do-me/EUR-LEX huggingface dataset:
Commission Decision of 7 June 2021 repealing Decision 2009/17/EC 2021/C 219 I/01
Date: 2021-06-07
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: administrative cooperation, committee (EU), exchange of information, free movement of workers, labour mobility, operation of the Institutions, posted worker, provision of services




CI2021219EN.01000101.xml










9.6.2021   


EN


Official Journal of the European Union


CI 219/1






COMMISSION DECISION
of 7 June 2021
repealing Decision 2009/17/EC
(2021/C 219 I/01)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:






(1)


Commission Decision 2009/17/EC (1) established a Committee of Experts on Posting of Workers (‘the Committee’) in order to support and assist Member States in fulfilling their obligations pursuant to Directive 96/71/EC of the European Parliament and of the Council (2).










(2)


In 2019, the European Labour Authority (‘the Authority’) was established by Regulation (EU) 2019/1149 of the European Parliament and of the Council (3) with the aim of assisting Member States and the Commission in their effective application and enforcement of Union law related to labour mobility across the Union and social security systems within the Union, including the posting of workers.










(3)


Pursuant to Article 4 of Regulation (EU) 2019/1149 the Authority is to assist the Member States and the Commission in strengthening the access to information, support compliance and cooperation between the Member States in the consistent, efficient and effective application and enforcement of the Union law related to labour mobility across the Union, coordinate social security systems within the Union and mediate and facilitate solutions in case of disputes.










(4)


The tasks of the Authority pursuant to Article 4 of Regulation (EU) 2019/1149 cover part of the tasks previously carried out by the Committee, including the exchange of information on administrative cooperation and the assistance in questions on implementation pursuant to Article 2 of Commission Decision 2009/17/EC.










(5)


Therefore, Decision 2009/17/EC should be repealed,




HAS DECIDED AS FOLLOWS:

Article 1
Decision 2009/17/EC is repealed.


Article 2
This Decision shall apply from 26 May 2021.


Done at Brussels, 7 June 2021.


For the Commission

Nicolas SCHMIT

Member of the Commission





(1)  2009/17/EC: Commission Decision of 19 December 2008 setting up the Committee of Experts on Posting of Workers (OJ L 8, 13.1.2009, p. 26).

(2)  Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).

(3)  Regulation (EU) 2019/1149 of the European Parliament and of the Council of 20 June 2019 establishing a European Labour Authority, amending Regulations (EC) No 883/2004, (EU) No 492/2011, and (EU) 2016/589 and repealing Decision (EU) 2016/344 (OJ L 186, 11.7.2019, p. 21).
Commission Implementing Regulation (EU) 2021/949 of 7 June 2021 entering a name in the register of protected designations of origin and protected geographical indications (‘Balatoni hal’ (PGI))
Date: 2021-06-07
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Central Transdanubia, Hungary, Southern Transdanubia, Western Transdanubia, designation of origin, fresh fish, freshwater fish, labelling, product designation








L_2021209EN.01009101.xml










14.6.2021   


EN


Official Journal of the European Union


L 209/91








            COMMISSION IMPLEMENTING REGULATION (EU) 2021/949
of 7 June 2021
         
entering a name in the register of protected designations of origin and protected geographical indications (‘Balatoni hal’ (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Hungary’s application to register the name ‘Balatoni hal’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Balatoni hal’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Balatoni hal’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.7. – Fresh fish, molluscs and crustaceans and products derived therefrom, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 7 June 2021.


For the Commission,


On behalf of the President,

Janusz WOJCIECHOWSKI
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 63, 23.2.2021, p. 27.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Special report No 9/2021 Disinformation affecting the EU: tackled but not tamed 2021/C 215/06
Date: 2021-06-07
Institutions: European Court of Auditors
Subjects: Internet, action programme, digital literacy, disinformation, dissemination of information, election, freedom of expression, information, information user, press








C_2021215EN.01000601.xml










7.6.2021   


EN


Official Journal of the European Union


C 215/6






Special report No 9/2021
Disinformation affecting the EU: tackled but not tamed
(2021/C 215/06)
The European Court of Auditors hereby informs you that special report No 9/2021 ‘Disinformation affecting the EU: tackled but not tamed’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu.
Council Decision (CFSP) 2021/919 of 7 June 2021 amending Decision (CFSP) 2018/1939 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism
Date: 2021-06-07
Institutions: Council of the European Union
Subjects: coronavirus disease, epidemic, international convention, nuclear non-proliferation, nuclear weapon, terrorism, the EU's international role




L_2021201EN.01002701.xml










8.6.2021   


EN


Official Journal of the European Union


L 201/27








            COUNCIL DECISION (CFSP) 2021/919
of 7 June 2021
         
amending Decision (CFSP) 2018/1939 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 28(1) and 31(1) thereof,


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

Whereas:







(1)


On 10 December 2018 the Council adopted Decision (CFSP) 2018/1939 (1).












(2)


Decision (CFSP) 2018/1939 provides for an implementation period of 36 months for the activities referred to in Article 1 thereof from the date of conclusion of the financing agreement referred to in Article 3(3) thereof.












(3)


On 6 and 16 April 2021 the United Nations Office on Drugs and Crime and the United Nations Office of Counter-Terrorism, respectively, in their capacity as implementing agencies, requested the authorisation of the Union to extend the implementation of Decision (CFSP) 2018/1939 until 30 November 2022 due to continuing challenges arising from the COVID-19 pandemic.












(4)


The continuation of the activities referred to in Article 1 of Decision (CFSP) 2018/1939 can be performed without any financial resource implications until 30 November 2022.












(5)


Decision (CFSP) 2018/1939 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 5 Decision (CFSP) 2018/1939 is replaced by the following:


‘Article 5
This Decision shall enter into force on the date of its adoption.
It shall expire on 30 November 2022.’.




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




Done at Luxembourg, 7 June 2021.


For the Council


The President

F. VAN DUNEM
            





(1)  Council Decision (CFSP) 2018/1939 of 10 December 2018 on Union support for the universalisation and effective implementation of the International Convention for the Suppression of Acts of Nuclear Terrorism (OJ L 314, 11.12.2018, p. 41).
Case C-356/21: Request for a preliminary ruling from the Sąd Rejonowy dla m. st. Warszawy w Warszawie (Poland) lodged on 7 June 2021 — J.K. v TP S.A.
Date: 2021-06-07
Institutions: Court of Justice
Subjects: EU employment policy, discrimination on the basis of sexual orientation, equal treatment, self-employed person








C_2021391EN.01000501.xml










27.9.2021   


EN


Official Journal of the European Union


C 391/5






Request for a preliminary ruling from the Sąd Rejonowy dla m. st. Warszawy w Warszawie (Poland) lodged on 7 June 2021 — J.K. v TP S.A.
(Case C-356/21)
(2021/C 391/08)
Language of the case: Polish

Referring court

Sąd Rejonowy dla m. st. Warszawy w Warszawie

Parties to the main proceedings


Applicant: J.K.

Defendant: TP S.A.

Question referred

Must Article 3(1)(a) and (c) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (1) be construed as permitting the exclusion from the scope of Council Directive 2000/78/EC, and consequently also as permitting the exclusion from the application of the sanctions laid down in national law pursuant to Article 17 of Council Directive 2000/78/EC, of the freedom of choice of parties to a contract so long as that choice is not based on sex, race, ethnic origin or nationality, in a situation where the alleged discrimination consists in a refusal to enter into a civil-law contract under which work is to be carried out by a self-employed natural person when that refusal is based on the sexual orientation of the prospective counterparty?


(1)  OJ 2000 L 303, p. 16.
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community Invitations to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2021/C 215/07
Date: 2021-06-07
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: France, Germany, Netherlands, Spain, air transport, invitation to tender, services of general interest, transport regulations








C_2021215EN.01000701.xml










7.6.2021   


EN


Official Journal of the European Union


C 215/7






Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitations to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2021/C 215/07)






Member State


France




Routes concerned


Strasbourg – Amsterdam
Strasbourg – Madrid
Strasbourg – Munich




Period of validity of the contract


From 9 April 2022 to 8 April 2025




Deadline for the submission of applications and tenders


4 August 2021, 17.00 Paris time (France)




Address where the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligations can be obtained







Direction Générale de l’Aviation civile – Direction du Transport aérien




Sous-direction des services aériens (SDS1)




50 rue Henry Farman




75 720  Paris CEDEX 15




FRANCE




Tel. +33 388594141
Fax +33 388594146
Email: dsac-ne-osp-bf@aviation-civile.gouv.fr
Buyer profile (website): https://www.marches-publics.gouv.fr/?page=entreprise.EntrepriseAdvancedSearch&AllCons&refConsultation=754634&orgAcronyme=d4t
Non-opposition to a notified concentration (Case M.10204 — Total Produce/Dole Food Company) (Text with EEA relevance) 2021/C 351/04
Date: 2021-06-07
Institutions: Directorate-General for Competition, European Commission
Subjects: agricultural trade, distributive trades, economic concentration, fresh fruit, fresh vegetable, fruit-growing, import, market gardening, merger control, tropical fruit








C_2021351EN.01001701.xml










1.9.2021   


EN


Official Journal of the European Union


C 351/17






Non-opposition to a notified concentration
(Case M.10204 — Total Produce/Dole Food Company)
(Text with EEA relevance)
(2021/C 351/04)
On 7 June 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 32021M10204. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-317/21: Action brought on 7 June 2021 — El Corte Inglés v EUIPO — Brito & Pereira (TINTAS BRICOR)
Date: 2021-06-07
Institutions: General Court
Subjects: EU trade mark, advertising, paints and varnishes, registered trade mark, sales promotion, trade-mark law








C_2021289EN.01005201.xml










19.7.2021   


EN


Official Journal of the European Union


C 289/52






Action brought on 7 June 2021 — El Corte Inglés v EUIPO — Brito & Pereira (TINTAS BRICOR)
(Case T-317/21)
(2021/C 289/70)
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: J. Rivas Zurdo, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Brito & Pereira (Vizela, Portugal)

Details of the proceedings before EUIPO


Applicant for the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for registration of the EU figurative mark TINTAS BRICOR — Application for registration No 17 944 336

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 March 2021 in Case R 882/2020-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision in that, by dismissing the appeal brought by the opponent, it confirms the decision of the Opposition Division handed down in opposition proceedings B 3 070 825, granting EU trade mark No 17 944 336 TINTAS BRICOR (figurative) for certain goods and services in Classes 2 and 35;










—


order the party or parties opposing this action to pay the costs.





Pleas in law







—


Incorrect assessment of the proof of use of the marks relied on in support of the opposition;










—


Inconsistency in the statement of reasons on account of its incoherence or internal contradiction, with regard to what the applicant claims to be clear contradictions between paragraphs such as paragraphs 44, 45 and 46 and the final conclusion, in that the promotional, advertising and business management activity in respect of the BRICOR trade mark recognised in those paragraphs is denied in paragraph 56.
Case C-355/21: Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 7 June 2021 — Procter & Gamble International Operations SA v Perfumesco.pl sp. z o.o., sp. k.
Date: 2021-06-07
Institutions: Court of Justice
Subjects: European Economic Area, goods and services, intellectual property








C_2021357EN.01000801.xml










6.9.2021   


EN


Official Journal of the European Union


C 357/8






Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 7 June 2021 — Procter & Gamble International Operations SA v Perfumesco.pl sp. z o.o., sp. k.
(Case C-355/21)
(2021/C 357/10)
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Applicant: Procter & Gamble International Operations SA

Defendant: Perfumesco.pl sp. z o.o., sp. k.

Question referred

Must Article 10 of Directive 2004/48/EC on the enforcement of intellectual property rights (1) be interpreted as precluding the interpretation of a provision of national law to the effect that a protection measure in the form of destruction of goods relates only to goods illegally manufactured or illegally marked, and cannot be applied to goods illegally put on the market in the territory of the European Economic Area which cannot be found to have been illegally manufactured or illegally marked?


(1)  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45, Special edition in Polish: Chapter 17 Volume 002 P. 32 — 39).
Prior notification of a concentration (Case M.10165 — Astrazeneca/Alexion Pharmaceuticals) (Text with EEA relevance) 2021/C 215/09
Date: 2021-06-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2021215EN.01001001.xml










7.6.2021   


EN


Official Journal of the European Union


C 215/10






Prior notification of a concentration
(Case M.10165 — Astrazeneca/Alexion Pharmaceuticals)
(Text with EEA relevance)
(2021/C 215/09)

1.   
On 31 May 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:






—


AstraZeneca PLC (‘AstraZeneca’, UK); and










—


Alexion Pharmaceuticals Inc. (‘Alexion’, USA).




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


2.   
The business activities of the undertakings concerned are:






—


for AstraZeneca: global pharmaceutical company engaged in the development and commercialisation of medicines in following core therapy areas: (i) oncology; (ii) cardiovascular, renal & metabolism; and (iii) respiratory & immunology;










—


for Alexion: US biopharmaceutical company focusing on rare and ultra-rare diseases for which there is high unmet medical need.






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.10165 — Astrazeneca/Alexion Pharmaceuticals
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’).
Prior notification of a concentration (Case M.10078 — Cargotec/Konecranes) (Text with EEA relevance) 2021/C 215/08
Date: 2021-06-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, handling, harbour installation, load, maritime shipping, merger control, provision of services, road transport








C_2021215EN.01000801.xml










7.6.2021   


EN


Official Journal of the European Union


C 215/8






Prior notification of a concentration
(Case M.10078 — Cargotec/Konecranes)
(Text with EEA relevance)
(2021/C 215/08)

1.   
On 28 May 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:






—


Cargotec Corporation (‘Cargotec’, Finland),










—


Konecranes plc (‘Konecranes’, Finland).




Cargotec enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with Konecranes.
The concentration is accomplished by way of contract.


2.   
The business activities of the undertakings concerned are:






—


for Cargotec: offers equipment and services in particular for cargo handling in ports, terminals, and for ship and road transport. Cargotec’s main activities are divide into the (i) Kalmar business, which offers cargo handling equipment and terminal automated solutions; (ii) Hiab, which offers on-road load handling equipment; and (iii) MacGregor, which provides engineering solutions and services for the maritime industry,










—


for Konecranes: offers equipment and services in particular for lifting and cargo handling in shipyards, ports and terminals. Konecranes’ main activities are divided into the (i) Port Solutions business, which offers container handling equipment and automation technology; (ii) Industrial Equipment, which offers hoists, cranes and material handling solutions for manufacturing and processing industries.






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.10078 — Cargotec/Konecranes
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’).