do-me/EUR-LEX huggingface dataset:
Case C-510/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 August 2021 — DB v Austrian Airlines AG
Date: 2021-08-19
Institutions: Court of Justice
Subjects: air transport, civil liability proceedings, damages, first aid, limitation of legal proceedings, transport accident, trauma








C_2021513EN.01001502.xml










20.12.2021   


EN


Official Journal of the European Union


C 513/15






Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 19 August 2021 — DB v Austrian Airlines AG
(Case C-510/21)
(2021/C 513/23)
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: DB

Defendant: Austrian Airlines AG

Questions referred







1.


Is first aid which is administered on board an aircraft following an accident within the meaning of Article 17(1) of the Convention for the Unification of Certain Rules for International Carriage by Air, signed by the European Community on 9 December 1999 and approved on its behalf by Council Decision 2001/539/EC of 5 April 2001 (1) and which leads to further bodily injury to the passenger which can be distinguished from the actual consequences of the accident to be regarded, together with the triggering event, as a single accident?










2.


If Question 1 is answered in the negative:
Does Article 29 of that convention preclude a claim for compensation for damage caused by the administration of first aid where that claim is brought within the limitation period under national law but outside the period for bringing actions which is laid down in Article 35 of the convention?






(1)  Council Decision 2001/539/EC of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ 2001 L 194, p. 38).
Explanatory Notes to the Combined Nomenclature of the European Union 2021/C 333 I/04
Date: 2021-08-19
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, sports equipment








CI2021333EN.01001301.xml










19.8.2021   


EN


Official Journal of the European Union


CI 333/13






Explanatory Notes to the Combined Nomenclature of the European Union
(2021/C 333 I/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 414:



9506


Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and paddling pools

Delete and replace the current explanatory note by the following:


‘This heading does not include resistance bands, fitness bands or similar products, for example simple loops, without handles or any other similar additional element that makes them identifiable as articles for general physical exercise. These products are usually packed individually or in packs of two or more for retail sale. They are available in different colours and sizes and may have imprints. According to their objective characteristics, these bands or other similar products are not identifiable as articles for general physical exercise. Consequently, they are to be classified according to their constituent material, for example in heading 4008 as “strips of non-cellular rubber” (see also note 1 and note 9 to Chapter 40), in heading 4016 as “other articles of vulcanised rubber other than hard rubber” or in heading 6307 as “other made-up textile articles”.
Examples of bands, fitness bands or similar products that are to be classified according to their constituent material:


















Rubber band (heading 4008 )


Rubber loop (heading 4016 )







Textile loop (heading 6307)’



(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 August 2021 2021/C 333/02
Date: 2021-08-19
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2021333EN.01000201.xml










19.8.2021   


EN


Official Journal of the European Union


C 333/2






Euro exchange rates (1)

18 August 2021
(2021/C 333/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1723 




JPY


Japanese yen


128,67 




DKK


Danish krone


7,4368 




GBP


Pound sterling


0,85183 




SEK


Swedish krona


10,2233 




CHF


Swiss franc


1,0726 




ISK


Iceland króna


148,40 




NOK


Norwegian krone


10,4220 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,447 




HUF


Hungarian forint


350,52 




PLN


Polish zloty


4,5634 




RON


Romanian leu


4,9254 




TRY


Turkish lira


9,9380 




AUD


Australian dollar


1,6170 




CAD


Canadian dollar


1,4793 




HKD


Hong Kong dollar


9,1299 




NZD


New Zealand dollar


1,6980 




SGD


Singapore dollar


1,5942 




KRW


South Korean won


1 371,95 




ZAR


South African rand


17,4356 




CNY


Chinese yuan renminbi


7,5976 




HRK


Croatian kuna


7,4953 




IDR


Indonesian rupiah


16 872,12 




MYR


Malaysian ringgit


4,9682 




PHP


Philippine peso


59,150 




RUB


Russian rouble


86,3484 




THB


Thai baht


39,020 




BRL


Brazilian real


6,1913 




MXN


Mexican peso


23,4178 




INR


Indian rupee


87,0470 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.10381 — One Rock Capital/The Eastman Tire Additives business of Eastman Chemical Company) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 333/05
Date: 2021-08-19
Institutions: Directorate-General for Competition, European Commission
Subjects: adjuvant, economic concentration, investment company, merger control, pneumatic tyre








C_2021333EN.01000701.xml










19.8.2021   


EN


Official Journal of the European Union


C 333/7






Prior notification of a concentration
(Case M.10381 — One Rock Capital/The Eastman Tire Additives business of Eastman Chemical Company)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 333/05)

1.   
On 10 August 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:






—


One Rock Capital Partners, LLC, (‘ORC’, USA),










—


Eastman Tire Additives business (‘ETA’, Switzerland).




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


2.   
The business activities of the undertakings concerned are:






—


for ORC: private equity investment in a variety of sectors and with focus on control-stake equity investments in North American middle-market companies;










—


for ETA: development, manufacture and sales of tire additives used in tire manufacturing.






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.10381 — One Rock Capital/The Eastman Tire Additives business of Eastman Chemical Company
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.
Explanatory Notes to the Combined Nomenclature of the European Union 2021/C 333 I/01
Date: 2021-08-19
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, decorative item, sheet








CI2021333EN.01000101.xml










19.8.2021   


EN


Official Journal of the European Union


CI 333/1






Explanatory Notes to the Combined Nomenclature of the European Union
(2021/C 333 I/01)
Pursuant to Article 9(1), point (a), of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 347:


The following text and photos are added:








‘8505 11 00 to 8505 19 90




Permanent magnets and articles intended to become permanent magnets after magnetisation

These subheadings include refrigerator magnets consisting of a magnet with a decorative article attached to it. The magnet gives the composite goods their essential character within the meaning of GIR 3 (b), because it is primarily designed to be easily attached and moved around on a metal surface and, as far as most of these magnets are concerned, also to attach paper or other small articles to a metal surface. The decoration function of the article is therefore secondary.
Examples of some of these decorative refrigerator magnets:









Measuring approximately 6 cm x 6 cm x 5 cm



Measuring approximately 7 cm x 9 cm x 2 cm



Measuring approximately 8 cm x 8 cm x 2cm



Measuring approximately 8 cm x 6,5 cm x 1 cm






Measuring approximately 5,5 cm x 8 cm x 1cm



Measuring approximately 2 cm x 1,5 cm x 0,5 cm
Although in the three following examples the magnet is small compared to the size of the decoration, the magnet is strong enough to fix this very lightweight decoration to a metal surface.









These subheadings do not include:
Refrigerator magnets that are attached to a utility article. The product is designed as a utility article (for example, a bottle-opener, a calendar, a timer, a clothes peg) that can be attached to a metal surface. The utility article has a function of its own (for example, opening a bottle, showing the date or time etc.). The utility article gives the composite goods their essential character within the meaning of GIR 3 (b), because the magnet has a solely supportive role (i.e. attaching a utility product to a metal surface).
Examples of some of these articles:

 ’







(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.
Prior notification of a concentration (Case M.10407 — AIP/Alvance Dunkerque Target Business) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 333/03
Date: 2021-08-19
Institutions: Directorate-General for Competition, European Commission
Subjects: France, Hauts-de-France, aluminium, economic concentration, industrial enterprise, investment company, merger control








C_2021333EN.01000301.xml










19.8.2021   


EN


Official Journal of the European Union


C 333/3






Prior notification of a concentration
(Case M.10407 — AIP/Alvance Dunkerque Target Business)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 333/03)

1.   
On 26 July 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:






—


American Industrial Partners Capital Fund VII, LP (US), an investment fund managed by American Industrial Partners (collectively referred to as ‘AIP’), and










—


Alvance Aluminium Dunkerque (‘Dunkerque Aluminium’, France), currently owned by Liberty France Industries 1 SA, in turn ultimately owned by Alvance Aluminium Group and Mr Gupta.
AIP intends to acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Alvance Dunkerque Target Business. The concentration is accomplished by way of purchase of shares.
The same concentration was already notified to the Commission on 16 July 2021, but the notification was subsequently withdrawn on 19 July 2021.






2.   
The business activities of the undertakings concerned are:






—


AIP is a private equity firm focused on buying and improving industrial businesses.










—


Dunkerque Aluminium is a primary aluminium producer, which operates an aluminium smelter in Loon-Plage near Dunkerque (France).






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.10407 — AIP/Alvance Dunkerque Target Business
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-513/21 P: Appeal brought on 19 August 2021 by DI against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 9 June 2021 in Case T-514/19, DI v BCE
Date: 2021-08-19
Institutions: Court of Justice
Subjects: European official, criminal proceedings, disciplinary proceedings, dismissal, health expenditure, indemnification, principle of legal certainty, right to justice, rights of the defence, staff regulations (EU)








C_2022037EN.01000603.xml










24.1.2022   


EN


Official Journal of the European Union


C 37/6






Appeal brought on 19 August 2021 by DI against the judgment of the General Court (Fourth Chamber, Extended Composition) delivered on 9 June 2021 in Case T-514/19, DI v BCE
(Case C-513/21 P)
(2022/C 37/10)
Language of the case: English

Parties


Appellant: DI (represented by: L. Levi, avocate)

Other party to the proceedings: European Central Bank

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—

by consequence grant the appellant’s requests:





—


the annulment of the decision of the Executive Board of the ECB dated 7 May 2019 imposing the disciplinary dismissal without notice;










—


the annulment of the decision of the Executive Board of the ECB dated 25 June 2019 refusing to reopen the disciplinary proceedings further to the closure of criminal proceedings;










—


in any case, the compensation of the moral prejudice suffered by the appellant evaluated ex aequo et bono at 20 000,00 Euros;










—


the reimbursement of all the costs.














—


order the ECB to pay all the costs of both the appeal and of the first instance.





Pleas in law and main arguments

The judgement under appeal erred in law in rejecting the first plea alleging lack of competence of the author of the contested measures.
The judgement under appeal erred in law in rejecting the second plea alleging infringement of Article 8.3.2 of the Staff Rules and of the principle of legal certainty.
The judgement under appeal erred in law in rejecting the seventh plea alleging infringement of the right to the presumption of innocence and Article 48 of the Charter of Fundamental Rights of the European Union.
The judgement under appeal erred in law in rejecting the fourth plea alleging infringement of Article 8.3.7 of the Staff Rules and infringement of the principle of impartiality as enshrined in Article 41 of the Charter.
The judgement under appeal erred in law in rejecting the sixth plea alleging manifest errors of assessment.
Explanatory Notes to the Combined Nomenclature of the European Union 2021/C 333 I/03
Date: 2021-08-19
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, toy industry








CI2021333EN.01001001.xml










19.8.2021   


EN


Official Journal of the European Union


CI 333/10






Explanatory Notes to the Combined Nomenclature of the European Union
(2021/C 333 I/03)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 412,


in the explanatory note to

9503 00 70

, the third paragraph is deleted and replaced by the following:

‘A single (“main”) article combined with:






a)


one or more accessories designed to be used with the “main” article, or










b)


minor/negligible article(s) (see also, mutatis mutandis, Guidelines on the classification in the Combined Nomenclature of goods put up in sets for retail sale, PART B (III) (3)),




does not constitute a ‘set’ and the combination is classified under the CN code corresponding to the “main” article.
“Accessories” for the purpose of this subheading are considered to be articles which are designed to be used with the “main article” but are not equivalent to that article in terms of size, design or complexity (for example, they do not contain movable or articulated parts or mechanical elements). There is generally a recognisable interaction between the two.
Examples of such accessories would be: clothing, shoes, hats, bags and toiletries for dolls (see also the HSEN to heading 9503, (C) Dolls), artificial food for the toys (for example, a plastic carrot or hay for a toy animal), brushes and saddles for toy animals, etc.
Examples of ‘sets’ falling under CN code 9503 00 70:


















An example of ‘set’ consisting of several “accessories” of a different type falling under CN code 9503 00 70:



Examples of “main” articles combined with accessories or a minor/negligible article which are not considered ‘sets’ under CN code 9503 00 70:




 ’


(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.

(3)  OJ C 105, 11.4.2013, p. 1.
Explanatory Notes to the Combined Nomenclature of the European Union 2021/C 333 I/02
Date: 2021-08-19
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, common customs tariff, furniture industry, metal furniture, plastics








CI2021333EN.01000601.xml










19.8.2021   


EN


Official Journal of the European Union


CI 333/6






Explanatory Notes to the Combined Nomenclature of the European Union
(2021/C 333 I/02)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 404:



Heading 9403 ‘Other furniture and parts thereof’



The following text is added:


‘See also Note 2 (a) to Chapter 94 and the HS Explanatory Note to heading 9403.
This heading includes various types of shelves (including single shelves presented with supports for fixing them to the wall) suitable for use in particular in the bathroom, shower or entrance hall. The way the shelf is attached to the wall (by screwing, by gluing, by suction cups…) is not a decisive factor for the classification. (See figures 1 and 2).
However, so-called “soap dishes” and “sponge baskets”/“shower baskets”, made of various materials (metal, plastic, glass, ceramics etc.), used mainly in the bathroom or kitchen for holding a bar of soap, sponge or other hygienic articles, are excluded from this heading. They are to be classified according to their constituent material (see figures 3 to 9) even when they resemble single shelves as noted in the HSEN to 9403.
A “sponge basket”/“shower basket” usually has a shape of a box/basket open from above and with openings for draining water both in its bottom and in side walls.
Dimensions of items on the figures are given in the following order: width (w) x depth (d) x height (h).


Examples of products of heading 9403:








Examples of products to be classified according to their constituent material:






















’



(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.