do-me/EUR-LEX huggingface dataset:
Case T-348/21: Action brought on 22 June 2021 — Volkskreditbank v SRB
Date: 2021-06-22
Institutions: General Court
Subjects: EU banking union, bank, company in difficulties, financing plan, fund (EU), principle of legal certainty, principle of proportionality, right to justice, rights of the defence








C_2021320EN.01005101.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/51






Action brought on 22 June 2021 — Volkskreditbank v SRB
(Case T-348/21)
(2021/C 320/57)
Language of the case: German

Parties


Applicant: Volkskreditbank AG (Linz, Austria) (represented by G. Eisenberger and A. Brenneis, lawyers)

Defendant: Single Resolution Board (SRB)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Single Resolution Board of 14 April 2021 on the calculation of the ex-ante contributions to the single resolution fund for 2021 (ref: SRB/ESF/2021/22), including the annexes thereto, in any event in so far as that Decision, including the annexes thereto, concerns the contribution to be paid by the applicant;










—


stay the present proceedings under Article 69(c) and (d) of the Rules of Procedure of the General Court until final settlement of (joined) cases C-584/20 P (1) and C-621/20 P, (2) C-663/20 P (3) and C-664/20 P, (4) as the legal questions are largely the same in those pending appeals;










—


order the Single Resolution Board to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law, which are identical to the pleas in law put forward in Case T-347/21, Hypo Vorarlberg Bank v SRB.


(1)  OJ 2020 C 423, p. 32.

(2)  OJ 2020 C 443, p. 17.

(3)  OJ 2021 C 44, p. 33.

(4)  OJ 2021 C 44, p. 35.
Case C-81/20: Order of the Court (Seventh Chamber) of 22 June 2021 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — SC Mitliv Exim SRL v Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Value added tax (VAT) — Directive 2006/112/EC — Fundamental rights — Principle of ne bis in idem — Both criminal and administrative penalties — Not applicable — Ancillary tax liabilities — Interest on a sum paid by the taxpayer in the context of criminal proceedings)
Date: 2021-06-22
Institutions: Court of Justice
Subjects: VAT, administrative sanction, criminal proceedings, interest, penalty, right to justice, tax evasion, taxpayer








C_2021382EN.01000501.xml










20.9.2021   


EN


Official Journal of the European Union


C 382/5






Order of the Court (Seventh Chamber) of 22 June 2021 (request for a preliminary ruling from the Tribunalul Bucureşti — Romania) — SC Mitliv Exim SRL v Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili
(Case C-81/20) (1)

(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Value added tax (VAT) - Directive 2006/112/EC - Fundamental rights - Principle of ne bis in idem - Both criminal and administrative penalties - Not applicable - Ancillary tax liabilities - Interest on a sum paid by the taxpayer in the context of criminal proceedings)
(2021/C 382/05)
Language of the case: Romanian

Referring court

Tribunalul Bucureşti

Parties to the main proceedings


Applicant: SC Mitliv Exim SRL

Defendants: Agenţia Naţională de Administrare Fiscală, Direcţia Generală de Administrare a Marilor Contribuabili

Operative part of the order

Articles 2 and 63 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, where taxable transactions have taken place and the related value added tax is chargeable, a payment made, even provisionally, seeking to honour the corresponding tax claim cannot be regarded as unfair and cannot generate interest to the benefit of the taxpayer who made that payment.


(1)  OJ C 279, 24.8.2020.
Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP, as implemented by Council Implementing Decision (CFSP) 2021/1002 and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) 2021/996 concerning restrictive measures in view of the situation in Belarus 2021/C 244/05
Date: 2021-06-22
Institutions: Council of the European Union
Subjects: Belarus, EU restrictive measure, economic sanctions, international sanctions, natural person








C_2021244EN.01001501.xml










22.6.2021   


EN


Official Journal of the European Union


C 244/15






Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP, as implemented by Council Implementing Decision (CFSP) 2021/1002 and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) 2021/996 concerning restrictive measures in view of the situation in Belarus
(2021/C 244/05)
The following information is brought to the attention of the persons that appear in the Annex to Council Decision 2012/642/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2021/1002 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3) as implemented by Council Implementing Regulation (EU) 2021/996 (4), concerning restrictive measures in view of the situation in Belarus.
The Council of the European Union has decided that those persons should be included on the list or persons subject to restrictive measures provided for in Decision 2012/642/CFSP and Regulation (EC) No 765/2006. The grounds for designations of those persons appear in the relevant entries in those Annexes.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons concerned may submit a request to the Council before 30 November 2021, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council’s periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.


(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 219 I, 21.6.2021, p. 70.

(3)  OJ L 134, 20.5.2006, p. 1.

(4)  OJ L 219 I, 21.6.2021, p. 1.
Prior notification of a concentration (Case M.10206 — Mayr-Melnhof Karton/International Paper (Poland)) (Text with EEA relevance) 2021/C 244/13
Date: 2021-06-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, pulp and paper industry








C_2021244EN.01002501.xml










22.6.2021   


EN


Official Journal of the European Union


C 244/25






Prior notification of a concentration
(Case M.10206 — Mayr-Melnhof Karton/International Paper (Poland))
(Text with EEA relevance)
(2021/C 244/13)

1.   
On 14 June, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Mayr-Melnhof Cartonboard International GmbH (Austria), belonging to the group Mayr-Melnhof Karton AG (‘MM’, Austria),










—


International Paper (Poland) Holding Sp.z.o.o. (together with its subsidiaries ‘IP Poland’, Poland).




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


2.   
The business activities of the undertakings concerned are:






—


for MM: production of cartonboard and packaging products, in particular folding cartons and, to a limited extent, (mechanical) pulp,










—


for IP Poland: manufacture of uncoated woodfree paper, folding box board , kraft paper and pulp.






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.10206 — Mayr-Melnhof Karton/International Paper (Poland)
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’).
Case T-207/21 R: Order of the President of the General Court of 22 June 2021 — Polynt v ECHA (Application for interim measures — REACH — Hexahydro-4-methylphthalic anhydride substance — Obligation to register — Evaluation of dossiers — Examination of testing proposals — Obligation to provide certain information requiring animal testing — Application for interim measures — No urgency)
Date: 2021-06-22
Institutions: General Court
Subjects: animal experimentation, chemical product, environmental protection, public health, scientific report, toxic substance








C_2021320EN.01003802.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/38






Order of the President of the General Court of 22 June 2021 — Polynt v ECHA
(Case T-207/21 R)
(Application for interim measures - REACH - Hexahydro-4-methylphthalic anhydride substance - Obligation to register - Evaluation of dossiers - Examination of testing proposals - Obligation to provide certain information requiring animal testing - Application for interim measures - No urgency)
(2021/C 320/44)
Language of the case: English

Parties


Applicant: Polynt SpA (Scanzorosciate, Italy) (represented by: C. Mereu, P. Sellar and S. Abdel-Qader, lawyers)

Defendant: European Chemicals Agency (represented by: M. Heikkilä, W. Broere and N. Knight, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for the suspension of the operation of Decision A 015 2019 of the Board of Appeal of ECHA of 9 February 2021, which requests the applicant to carry out an Extended One-Generation Reproductive Toxicity Study (EOGRTS) of the substance hexahydro-4-methylphthalic anhydride or for the grant of any other interim measures deemed appropriate.

Operative part of the order







1.


The application for interim measures is dismissed;










2.


The costs shall be reserved.
Council Decision (EU) 2021/1076 of 22 June 2021 appointing two alternate members, proposed by the Czech Republic, of the Committee of the Regions
Date: 2021-06-22
Institutions: Council of the European Union
Subjects: Czechia, appointment of members, member of the Committee of the Regions








L_2021233EN.01000801.xml










1.7.2021   


EN


Official Journal of the European Union


L 233/8








            COUNCIL DECISION (EU) 2021/1076
of 22 June 2021
         
appointing two alternate members, proposed by the Czech Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),


Having regard to the proposals of the Czech Government,

Whereas:







(1)


Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.












(2)


On 10 December 2019, the Council adopted Decision (EU) 2019/2157 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.












(3)


Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the national mandate on the basis of which Mr Martin KLIKA and Mr Jaromír NOVÁK were proposed for appointment.












(4)


The Czech Government has proposed the following representatives of regional bodies who hold a regional authority electoral mandate as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025: Mr Pavel KARPÍŠEK, Zastupitel Plzeňského kraje (Representative of the Pilsen Region), and Mr Jiří ŘEHÁK, Zastupitel Ústeckého kraje (Representative of the Ústecký Region),





HAS ADOPTED THIS DECISION:



Article 1
The following representatives of regional bodies who hold an electoral mandate are hereby appointed as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025:






—


Mr Pavel KARPÍŠEK, Zastupitel Plzeňského kraje (Representative of the Pilsen Region),










—


Mr Jiří ŘEHÁK, Zastupitel Ústeckého kraje (Representative of the Ústecký Region).






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




Done at Luxembourg, 22 June 2021.


For the Council


The President

A. P. ZACARIAS
            





(1)  
            OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2019/2157 of 10 December 2019 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 327, 17.12.2019, p. 78).
Case C-385/21: Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 22 June 2021 — Zenith Media Communications SRL v Consiliul Concurenței
Date: 2021-06-22
Institutions: Court of Justice
Subjects: EU competition policy, balance sheet, fine, principle of proportionality, turnover








C_2021391EN.01000801.xml










27.9.2021   


EN


Official Journal of the European Union


C 391/8






Request for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 22 June 2021 — Zenith Media Communications SRL v Consiliul Concurenței
(Case C-385/21)
(2021/C 391/12)
Language of the case: Romanian

Referring court

Înalta Curte de Casație și Justiție

Parties to the main proceedings


Applicant and appellant: Zenith Media Communications SRL

Defendant and respondent: Consiliul Concurenței

Questions referred

Are Article 4(3) TEU and Article 101 TFEU to be interpreted as:






1.


imposing an obligation upon a Member State’s competition authority to interpret national law governing the fixing of fines in accordance with the principle of proportionality, in the sense that it is necessary to verify whether total turnover, as stated in the profit and loss account of the balance sheet for the previous financial year, faithfully reflects the economic and financial operations in accordance with the economic reality;










2.


precluding, in the light of the principle of proportionality, the practice of a Member State’s competition authority of imposing a fine in relation to the turnover stated in the profit and loss account of the balance sheet for the previous financial year, which includes the sums re-invoiced to final customers in connection with services for the purchase of media space by an intermediary, rather than just the commissions on the work of the intermediary;










3.


precluding the interpretation of a rule of national law as meaning that responsibility for the correct recording in the accounts and the faithful presentation of the economic and financial operations in accordance with the economic reality lies with the undertaking that is fined and that a Member State’s competition authority is bound by the manner in which the undertaking that is fined fulfils that obligation?
Notice for the attention of the entity subject to the restrictive measures provided for in Council Decision 2012/642/CFSP, as amended by Council Decision (CFSP) 2021/1001 and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) 2021/999 concerning restrictive measures in view of the situation in Belarus 2021/C 244/09
Date: 2021-06-22
Institutions: Council of the European Union
Subjects: Belarus, EU restrictive measure, economic sanctions, international sanctions, legal person








C_2021244EN.01002001.xml










22.6.2021   


EN


Official Journal of the European Union


C 244/20






Notice for the attention of the entity subject to the restrictive measures provided for in Council Decision 2012/642/CFSP, as amended by Council Decision (CFSP) 2021/1001 and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) 2021/999 concerning restrictive measures in view of the situation in Belarus
(2021/C 244/09)
The following information is brought to the attention of the entity that appears in the Annex to Council Decision 2012/642/CFSP (1), as amended by Council Decision (CFSP) 2021/1001 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3) as implemented by Council Implementing Regulation (EU) 2021/999 (4), concerning restrictive measures in view of the situation in Belarus.
The Council of the European Union has decided that the entity concerned should be included on the list or persons subject to restrictive measures provided for in Decision 2012/642/CFSP and Regulation (EC) No 765/2006. The grounds for designations of that entity appear in the relevant entries in those Annexes.
The attention of the entity concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The entity concerned may submit a request to the Council before 30 November 2021, together with supporting documentation that the decision to include it on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council’s periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.


(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 219 I, 21.6.2021, p. 67.

(3)  OJ L 134, 20.5.2006, p. 1.

(4)  OJ L 219 I, 21.6.2021, p. 55.
Prior notification of a concentration (Case M.10158 — IHS Markit/CME Group/JV) (Text with EEA relevance) 2021/C 244/11
Date: 2021-06-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, merger control, risk management, stock exchange








C_2021244EN.01002201.xml










22.6.2021   


EN


Official Journal of the European Union


C 244/22






Prior notification of a concentration
(Case M.10158 — IHS Markit/CME Group/JV)
(Text with EEA relevance)
(2021/C 244/11)

1.   
On 15 June 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:






—


IHS Markit Ltd, (‘IHSM’, United Kingdom)










—


CME Group (‘CME’, United States of America)










—


Parthenon Ltd (‘Parthenon’, Bermuda)




IHSM and CME acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Parthenon, a newly created joint venture company.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for IHSM: international provider of information, analytics, expertise, and solutions to major industries, financial markets, and governments globally. IHSM provides pricing and reference data, financial indices, security identifiers, valuation and trading services, and data feeds/data management solutions,










—


for CME: US based global risk management firm. CME owns and operates several exchanges (Chicago Mercantile Exchange, Chicago Board of Trade (CBOT), New York Mercantile Exchange (NYMEX) and the Commodity Exchange (COMEX)) and provides other trading and clearing services across a range of asset classes, including commodities, equity indices, FX, IRDs and cryptocurrencies,










—


for Parthenon: trade processing and trade/portfolio optimization services in a number of asset classes, namely IHSM’s OTC derivatives and FX trade processing business (known as MarkitSERV) and CME’s OTC derivatives optimization businesses (Traiana, TriOptima and Reset).






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.10158 — IHS Markit/CME Group/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’).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 21 June 2021 2021/C 244/10
Date: 2021-06-22
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021244EN.01002101.xml










22.6.2021   


EN


Official Journal of the European Union


C 244/21






Euro exchange rates (1)

21 June 2021
(2021/C 244/10)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1891 




JPY


Japanese yen


130,91 




DKK


Danish krone


7,4364 




GBP


Pound sterling


0,85670 




SEK


Swedish krona


10,2163 




CHF


Swiss franc


1,0954 




ISK


Iceland króna


147,04 




NOK


Norwegian krone


10,2673 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,569 




HUF


Hungarian forint


354,11 




PLN


Polish zloty


4,5329 




RON


Romanian leu


4,9237 




TRY


Turkish lira


10,4483 




AUD


Australian dollar


1,5821 




CAD


Canadian dollar


1,4758 




HKD


Hong Kong dollar


9,2326 




NZD


New Zealand dollar


1,7057 




SGD


Singapore dollar


1,5989 




KRW


South Korean won


1 349,19 




ZAR


South African rand


16,9453 




CNY


Chinese yuan renminbi


7,6916 




HRK


Croatian kuna


7,4995 




IDR


Indonesian rupiah


17 175,29 




MYR


Malaysian ringgit


4,9318 




PHP


Philippine peso


57,973 




RUB


Russian rouble


87,1265 




THB


Thai baht


37,593 




BRL


Brazilian real


6,0192 




MXN


Mexican peso


24,4932 




INR


Indian rupee


88,1860 






(1)  Source: reference exchange rate published by the ECB.