judgment of the Court (Fourth Chamber) of 19 November 2020 — European External Action Service v Chantal Hebberecht
(Case C-93/19 P) (1)

(Appeal - Civil service - Officials - European External Action Service (EEAS) - Policy of rotating officials - Position of Head of the European Union Delegation to Ethiopia - Decision refusing to extend the assignment to that position - Interests of the service - Principle of equal treatment - Positive discrimination in favour of the under-represented sex - Article 1d of the Staff Regulations of Officials of the European Union)
(2021/C 28/04)
Language of the case: French

Parties


Appellant: European External Action Service (represented by: S. Marquardt and R. Spáč, acting as Agents)

Other party to the proceedings: Chantal Hebberecht

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the EEAS to bear its own costs.






(1)  OJ C 155, 6.5.2019.
Non-opposition to a notified concentration (Case M.9911 — Voith/PCSH/TSA) (Text with EEA relevance) 2021/C 24/03
Date: 2020-11-19
Institutions: Directorate-General for Competition, European Commission
Subjects: agricultural machinery, economic concentration, electric machinery, machinery, mechanical engineering, merger control, motor vehicle, rolling stock, vehicle parts








C_2021024EN.01000701.xml










22.1.2021   


EN


Official Journal of the European Union


C 24/7






Non-opposition to a notified concentration
(Case M.9911 — Voith/PCSH/TSA)
(Text with EEA relevance)
(2021/C 24/03)
On 19 November 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 German language 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 32020M9911. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 November 2020 2020/C 394/02
Date: 2020-11-19
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020394EN.01000201.xml










19.11.2020   


EN


Official Journal of the European Union


C 394/2






Euro exchange rates (1)

18 November 2020
(2020/C 394/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1868 




JPY


Japanese yen


123,28 




DKK


Danish krone


7,4516 




GBP


Pound sterling


0,89373 




SEK


Swedish krona


10,2135 




CHF


Swiss franc


1,0812 




ISK


Iceland króna


161,50 




NOK


Norwegian krone


10,7115 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,401 




HUF


Hungarian forint


360,25 




PLN


Polish zloty


4,4694 




RON


Romanian leu


4,8730 




TRY


Turkish lira


9,1560 




AUD


Australian dollar


1,6226 




CAD


Canadian dollar


1,5514 




HKD


Hong Kong dollar


9,2005 




NZD


New Zealand dollar


1,7145 




SGD


Singapore dollar


1,5917 




KRW


South Korean won


1 310,55 




ZAR


South African rand


18,2814 




CNY


Chinese yuan renminbi


7,7820 




HRK


Croatian kuna


7,5670 




IDR


Indonesian rupiah


16 746,93 




MYR


Malaysian ringgit


4,8510 




PHP


Philippine peso


57,267 




RUB


Russian rouble


90,0610 




THB


Thai baht


35,984 




BRL


Brazilian real


6,2974 




MXN


Mexican peso


24,0105 




INR


Indian rupee


88,0110 






(1)  Source: reference exchange rate published by the ECB.
Case C-775/19: Judgment of the Court (Tenth Chamber) of 19 November 2020 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — 5th AVENUE Products Trading GmbH v Hauptzollamt Singen (Reference for a preliminary ruling — Customs union — Regulation (EEC) No 2913/92 — Community Customs Code — Article 29(1) and (3)(a) — Article 32(1)(c) and (5)(b) — Regulation (EEC) No 2454/93 — Article 157(2) — Customs valuation — Transaction value of imported goods — Concept of ‘condition of sale’ — Payment in return for the granting of an exclusive distribution right)
Date: 2020-11-19
Institutions: Court of Justice
Subjects: customs duties, customs union, customs valuation, goods and services, import (EU), quasi-fiscal charge, sale








C_2021028EN.01000901.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/9






Judgment of the Court (Tenth Chamber) of 19 November 2020 (request for a preliminary ruling from the Finanzgericht Baden-Württemberg — Germany) — 5th AVENUE Products Trading GmbH v Hauptzollamt Singen
(Case C-775/19) (1)

(Reference for a preliminary ruling - Customs union - Regulation (EEC) No 2913/92 - Community Customs Code - Article 29(1) and (3)(a) - Article 32(1)(c) and (5)(b) - Regulation (EEC) No 2454/93 - Article 157(2) - Customs valuation - Transaction value of imported goods - Concept of ‘condition of sale’ - Payment in return for the granting of an exclusive distribution right)
(2021/C 28/12)
Language of the case: German

Referring court

Finanzgericht Baden-Württemberg

Parties to the main proceedings


Applicant: 5th AVENUE Products Trading GmbH

Defendant: Hauptzollamt Singen

Operative part of the judgment

Article 29(1) and (3)(a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code must be interpreted as meaning that a payment made for a limited period of time by the buyer of imported goods to the seller of those goods, in return for the granting by the seller of an exclusive right to distribute those goods in a given territory, calculated on the basis of the turnover achieved in that territory, must be included in the customs value of those goods.


(1)  OJ C 27, 27.1.2020.
Case C-663/18: Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Cour d’appel d’Aix-en-Provence — France) — Criminal proceedings against BS, CA (Reference for a preliminary ruling — Free movement of goods — Common organisation of the markets in the flax and hemp sector — Exceptions — Protection of public health — National legislation limiting the industrialisation and marketing of hemp solely to fibre and seeds — Cannabidiol (CBD))
Date: 2020-11-19
Institutions: Court of Justice
Subjects: EU direct payments, common organisation of markets, flax, free movement of goods, hemp, marketing, public health








C_2021028EN.01000201.xml










25.1.2021   


EN


Official Journal of the European Union


C 28/2






Judgment of the Court (Fourth Chamber) of 19 November 2020 (request for a preliminary ruling from the Cour d’appel d’Aix-en-Provence — France) — Criminal proceedings against BS, CA
(Case C-663/18) (1)

(Reference for a preliminary ruling - Free movement of goods - Common organisation of the markets in the flax and hemp sector - Exceptions - Protection of public health - National legislation limiting the industrialisation and marketing of hemp solely to fibre and seeds - Cannabidiol (CBD))
(2021/C 28/02)
Language of the case: French

Referring court

Cour d’appel d’Aix-en-Provence

Parties in the main criminal proceedings

BS, CA

Intervening parties: Ministère public, Conseil national de l’ordre des pharmaciens

Operative part of the judgment

Articles 34 and 36 TFEU must be interpreted as precluding national legislation which prohibits the marketing of cannabidiol (CBD) lawfully produced in another Member State when it is extracted from the Cannabis sativa plant in its entirety and not solely from its fibre and seeds, unless that legislation is appropriate for securing the attainment of the objective of protecting public health and does not go beyond what is necessary for that purpose. Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 and Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 must be interpreted as not applying to such legislation.


(1)  OJ C 4, 7.1.2019.
Case C-189/20: Order of the President of the Court of 19 November 2020 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Laudamotion GmbH v Verein für Konsumenteninformation
Date: 2020-11-19
Institutions: Court of Justice
Subjects: consumer protection, contract of carriage, jurisdiction, unfair terms of contract








C_2021044EN.01004202.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/42






Order of the President of the Court of 19 November 2020 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Laudamotion GmbH v Verein für Konsumenteninformation
(Case C-189/20) (1)

(2021/C 44/60)
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 279, 24.8.2020.
Case C-616/20: Request for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 19 November 2020 — M2Beauté Cosmetics GmbH v Federal Republic of Germany
Date: 2020-11-19
Institutions: Court of Justice
Subjects: cosmetic product, market approval, marketing standard, medicinal product, pharmaceutical legislation








C_2021072EN.01001101.xml










1.3.2021   


EN


Official Journal of the European Union


C 72/11






Request for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 19 November 2020 — M2Beauté Cosmetics GmbH v Federal Republic of Germany
(Case C-616/20)
(2021/C 72/15)
Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings


Applicant: M2Beauté Cosmetics GmbH

Defendant: Federal Republic of Germany, represented by the Federal Institute for Drugs and Medical Devices

Questions referred







1.


Is a national authority, when classifying a cosmetic product as a medicinal product by function, within the meaning of Article 1(2)(b) of Directive 2001/83/EC (1) of 6 November 2001, and, in so doing, examining all the characteristics of that product, entitled to base the necessary scientific assessment of the pharmacological properties of that product and the risks associated with it on a ‘structural analogy’, in a case where the active substance used has only recently been developed, is comparable in its structure to pharmacological active substances which are already known and studied, but no comprehensive pharmacological, toxicological or clinical studies of the new substance in relation to its effects and its dosage, which are necessary only if Directive 2001/83/EC is applicable, have been submitted by the applicant?










2.


Is Article 1(2)(b) of Directive 2001/83/EC of 6 November 2001 to be interpreted as meaning that a product which is placed on the market as a cosmetic and which significantly modifies physiological functions by producing a pharmacological effect is to be regarded as a medicinal product by function only in the case where it has a specific positive health-promoting effect? Is it sufficient in this regard even that the product has on a person’s appearance a predominantly positive effect which, by increasing self-esteem or wellbeing, is of indirect benefit to health?










3.


Or is that product also a medicinal product by function in the case where its positive effect is confined to an improvement in a person’s appearance, without being of direct or indirect benefit to health, but where it does not have properties that are exclusively harmful to health and is not therefore comparable to a narcotic?






(1)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67as amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 2019 (OJ 2019 L 198, p. 241).
Non-opposition to a notified concentration (Case M.9991 — MassMutual/MVC Capital) (Text with EEA relevance) 2020/C 403/02
Date: 2020-11-19
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, insurance company, investment company, life assurance, merger control








C_2020403EN.01000701.xml










26.11.2020   


EN


Official Journal of the European Union


C 403/7






Non-opposition to a notified concentration
(Case M.9991 — MassMutual/MVC Capital)
(Text with EEA relevance)
(2020/C 403/02)
On 19 November 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 32020M9991. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.10025 — SKN/Lother Group/NORDTEAM JV) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 394/05
Date: 2020-11-19
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, lubricants, merger control, mineral oil, oil industry








C_2020394EN.01000601.xml










19.11.2020   


EN


Official Journal of the European Union


C 394/6






Prior notification of a concentration
(Case M.10025 — SKN/Lother Group/NORDTEAM JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 394/05)

1.   
On 10 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:






—


SKN-Schmierstoff Konzepte Nord GmbH (‘SKN’, Germany), belonging to the dlg group,










—


Hermann Lother & Co. Mineralölhandelsgesellschaft mbH, belonging to the Lother group (‘Lother Group’, Germany),










—


NORDTEAM GmbH & Co. KG (‘NORDTEAM’, Germany).




SKN and Lother Group acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of NORDTEAM.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


SKN: distribution of lubricants for the construction industry, the agricultural sector, garages, haulage, production and manufacturing and the energy sector.










—


Lother Group: mineral oil trading and distribution of lubricants.










—


NORDTEAM: distribution of lubricants.






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.10025 — SKN/Lother Group/NORDTEAM JV
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.