do-me/EUR-LEX huggingface dataset:
Case T-14/21: Action brought on 15 January 2021 — Ryanair v Commission
Date: 2021-01-15
Institutions: General Court
Subjects: Belgium, State aid, aid to undertakings, airline, capital increase, control of State aid, equal treatment, freedom to provide services, loan, right of establishment








C_2021072EN.01003301.xml










1.3.2021   


EN


Official Journal of the European Union


C 72/33






Action brought on 15 January 2021 — Ryanair v Commission
(Case T-14/21)
(2021/C 72/44)
Language of the case: English

Parties


Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F. Laprévote, V. Blanc, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 21 August 2020 on State Aid SA.57544(2020/N) — Belgium COVID-19: Aid to Brussels Airlines; and










—


order the European Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission misapplied its Temporary Framework by finding that the loan to Brussels Airlines complied with the Temporary Framework and that Brussels Airlines is eligible to recapitalisation aid, by failing to assess whether there were other more appropriate and less distortive measures available besides the recapitalisation, finding that the amount of recapitalisation was proportionate, and failing to impose an effective ban on aggressive expansion by Brussels Airlines.










2.


Second plea in law, alleging that the European Commission misapplied Article 107(3)(b) TFEU by finding that the aid addresses a serious disturbance in the Belgian economy, and by violating its obligation to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition (i.e., the ‘balancing test’).










3.


Third plea in law, alleging that the decision violates the general principles of non-discrimination, free provision of services and free establishment.










4.


Fourth plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the Applicant’s procedural rights.










5.


Fifth plea in law, alleging that the European Commission violated its duty to state reasons.
Case C-28/21: Request for a preliminary ruling from the Sąd Okręgowy w Łodzi (Poland) lodged on 15 January 2021 — TM v EJ
Date: 2021-01-15
Institutions: Court of Justice
Subjects: compulsory insurance, damages, insurance company, motor vehicle insurance, national implementing measure, third-party insurance








C_2021182EN.01002702.xml










10.5.2021   


EN


Official Journal of the European Union


C 182/27






Request for a preliminary ruling from the Sąd Okręgowy w Łodzi (Poland) lodged on 15 January 2021 — TM v EJ
(Case C-28/21)
(2021/C 182/39)
Language of the case: Polish

Referring court

Sąd Okręgowy w Łodzi

Parties to the main proceedings


Applicant: TM

Defendant: EJ

Question referred

Must the phrase ‘each Member State shall take all appropriate measures’ in Article 3 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability (1) in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (OJ 2009 L 263, p. 11) be interpreted as meaning that, under the legislation of the Member States, insurance undertakings should be made fully liable under insurance against civil liability, including for such consequences as lost profits on the part of the victim?


(1)  OJ 2009 L 263, p. 11.
Corrigendum to Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy duty vehicles (Official Journal of the European Union L 303 of 25 November 2019)
Date: 2021-01-15
Institutions: European Commission
Subjects: access to information, approval, engine, environmental standard, large vehicle, maintenance, motor vehicle pollution, technical specification, technical standard








L_2021012EN.01000301.xml










15.1.2021   


EN


Official Journal of the European Union


L 12/3







Corrigendum to Commission Regulation (EU) 2019/1939 of 7 November 2019 amending Regulation (EU) No 582/2011 as regards Auxiliary Emission Strategies (AES), access to vehicle OBD information and vehicle repair and maintenance information, measurement of emissions during cold engine start periods and use of portable emissions measurement systems (PEMS) to measure particle numbers, with respect to heavy duty vehicles

(
Official Journal of the European Union L 303 of 25 November 2019
)

On page 16, Annex II, point 13(c), Table 1, ‘Test parameters’ is replaced as follows:

‘Table 1


Test parameters








Parameter


Unit


Source




THC concentration (1)



ppm


Gas analyser




CO concentration (1)



ppm


Gas analyser




NOx concentration (1)



ppm


Gas analyser




CO2 concentration (1)



ppm


Gas analyser




CH4 concentration  (1)
 (2)



ppm


Gas analyser




PM number concentration


#/cm3



PM number analyser




Dilution setting (if applicable)


-


PM number analyser




Exhaust gas flow


kg/h


Exhaust Flow Meter (hereinafter “EFM”)




Exhaust temperature


K


EFM




Ambient temperature (3)



K


Sensor




Ambient pressure


kPa


Sensor




Engine torque (4)



Nm


ECU or Sensor




Engine speed


rpm


ECU or Sensor




Engine fuel flow


g/s


ECU or Sensor




Engine coolant temperature


K


ECU or Sensor




Engine intake air temperature (3)



K


Sensor




Vehicle ground speed


km/h


ECU and GPS




Vehicle latitude


degree


GPS




Vehicle longitude


degree


GPS







(1)  Measured or corrected to a wet basis.

(2)  Gas engines only.

(3)  Use the ambient temperature sensor or an intake air temperature sensor.

(4)  The recorded value shall be either (a) the net brake engine torque in accordance with point 2.4.4 of this Appendix or (b) the net brake engine torque calculated from the torque values in accordance with point 2.4.4 of this Appendix.’
Non-opposition to a notified concentration (Case M.10073 — Vitol/Drax Generation) (Text with EEA relevance) 2021/C 22/01
Date: 2021-01-15
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electrical energy, energy distribution, energy industry, energy production, merger control, power plant








C_2021022EN.01000101.xml










21.1.2021   


EN


Official Journal of the European Union


C 22/1







Non-opposition to a notified concentration
(Case M.10073 — Vitol/Drax Generation)
(Text with EEA relevance)
(2021/C 22/01)

On 15 January 2021, 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 32021M10073. 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.10084 — ACP/Marubeni/Toho Gas/GGND) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 16/06
Date: 2021-01-15
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy distribution, energy industry, gas pipeline, gas supply, investment company, merger control, natural gas, provision of services, retail trade








C_2021016EN.01001701.xml










15.1.2021   


EN


Official Journal of the European Union


C 16/17






Prior notification of a concentration
(Case M.10084 — ACP/Marubeni/Toho Gas/GGND)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 16/06)

1.   
On 8 January 2021, 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 Capital Partners GmbH (‘ACP’, Germany), belonging to the Allianz Group,










—


Marubeni Corporation (‘Marubeni’, Japan),










—


Toho Gas Co. Ltd. (‘Toho Gas’, Japan),










—


Galp Gás Natural Distribuição, S.A. (‘GGND’, Portugal).




ACP, Marubeni and Toho Gas acquire joint control within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation of the whole of GGND.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for ACP: mainly active as regards private equity, infrastructure and renewable energy investments,










—


for Marubeni: active in global trading across various industries, including in energy and energy related projects,










—


for Toho Gas: mainly supplying natural gas and related services in Japan,










—


for GGND: primarily active in the distribution and retail of natural gas in Portugal.






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.10084 — ACP/Marubeni/Toho Gas/GGND
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-25/21: Request for a preliminary ruling from the Juzgado de lo Mercantil No 2 de Madrid (Spain) lodged on 15 January 2021 — ZA, AZ, BX, CV, DU and ET v Repsol Comercial de Productos Petrolíferos, S.A.
Date: 2021-01-15
Institutions: Court of Justice
Subjects: competition law, competition policy, proof, restriction on competition, restrictive trade practice, supplies contract








C_2021189EN.01000502.xml










17.5.2021   


EN


Official Journal of the European Union


C 189/5






Request for a preliminary ruling from the Juzgado de lo Mercantil No 2 de Madrid (Spain) lodged on 15 January 2021 — ZA, AZ, BX, CV, DU and ET v Repsol Comercial de Productos Petrolíferos, S.A.
(Case C-25/21)
(2021/C 189/07)
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil No 2 de Madrid

Parties to the main proceedings


Applicants: ZA, AZ, BX, CV, DU, ET

Defendant: Repsol Comercial de Productos Petrolíferos, S.A.

Questions referred







1.


If the applicant establishes that its exclusive supply contract under a brand name (on a commission basis or an executed sale basis with a discounted reference resale price) with REPSOL falls within the territorial and temporal scope examined by the national competition authority, must the contractual relationship be found to be covered by the decision of the Tribunal de Defensa de la Competencia (Competition Court, Spain) of 11 July 2001 (case 490/00 REPSOL) and/or by the decision of the Comisión Nacional de la Competencia (National Competition Commission, Spain) of 30 July 2009 (case 652/07 REPSOL/CEPSA/BP), the conditions laid down in Article 2 of Regulation (EC) No 1/2003 (1)
regarding the burden of proof of the infringement being deemed to be satisfied pursuant to those decisions?











2.


If the previous question is answered in the affirmative, and it is established in the specific case that the contractual relationship is covered by the decision of the Competition Court of 11 July 2001 (case 490/00 REPSOL) and/or the decision of the National Competition Commission of 30 July 2009 (case 652/07 REPSOL/CEPSA/BP), must the necessary consequence be a declaration that the agreement is automatically void in accordance with Article 101(2) TFEU?







(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).
Council Implementing Regulation (EU) 2021/29 of 15 January 2021 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
Date: 2021-01-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, Syria, economic sanctions, international sanctions, natural person








LI2021012EN.01000101.xml










15.1.2021   


EN


Official Journal of the European Union


LI 12/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2021/29
of 15 January 2021
         
implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.












(2)


In view of the gravity of the situation in Syria, and considering his recent appointment as Minister of Foreign Affairs, Faisal MEKDAD should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012.












(3)


Regulation (EU) No 36/2012 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the date 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, 15 January 2021.


For the Council


The President

A.P. ZACARIAS
            





(1)  
            OJ L 16, 19.1.2012, p. 1.




ANNEX
The following entry is added to the list set out in Section A (Persons) of Annex II to Regulation (EU) No 36/2012:










 


Name


Identifying information


Reasons


Date of listing




‘311.


Faisal MEKDAD
(a.k.a. Fayçal, al-Mekdad, Meqdad, al-Meqdad)
(فيصل المقداد)


Date of birth: 1954;
Place of birth: Ghasm, Daraa Governorate, Syria;
Gender: Male


Minister of Foreign Affairs. Appointed in November 2020.
As a Government Minister, shares responsibility for the Syrian regime’s violent repression against the civilian population.


15.1.2021’
Case T-199/20: Order of the General Court of 15 January 2021 — Aldi Stores v EUIPO — Dualit (Shape of a toaster)
Date: 2021-01-15
Institutions: General Court
Subjects: EU trade mark, household electrical appliance, registered trade mark, trade-mark law








C_2021079EN.01003802.xml










8.3.2021   


EN


Official Journal of the European Union


C 79/38






Order of the General Court of 15 January 2021 — Aldi Stores v EUIPO — Dualit (Shape of a toaster)
(Case T-199/20) (1)

(2021/C 79/49)
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 201, 15.6.2020.
Council Implementing Decision (CFSP) 2021/30 of 15 January 2021 implementing Decision 2013/255/CFSP concerning restrictive measures against Syria
Date: 2021-01-15
Institutions: Council of the European Union
Subjects: EU restrictive measure, Syria, economic sanctions, international sanctions, natural person








LI2021012EN.01000301.xml










15.1.2021   


EN


Official Journal of the European Union


LI 12/3








            COUNCIL IMPLEMENTING DECISION (CFSP) 2021/30
of 15 January 2021
         
implementing Decision 2013/255/CFSP concerning restrictive measures against Syria


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision 2013/255/CFSP of 31 May 2013 concerning restrictive measures against Syria (1), and in particular Article 30(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 31 May 2013, the Council adopted Decision 2013/255/CFSP.












(2)


In view of the gravity of the situation in Syria, and considering his recent appointment as Minister of Foreign Affairs, Faisal MEKDAD should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP.












(3)


Decision 2013/255/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex I to Decision 2013/255/CFSP is amended as set out in the Annex to this Decision.


Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 15 January 2021.


For the Council


The President

A.P. ZACARIAS
            





(1)  
            OJ L 147, 1.6.2013, p. 14.




ANNEX
The following entry is added to the list set out in Section A (Persons) of Annex I to Decision 2013/255/CFSP:










 


Name


Identifying information


Reasons


Date of listing




‘311.


Faisal MEKDAD
(a.k.a. Fayçal, al-Mekdad, Meqdad, al-Meqdad)
(فيصل المقداد)


Date of birth: 1954;
Place of birth: Ghasm, Daraa Governorate, Syria;
Gender: Male


Minister of Foreign Affairs. Appointed in November 2020.
As a Government Minister, shares responsibility for the Syrian regime’s violent repression against the civilian population.


15.1.2021’
Case T-17/21: Action brought on 15 January 2021 — Miquel y Costas & Miquel v EUIPO (Pure Hemp)
Date: 2021-01-15
Institutions: General Court
Subjects: EU trade mark, paper, registered trade mark, smoking, tobacco industry, trade-mark law








C_2021072EN.01003401.xml










1.3.2021   


EN


Official Journal of the European Union


C 72/34






Action brought on 15 January 2021 — Miquel y Costas & Miquel v EUIPO (Pure Hemp)
(Case T-17/21)
(2021/C 72/45)
Language of the case: Spanish

Parties


Applicant: Miquel y Costas & Miquel, SA (Barcelona, Spain) (represented by: J. Mora Cortés, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for the EU figurative mark Pure Hemp — Application for registration No 18 132 358

Contested decision: Decision of the First Board of Appeal of EUIPO of 21 October 2020 in Case R 853/2020-1

Form of order sought

The applicant claims that the Court should:






—


Annul/revoke the contested decision, in so far as it dismisses appeal R 853/2020-1 and partially denies EU mark No 18 132 358 Pure Hemp (figurative);










—


order EUIPO to pay the costs, including those related to the proceedings before the Operations Department and before the First Board of Appeal of EUIPO.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b), in conjunction with Article 7(2) of Regulation 2017/1001.