do-me/EUR-LEX huggingface dataset:
Case C-746/19: Order of the President of the Court of Justice of 4 December 2020 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 17 de Barcelona — Spain) — UD v Subdelegación del Gobierno en Barcelona
Date: 2020-12-04
Institutions: Court of Justice
Subjects: aggravating circumstances, direct applicability, fine, foreign national, illegal migration, national implementing measure, removal








C_2021079EN.01002701.xml










8.3.2021   


EN


Official Journal of the European Union


C 79/27






Order of the President of the Court of Justice of 4 December 2020 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 17 de Barcelona — Spain) — UD v Subdelegación del Gobierno en Barcelona
(Case C-746/19) (1)

(2021/C 79/34)
Language of the case: Spanish
The President of the Court of Justice has ordered that the case be removed from the register.


(1)  OJ C 19, 20.1.2020.
Council Decision (EU) 2020/2025 of 4 December 2020 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IV (Energy) to the EEA Agreement (Text with EEA relevance)
Date: 2020-12-04
Institutions: Council of the European Union
Subjects: EEA Joint Committee, European Economic Area, electrical energy, electricity supply, energy grid, energy supply, energy transport, revision of an agreement, security of supply, trans-European network








L_2020419EN.01001501.xml










11.12.2020   


EN


Official Journal of the European Union


L 419/15








            COUNCIL DECISION (EU) 2020/2025
of 4 December 2020
         
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IV (Energy) to the EEA Agreement
(Text with EEA relevance)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194 in conjunction with Article 218(9) thereof,


Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.












(2)


Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend Annex IV to the EEA Agreement.












(3)


Commission Regulation (EU) 2017/2195 (3) is to be incorporated into the EEA Agreement.












(4)


Annex IV to the EEA Agreement should therefore be amended accordingly.












(5)


The position of the Union within the EEA Joint Committee should therefore be based on the draft decision of the EEA Joint Committee,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex IV (Energy) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee (4).


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 4 December 2020.


For the Council


The President

M. ROTH
            





(1)  
            OJ L 305, 30.11.1994, p. 6.

(2)  
            OJ L 1, 3.1.1994, p. 3.

(3)  Commission Regulation (EU) 2017/2195 of 23 November 2017 establishing a guideline on electricity balancing (OJ L 312, 28.11.2017, p. 6).

(4)  See document ST 12942/20 at http://register.consilium.europa.eu
Corrigendum to Agreement between the European Union and the Government of the People’s Republic of China on cooperation on, and protection of, geographical indications (Official Journal of the European Union L 407 of 3 December 2020)
Date: 2020-12-04
Institutions: China, European Union
Subjects: China, cooperation agreement (EU), designation of origin, labelling, product designation








L_2020408EN.01002101.xml










4.12.2020   


EN


Official Journal of the European Union


L 408/21







Corrigendum to Agreement between the European Union and the Government of the People’s Republic of China on cooperation on, and protection of, geographical indications

(
Official Journal of the European Union L 407 of 3 December 2020
)


This publication should be considered null and void.
Corrigendum to Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (Official Journal of the European Union L 58 of 27 February 2020)
Date: 2020-12-04
Institutions: Council of the European Union
Subjects: alcoholic beverage, electrical energy, energy-generating product, excise duty, free movement of goods, import (EU), suspension of customs duties, tax harmonisation, tax system, tobacco








L_2020409EN.01003801.xml










4.12.2020   


EN


Official Journal of the European Union


L 409/38







Corrigendum to Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty

(
Official Journal of the European Union L 58 of 27 February 2020
)


On page 31, in Article 43(1):
for:


                  ‘… and of fallback documents referred to in Articles 38, 39 and 41 …’,

read:


                  ‘… and of fallback documents referred to in Articles 38, 39 and 40 …’.
Case C-657/20: Request for a preliminary ruling from the Juzgado de Primera Instancia No 1 de Cazalla de la Sierra (Spain) lodged on 4 December 2020 — Caixabank, S.A. v ZN, SD, AH
Date: 2020-12-04
Institutions: Court of Justice
Subjects: consumer credit, consumer protection, real estate credit, redemption, unfair terms of contract








C_2021088EN.01001301.xml










15.3.2021   


EN


Official Journal of the European Union


C 88/13






Request for a preliminary ruling from the Juzgado de Primera Instancia No 1 de Cazalla de la Sierra (Spain) lodged on 4 December 2020 — Caixabank, S.A. v ZN, SD, AH
(Case C-657/20)
(2021/C 88/17)
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia No 1 de Cazalla de la Sierra

Parties to the main proceedings


Applicant: Caixabank, S.A.

Defendants: ZN, SD, AH

Questions referred

Having regard to the rights set out in DIRECTIVE 93/13 (1) and the criteria laid down by the judgments of the European Court of Justice of 14 March 2013 and of 26 March 2019, which establish that non-performance of the payment obligation must be sufficiently serious in the light of the term and amount of the loan in order for the accelerated repayment clause to apply, the following question is referred:
Is it necessary for non-performance of the payment obligation to be sufficiently serious in respect of both the amount and the term of the loan simultaneously, or does it suffice for it to be sufficiently serious in respect of only one of those criteria?
If regard must be had to both criteria (term and amount of the loan), and both criteria must be satisfied and assessed jointly, this raises questions as to whether national legislation (Article 24 of Law 5/19) and national case-law (judgment of the Tribunal Supremo (Supreme Court) No 463/19) require both criteria to be weighed.
If both criteria (term and amount of the loan) must be satisfied and assessed jointly, this raises questions as to how to resolve cases where there is serious non-compliance only with regard to the amount of the loan as provided for in Article 24 of Law 5/19, on grounds of non-payment of 3 % of the principal sum, but there is no serious non-compliance as regards the term of the loan as provided for by the only temporal references in Article 24 of Law 5/19, in that fewer than 12 repayment instalments had been missed.


(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 3 December 2020 2020/C 419/10
Date: 2020-12-04
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020419EN.01003101.xml










4.12.2020   


EN


Official Journal of the European Union


C 419/31






Euro exchange rates (1)

3 December 2020
(2020/C 419/10)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2151 




JPY


Japanese yen


126,49 




DKK


Danish krone


7,4439 




GBP


Pound sterling


0,90358 




SEK


Swedish krona


10,3025 




CHF


Swiss franc


1,0831 




ISK


Iceland króna


153,00 




NOK


Norwegian krone


10,7070 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,420 




HUF


Hungarian forint


357,63 




PLN


Polish zloty


4,4733 




RON


Romanian leu


4,8730 




TRY


Turkish lira


9,5021 




AUD


Australian dollar


1,6361 




CAD


Canadian dollar


1,5692 




HKD


Hong Kong dollar


9,4188 




NZD


New Zealand dollar


1,7175 




SGD


Singapore dollar


1,6228 




KRW


South Korean won


1 325,91 




ZAR


South African rand


18,5475 




CNY


Chinese yuan renminbi


7,9567 




HRK


Croatian kuna


7,5470 




IDR


Indonesian rupiah


17 181,51 




MYR


Malaysian ringgit


4,9453 




PHP


Philippine peso


58,299 




RUB


Russian rouble


90,8441 




THB


Thai baht


36,660 




BRL


Brazilian real


6,3037 




MXN


Mexican peso


24,1384 




INR


Indian rupee


89,7090 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.9993 — Allianz/Noble) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 419/14
Date: 2020-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, insurance company, investment company, merger control, offshore drilling








C_2020419EN.01004701.xml










4.12.2020   


EN


Official Journal of the European Union


C 419/47






Prior notification of a concentration
(Case M.9993 — Allianz/Noble)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 419/14)

1.   
On 27 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:






—


Allianz SE (‘Allianz’), belonging to the Allianz Group (‘Allianz Group’), both of Germany,










—


Noble plc (‘Noble’, UK).




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


2.   
The business activities of the undertakings concerned are:






—


for Allianz: providing financial services globally, predominantly in relation to life and non-life insurance and asset management,










—


for Noble: providing contract drilling services to the international oil and gas industry with a global fleet of mobile offshore drilling units.






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.9993 — Allianz/Noble
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.
Non-opposition to a notified concentration (Case M.10033 — Platinum Compass/OTPP/EDPL) (Text with EEA relevance) 2020/C 427/02
Date: 2020-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: bioenergy, economic concentration, energy production, merger control, pension fund, solar energy, waste management, wind energy








C_2020427EN.01000201.xml










10.12.2020   


EN


Official Journal of the European Union


C 427/2






Non-opposition to a notified concentration
(Case M.10033 — Platinum Compass/OTPP/EDPL)
(Text with EEA relevance)
(2020/C 427/02)
On 4 December 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 32020M10033. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-660/20: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 4 December 2020 — MK v Lufthansa CityLine GmbH
Date: 2020-12-04
Institutions: Court of Justice
Subjects: bonus payment, equal treatment, full-time employment, labour law, part-time employment, working time








C_2021062EN.01001702.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/17






Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 4 December 2020 — MK v Lufthansa CityLine GmbH
(Case C-660/20)
(2021/C 62/21)
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Appellant in the appeal on a point of law: MK

Respondent in the appeal on a point of law: Lufthansa CityLine GmbH

Questions referred







1.


Does a national statutory provision treat part-time workers in a less favourable manner than comparable full-time workers within the meaning of Clause 4.1 of the Framework Agreement on part-time work annexed to Directive 97/81/EC (1) if it permits additional remuneration for part-time and full-time workers to be uniformly contingent on the same number of working hours having been exceeded, and therefore allows account to be taken of the overall remuneration, and not of the component of the remuneration that comprises the additional remuneration?










2.


If Question 1 is answered in the affirmative:
Is a national statutory provision which allows an entitlement to additional remuneration to be made conditional on the same number of working hours being exceeded uniformly in the case of both part-time and full-time workers compatible with Clause 4.1 and the principle of pro rata temporis in Clause 4.2 of the Framework Agreement on part-time work annexed to Directive 97/81/EC if the purpose of the additional remuneration is to compensate for a particular workload?






(1)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).
Case C-659/20: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 4 December 2020 — ET v Ministerstvo životního prostředí
Date: 2020-12-04
Institutions: Court of Justice
Subjects: animal breeding, bird, protected species, protection of animal life








C_2021062EN.01001701.xml










22.2.2021   


EN


Official Journal of the European Union


C 62/17






Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 4 December 2020 — ET v Ministerstvo životního prostředí
(Case C-659/20)
(2021/C 62/20)
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: ET

Defendant: Ministerstvo životního prostředí

Questions referred







1.


Does ‘breeding stock’, as defined by Commission Regulation (EC) No 865/2006 (1) laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, include specimens that are the parents of specimens bred by a given breeder, even though that breeder never owned or kept them?










2.


If the answer to the first question is that such parent specimens do not constitute a part of the breeding stock, are competent bodies authorised to verify, in examining compliance with the condition set in Article 54(2) of Commission Regulation (EC) No 865/2006, consisting of the establishment of stock legally and, at the same time, in a manner not detrimental to the survival of wild specimens, the origin of those parent specimens and to infer on that basis whether the breeding stock has been established in accordance with the rules set out in Article 54(2) of the Regulation?










3.


In examining compliance with the condition set out in Article 54(2) of Commission Regulation (EC) No 865/2006, consisting of the establishment of stock legally and, at the same time, in a manner not detrimental to the survival of wild specimens, can further circumstances of the case be taken into consideration (in particular, good faith in the transfer of the specimens and the legitimate expectation that trading in their potential offspring will be permitted, and potentially also the less stringent legislation applicable in the Czech Republic prior to the country’s accession to the European Union)?






(1)  OJ 2006 L 166, p. 1.
Prior notification of a concentration (Case M.10065 — Advent/Nielsen Global Connect) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 419/13
Date: 2020-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, market research, merger control








C_2020419EN.01004601.xml










4.12.2020   


EN


Official Journal of the European Union


C 419/46






Prior notification of a concentration
(Case M.10065 — Advent/Nielsen Global Connect)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 419/13)

1.   
On 26 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:






—


Advent International Corporation (‘Advent’, USA);










—


Nielsen Global Connect (United Kingdom), belonging to Nielsen Holdings Plc (United Kingdom).




Advent acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Nielsen Global Connect. The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Advent: global private equity investor with holdings in five core sectors, namely business and financial services, healthcare, industrial, retail consumer and leisure, and technology.










—


for Nielsen Global Connect: market research services, consisting of retail transactional measurement data, consumer behaviour information and analytics.






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.10065 — Advent/Nielsen Global Connect
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.
Non-opposition to a notified concentration (Case M.10036 — Tata Consultancy Services Netherlands/Postbank Systems) (Text with EEA relevance) 2020/C 427/01
Date: 2020-12-04
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, information technology, merger control, service








C_2020427EN.01000101.xml










10.12.2020   


EN


Official Journal of the European Union


C 427/1






Non-opposition to a notified concentration
(Case M.10036 — Tata Consultancy Services Netherlands/Postbank Systems)
(Text with EEA relevance)
(2020/C 427/01)
On 4 December 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 32020M10036. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.