do-me/EUR-LEX huggingface dataset:
Case C-82/21: Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie (Poland) lodged on 9 February 2021 — B.S., Ł.S. v M.
Date: 2021-02-09
Institutions: Court of Justice
Subjects: consumer protection, interpretation of the law, limitation of legal proceedings, principle of legal certainty, unfair terms of contract








C_2021242EN.01000401.xml










21.6.2021   


EN


Official Journal of the European Union


C 242/4






Request for a preliminary ruling from the Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie (Poland) lodged on 9 February 2021 — B.S., Ł.S. v M.
(Case C-82/21)
(2021/C 242/06)
Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy-Śródmieścia w Warszawie

Parties to the main proceedings


Applicants: B.S., Ł.S.

Defendant: M.

Question referred

Must Articles 6(1) and 7(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts, as well as the principles of equivalence, effectiveness and legal certainty, be interpreted as precluding a judicial interpretation of national legislation to the effect that a consumer’s claim for the reimbursement of amounts unduly paid on the basis of an unfair term in a contract concluded between a seller or supplier and a consumer is subject to a ten-year limitation period which begins to run from the date of each performance by the consumer, even in the case where the consumer was not aware of the unfair nature of that term?


(1)  OJ 1993 L 95, p. 29.
Case T-84/21: Action brought on 9 February 2021 — Jieyang Defa Industry v EUIPO — Mattel (Dolls’ head)
Date: 2021-02-09
Institutions: General Court
Subjects: designs and models, toy industry








C_2021110EN.01003502.xml










29.3.2021   


EN


Official Journal of the European Union


C 110/35






Action brought on 9 February 2021 — Jieyang Defa Industry v EUIPO — Mattel (Dolls’ head)
(Case T-84/21)
(2021/C 110/40)
Language of the case: English

Parties


Applicant: Jieyang Defa Industry Co. Ltd (Jiedong, China) (represented by: C. Bercial Arias, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Mattel, Inc. (El Segundo, California, United States)

Details of the proceedings before EUIPO


Proprietor of the design at issue: Applicant before the General Court

Design at issue: Community design No 2 459 701-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 14 December 2020 in Case R 2021/2019-3

Form of order sought

The applicant claims that the Court should:






—


upheld the appeal and annul the contested decision;










—


order EUIPO and the intervener, if it was the case, to bear the costs incurred by the applicant before the General Court.





Plea in law







—


Infringement of Article 25(1)(b) in conjunction with Articles 4 and 6 of Council Regulation (EC) No 6/2002.
Prior notification of a concentration (Case M.10075 - Nexi/Nets Group) (Text with EEA relevance) 2021/C 46/07
Date: 2021-02-09
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electronic money, financial transaction, merger control, payment








C_2021046EN.01000901.xml










9.2.2021   


EN


Official Journal of the European Union


C 46/9






Prior notification of a concentration
(Case M.10075 - Nexi/Nets Group)
(Text with EEA relevance)
(2021/C 46/07)

1.   
On 1 February 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:






—


Nexi S.p.A. (‘Nexi’, Italy), jointly controlled by private equity firms Advent International and Bain Capital,










—


The Nets Group, including Nets A/S (‘Nets’, Denmark), and Concardis Payment Group (‘Concardis’, Germany).




Nexi acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the Nets Group.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Nexi provides payment services for merchants, cardholders and banks, such as card issuing and merchant acquiring services, provision of POS terminals and related services, smart payment cards services, automated cash handling products’ services, clearing services for payments and digital corporate services.










—


The Nets Group provides, among other product and services, merchant acquiring services, POS terminals and enabled payment gateways, card processing services, and smart payment cards services.






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.



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.10075 - Nexi/Nets Group
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’).
Judgment of the Court of 9 February 2021 in Case E-1/20 Kerim v The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE) (Freedom of movement – Directive 2004/38/EC – Abuse – Marriages of convenience – Derived rights for third-country nationals) 2021/C 245/15
Date: 2021-02-09
Institutions: EFTA Court
Subjects: European Economic Area, Norway, foreign national, marriage of convenience, misuse of a right, residence permit








C_2021245EN.01001901.xml










24.6.2021   


EN


Official Journal of the European Union


C 245/19






JUDGMENT OF THE COURT
of 9 February 2021
in Case E-1/20
Kerim v The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE)


(Freedom of movement – Directive 2004/38/EC – Abuse – Marriages of convenience – Derived rights for third-country nationals)


(2021/C 245/15)
In Case E-1/20, Kerim v The Norwegian Government, represented by the Immigration Appeals Board (Utlendingsnemnda – UNE) – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett) concerning the interpretation of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, and in particular Article 7(1)(b), read in conjunction with Article 7(2) and Article 35 thereof, the Court, composed of Páll Hreinsson, President (Judge-Rapporteur), Per Christiansen, and Bernd Hammermann, Judges, gave judgment on 9 February 2021, the operative part of which is as follows:






1.


In order to determine whether a marriage of convenience for the purposes of Article 35 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States exists, in circumstances in which reasonable doubts exist as to whether the marriage in question is in fact genuine, it is necessary for the national authorities to establish, on the basis of a case-by-case examination, that at least one spouse in the marriage has essentially entered into it for the purpose of improperly obtaining the right of free movement and residence by a third-country national spouse rather than for the establishment of a genuine marriage.










2.


For the determination of whether a marriage of convenience for the purposes of Article 35 of Directive 2004/38 exists, in circumstances in which reasonable doubts exist as to whether the marriage in question is in fact genuine, facts must be established and assessed in their entirety, which includes taking into account the subjective intention of an EEA national for entering into a marriage with a third-country national.
Communication of the European Parliament concerning the European Citizen’s Prize CIVI EUROPAEO PRAEMIUM 2021/C 91 I/02
Date: 2021-02-09
Institutions: European Parliament
Subjects: European citizenship, candidate, cultural prize








CI2021091EN.01000501.xml










18.3.2021   


EN


Official Journal of the European Union


CI 91/5






Communication of the European Parliament concerning the European Citizen’s Prize

CIVI EUROPAEO PRAEMIUM

(2021/C 91 I/02)
The Chancellery of the European Citizen’s Prize held its annual meeting on 9 February 2021 with Mrs Dita Charanzová, Vice-President of the European Parliament and Chancellor of the European Citizen’s Prize, in the chair.
At that meeting the following list of prize winners for 2020 was drawn up.
The prizes will be awarded at public award ceremonies in the Member States where laureates are based, organised by the Liaison Offices of the European Parliament. The laureates will also attend a central award ceremony at the European Parliament in Brussels or Strasbourg in November 2021.


CIVI EUROPAEO PRAEMIUM




Laureates/Winners








1.



Belgium: Generation Climate Europe










2.



Bulgaria: Foundation ‘Music for Bulgaria’










3.



Bulgaria: Legal Art Centre










4.



Czech Republic: CIIRC CTU Czech Institute of Informatics, Robotics and Cybernetics, Czech Technical University in Prague










5.



Germany: Europäisches Jugendparlament in Deutschland e.V.










6.



Estonia: Tallinna Keskraamatukogu










7.



Ireland: Irish Girl Guides Europe Badge










8.



Ireland: Family Carers Ireland










9.



Greece: Symbiosis










10.



Spain: Red de solidaridad vecinal Somos Tribu VK










11.



France: Banlieue Santé










12.



Croatia: Scout and Guide Association of Croatia










13.



Italy: 6023 APS










14.



Cyprus: ICLAIM










15.



Cyprus: Κώστας Βήχας










16.



Latvia: Organizācija ManaBalss – Sabiedrības Līdzdalības Fonds










17.



Lithuania: Ltd ‘Burokelis ir krapas’










18.



Luxembourg: Scouting in Luxembourg










19.



Hungary: Oltalom Karitatív Egyesület










20.



Hungary: Laura Sarolta Baritz










21.



Malta: Lockdown Festival










22.



Netherlands: Stichting Geen Grens










23.



Austria: Euro Babble










24.



Austria: Caritas für Menschen in Not










25.



Poland: Inicjatywa ‘Wolne Sądy’










26.



Portugal: Corpo Nacional de Escutas (CNE) – Escutismo Católico Português










27.



Romania: Dăruieşte Aripi Association










28.



Slovakia: OLYMP










29.



Finland: Finnish Association for Nature Conservation










30.



Sweden: Yalla Trappan
Prior notification of a concentration (Case M.10088 — PAI partners/Euro Ethnic Foods) (Text with EEA relevance) 2021/C 46/06
Date: 2021-02-09
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, food industry, fruit juice, investment company, merger control, vegetable juice








C_2021046EN.01000801.xml










9.2.2021   


EN


Official Journal of the European Union


C 46/8






Prior notification of a concentration
(Case M.10088 — PAI partners/Euro Ethnic Foods)
(Text with EEA relevance)
(2021/C 46/06)

1.   
On 29 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:






—


PAI Partners SAS (‘PAI Partners’, France),










—


Euro Ethnic Foods S.A. (‘EEF’, Luxembourg).




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


2.   
The business activities of the undertakings concerned are:






—


for PAI Partners: a private equity company that invests mainly in the consumer goods, capital goods, retail and distribution, healthcare, and business services sectors. PAI Partners is also the parent company of, inter alia, Refresco, an undertaking active in the production and bottling of non-alcoholic beverages, in particular carbonated drinks, fruit juice and soft drinks.










—


EFF: operates the grocery and drinks section of Grand Frais stores and is also the parent company of La Compagnie des Pruneaux, active in the production and sale to third parties of raw materials composed of prunes, in particular prune juice.






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.



4.   
The Commission invites interested third parties to submit any observations they may have on the proposed transaction to the Commission.
Observations must reach the Commission no later than ten days following the date on which this notification is published. The following reference should always be specified:
M.10088 — PAI partners/Euro Ethnic Foods
Observations can be sent to the Commission by e-mail, 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’).
Prior notification of a concentration (Case M.10155 — OTPP/SL GIO II/SGI) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 46/03
Date: 2021-02-09
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, gas supply, health insurance, investment company, life assurance, merger control, pension scheme








C_2021046EN.01000301.xml










9.2.2021   


EN


Official Journal of the European Union


C 46/3






Prior notification of a concentration
(Case M.10155 — OTPP/SL GIO II/SGI)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 46/03)

1.   
On 1 February 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:






—


Ontario Teachers’ Pension Plan Board (‘OTPP’, Canada),










—


Swiss Life GIO II Eur Holding S.À.R.L (‘SL GIO II’, Luxembourg), belonging to Swiss Life Holding AG (‘Swiss Life’, Switzerland),










—


Societa Gasdotti Italia S.p.A. (‘SGI’, Italy), currently controlled by SL GIO II and MEIF 4 which is ultimately controlled by Macquarie Group (Australia).




OTPP and SL GIO II acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of the whole of SGI.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for OTPP: active in the administration of pension benefits and the investment of pension plan assets of teachers in the Canadian province of Ontario,










—


for SL GIO II: a fund owned by Swiss Life, a provider of life insurances, pensions, health insurance and asset management,










—


for SGI: an independent transmission system operator (TSO) which owns a limited part of the Italian high pressure gas network.






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.10155 — OTPP/SL GIO II/SGI
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.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 8 February 2021 2021/C 46/02
Date: 2021-02-09
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021046EN.01000201.xml










9.2.2021   


EN


Official Journal of the European Union


C 46/2






Euro exchange rates (1)

8 February 2021
(2021/C 46/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2025 




JPY


Japanese yen


126,97 




DKK


Danish krone


7,4365 




GBP


Pound sterling


0,87833 




SEK


Swedish krona


10,1148 




CHF


Swiss franc


1,0842 




ISK


Iceland króna


154,70 




NOK


Norwegian krone


10,2725 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,739 




HUF


Hungarian forint


358,33 




PLN


Polish zloty


4,4824 




RON


Romanian leu


4,8748 




TRY


Turkish lira


8,5308 




AUD


Australian dollar


1,5693 




CAD


Canadian dollar


1,5363 




HKD


Hong Kong dollar


9,3219 




NZD


New Zealand dollar


1,6740 




SGD


Singapore dollar


1,6067 




KRW


South Korean won


1 347,77 




ZAR


South African rand


17,9701 




CNY


Chinese yuan renminbi


7,7618 




HRK


Croatian kuna


7,5583 




IDR


Indonesian rupiah


16 876,31 




MYR


Malaysian ringgit


4,8888 




PHP


Philippine peso


57,843 




RUB


Russian rouble


89,4049 




THB


Thai baht


36,098 




BRL


Brazilian real


6,4955 




MXN


Mexican peso


24,3050 




INR


Indian rupee


87,7240 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.10150 — Ares/OTPP/TricorBraun) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 46/05
Date: 2021-02-09
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, packaging, pension scheme








C_2021046EN.01000701.xml










9.2.2021   


EN


Official Journal of the European Union


C 46/7






Prior notification of a concentration
(Case M.10150 — Ares/OTPP/TricorBraun)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 46/05)

1.   
On 1 February 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:






—


Ares Management Corporation (‘Ares’, USA),










—


Ontario Teachers’ Pension Plan Board (‘OTPP’, Canada),










—


TCB Holdings I Corp (‘TricorBraun’, USA).




Ares and OTPP acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of TricorBraun.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Ares: alternative asset management in the North America, Europe, Asia Pacific,










—


for OTPP: administration of pension benefits and investments in pension plan assets on behalf of active and retired teachers in the Province of Ontario,










—


for TricorBraun: design and distribution of packaging, including plastic containers, sprayers, dispensers and closures, glass containers and flexible packaging, active in the USA and internationally.






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.10150 — Ares/OTPP/TricorBraun
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.
Notice concerning the entry into force of an Agreement between the European Union and the Government of the People's Republic of China on cooperation on, and protection of, geographical indications
Date: 2021-02-09
Institutions: Council of the European Union
Subjects: China, cooperation agreement (EU), designation of origin, labelling, product designation








L_2021045EN.01000101.xml










9.2.2021   


EN


Official Journal of the European Union


L 45/1







Notice concerning the entry into force of an Agreement between the European Union and the Government of the People's Republic of China on cooperation on, and protection of, geographical indications

The Agreement between the European Union and the Government of the People's Republic of China on cooperation on, and protection of, geographical indications (1), signed in Beijing on 14 September 2020, shall, pursuant to its Article 14.1, enter into force as from 1 March 2021.


(1)  
            OJ L 408 I, 4.12.2020, p. 3.