do-me/EUR-LEX huggingface dataset:
Case C-147/22: Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 1 March 2022 — Criminal proceedings against Accused Person 5
Date: 2022-03-01
Institutions: Court of Justice
Subjects: Schengen Agreement, criminal proceedings, judicial cooperation in criminal matters in the EU, judicial investigation, right to justice, rights of the defence








C_2022213EN.01002701.xml










30.5.2022   


EN


Official Journal of the European Union


C 213/27






Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 1 March 2022 — Criminal proceedings against Accused Person 5
(Case C-147/22)
(2022/C 213/37)
Language of the case: Hungarian

Referring court

Fővárosi Törvényszék

Parties to the main proceedings

Accused Person 5

Questions referred







1.


Does the ne bis in idem principle, laid down in Article 50 of the Charter of Fundamental Rights of the European Union [(‘the Charter’)] and in Article 54 of the Convention Implementing the Schengen Agreement [(‘CISA’)], preclude the pursuit of criminal proceedings instituted in one Member State against the same person and for the same acts as formed the subject of criminal proceedings instituted in another Member State which have already been finally terminated by a decision of the public prosecutor ordering the discontinuance of the pre-trial investigation?










2.


Is the fact that, even though the decision of the public prosecutor ordering the discontinuance of the criminal proceedings (pre-trial investigation) in one Member State leaves open the possibility for the pre-trial investigation to be re-opened up until such time as prosecution of the criminal offence becomes time-barred, the public prosecutor’s office did not consider there to be grounds for reopening the aforementioned pre-trial investigation of its own motion, compatible with the ne bis in idem principle laid down in Article 50 of the [Charter] and in Article 54 of the [CISA], and does that fact permanently preclude the institution of new criminal proceedings in [another] Member State against the same person and for the same acts?










3.


Is a pre-trial investigation discontinued in respect of an accused person who was not questioned in his capacity as a person under judicial investigation in connection with a criminal offence relating to the co-accused persons, but in respect of whom measures of investigation were carried out in his capacity as an accused person, and in relation to whom the discontinuance of the pre-trial investigation was based on investigative information provided following a request for legal cooperation, as well as on the provision of bank account information and on the questioning of the co-accused persons in their capacity as persons under judicial investigation, compatible with the ne bis in idem principle laid down in Article 50 of the [Charter] and in Article 54 of the [CISA], and can such a pre-trial investigation be regarded as being sufficiently thorough and exhaustive?
Commission Decision (EU) 2022/948 of 1 March 2022 endorsing the resolution scheme for Sberbank d.d. (notified under document C(2022) 1403) (Only the English text is authentic)
Date: 2022-03-01
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: Croatia, EU banking union, aid to undertakings, bank, bank resolution, company in difficulties, crisis management, establishment








L_2022164EN.01006501.xml










20.6.2022   


EN


Official Journal of the European Union


L 164/65








            COMMISSION DECISION (EU) 2022/948
of 1 March 2022
         
endorsing the resolution scheme for Sberbank d.d.


(notified under document C(2022) 1403)


(Only the English text is authentic)


THE EUROPEAN COMMISSION,

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


Having regard to the Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), and in particular the second subparagraph of Article 18(7) thereof,

Whereas:







(1)


On 1 March 2022 at 17.26 the Single Resolution Board (SRB) transmitted a resolution scheme for Sberbank d.d., established in Croatia, to the Commission in accordance with Article 18(7) of Regulation (EU) No 806/2014.












(2)


The SRB, in the resolution scheme, states that all conditions for resolution set out in the first subparagraph of Article 18(1) of Regulation (EU) No 806/2014 are met with respect to Sberbank d.d., and assesses why resolution action is necessary in the public interest.












(3)


The resolution scheme, in accordance with Article 18(6) of Regulation (EU) No 806/2014, places Sberbank d.d. under resolution and determines the application of the sale of business tool to the institution under resolution. The resolution scheme also provides reasons for why all those elements are adequate.












(4)


The Commission agrees with the resolution scheme. In particular, it agrees with the reasons provided by the SRB of why resolution is necessary in the public interest in accordance with Article 18(5) of Regulation (EU) No 806/2014.












(5)


The resolution scheme as submitted by the SRB should therefore be endorsed,





HAS ADOPTED THIS DECISION:



Article 1
The resolution scheme for Sberbank d.d. is endorsed.


Article 2
This Decision is addressed to the Single Resolution Board.




Done at Brussels, 1 March 2022.


For the Commission

Mairead MCGUINNESS
            

Member of the Commission






(1)  Published in the Official Journal – 30 July 2014 – L 225: pp. 1 to 90: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0806&from=EN
Case C-275/20: Judgment of the Court (Grand Chamber) of 1 March 2022 — European Commission v Council of the European Union (Action for annulment — Decision (EU) 2020/470 — Extension of the period of entitlement for audiovisual co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part — Procedural legal basis — Article 218(7) TFEU — Applicable procedure and voting rule)
Date: 2022-03-01
Institutions: Court of Justice
Subjects: South Korea, audiovisual co-production, cultural cooperation, free-trade agreement, legal basis, protocol to an agreement, trade agreement (EU)








C_2022171EN.01000801.xml










25.4.2022   


EN


Official Journal of the European Union


C 171/8






Judgment of the Court (Grand Chamber) of 1 March 2022 — European Commission v Council of the European Union
(Case C-275/20) (1)

(Action for annulment - Decision (EU) 2020/470 - Extension of the period of entitlement for audiovisual co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part - Procedural legal basis - Article 218(7) TFEU - Applicable procedure and voting rule)
(2022/C 171/10)
Language of the case: English

Parties


Applicant: European Commission (represented by: J.F. Brakeland, M. Afonso and D. Schaffrin, acting as Agents)

Defendant: Council of the European Union (represented by: P. Plaza García and B. Driessen, acting as Agents)

Interveners in support of the defendant: French Republic (represented by: J.-L. Carré, T. Stehelin, E. de Moustier and A. Daniel, acting as Agents), Kingdom of the Netherlands (represented by: M.K. Bulterman, C.S. Schillemans and J. Langer, acting as Agents)

Operative part of the judgment

The Court:






1.


Annuls Council Decision (EU) 2020/470 of 25 March 2020 as regards the extension of the period of entitlement for audiovisual co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part;










2.


Orders that the effects of Decision 2020/470 be maintained in force until the grounds for annulment established have been remedied;










3.


Orders the Council of the European Union to pay the costs;










4.


Orders the French Republic and the Kingdom of the Netherlands to bear their own costs.






(1)  OJ C 279, 24.8.2020.
Information communicated by Member States regarding closure of fisheries 2022/C 100/06
Date: 2022-03-01
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU waters, France, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing








C_2022100EN.01003801.xml










1.3.2022   


EN


Official Journal of the European Union


C 100/38






Information communicated by Member States regarding closure of fisheries
(2022/C 100/06)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


17.12.2021




Duration


17.12.2021 - 31.12.2021




Member State


France




Stock or Group of stocks


SOL/7HJK.




Species


Common sole (Solea solea)




Zone


7h, 7j and 7k




Type(s) of fishing vessels


—




Reference number


26/TQ92






(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case M.10559 – A P MOELLER-MAERSK / SENATOR INTERNATIONAL) (Text with EEA relevance) 2022/C 100/09
Date: 2022-03-01
Institutions: Directorate-General for Competition, European Commission
Subjects: container, economic concentration, family business, harbour installation, international transport, logistics, maritime shipping, merger control, provision of services, supply chain, transport company








C_2022100EN.01004101.xml










1.3.2022   


EN


Official Journal of the European Union


C 100/41






Prior notification of a concentration
(Case M.10559 – A P MOELLER-MAERSK / SENATOR INTERNATIONAL)
(Text with EEA relevance)
(2022/C 100/09)

1.   
On 22 February 2022, 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:






—


A.P. Møller-Mærsk A/S Group (‘APMM’, Denmark),










—


Senator International group (‘Senator International’, Germany).




APMM will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Senator International.
The concentration is accomplished by way of purchase of shares and assets.


2.   
The business activities of the undertakings concerned are:






—


APMM: integrated transport and logistics company with worldwide activities. APMM’s core activities comprise container liner shipping through its subsidiaries Maersk A/S, SeaLand, and Hamburg Süd, container terminal services, inland transportation, inland services, supply chain management services, harbour towage and reefer container manufacturing,










—


Senator International: family-owned company primarily specialized in international freight, shipping and logistics, with its main focus on air and ocean freight forwarding, as well as logistics, packaging and customs 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.10559 – A P MOELLER-MAERSK / SENATOR INTERNATIONAL
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’).
Commission Decision (EU) 2022/947 of 1 March 2022 endorsing the resolution scheme for Sberbank banka d.d (notified under document C(2022) 1402) (Only the English text is authentic)
Date: 2022-03-01
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: EU banking union, Slovenia, aid to undertakings, bank, bank resolution, company in difficulties, crisis management, establishment








L_2022164EN.01006301.xml










20.6.2022   


EN


Official Journal of the European Union


L 164/63








            COMMISSION DECISION (EU) 2022/947
of 1 March 2022
         
endorsing the resolution scheme for Sberbank banka d.d


(notified under document C(2022) 1402)


(Only the English text is authentic)


THE EUROPEAN COMMISSION,

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


Having regard to the Regulation (EU) No 806/2014 of the European Parliament and of the Council of 15 July 2014 establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Resolution Fund and amending Regulation (EU) No 1093/2010 (1), and in particular the second subparagraph of Article 18(7) thereof,

Whereas:







(1)


On 1 March 2022 at 17:26, the Single Resolution Board (SRB) transmitted a resolution scheme for Sberbank banka d.d., established in Slovenia, to the Commission in accordance with Article 18(7) of Regulation (EU) No 806/2014.












(2)


The SRB, in the resolution scheme, states that all conditions for resolution set out in the first subparagraph of Article 18(1) of Regulation (EU) No 806/2014 are met with respect to Sberbank banka d.d, and assesses why resolution action is necessary in the public interest.












(3)


The resolution scheme, in accordance with Article 18(6) of Regulation (EU) No 806/2014, places Sberbank banka d.d. under resolution and determines the application of the sale of business tool to the institution under resolution. The resolution scheme also provides reasons for why all those elements are adequate.












(4)


The Commission agrees with the resolution scheme. In particular, it agrees with the reasons provided by the SRB of why resolution is necessary in the public interest in accordance with Article 18(5) of Regulation (EU) No 806/2014.












(5)


The resolution scheme as submitted by the SRB should therefore be endorsed,





HAS ADOPTED THIS DECISION:



Article 1
The resolution scheme for Sberbank banka d.d is endorsed.


Article 2
This Decision is addressed to the Single Resolution Board.




Done at Brussels, 1 March 2022.


For the Commission

Mairead MCGUINNESS
            

Member of the Commission






(1)  Published in the Official Journal – 30 July 2014 – L225:pp1 to 90: http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0806&from=EN
Call for proposals and related activities under the 2022 work plan of the Clean Hydrogen Joint Undertaking 2022/C 100/07
Date: 2022-03-01
Institutions: Directorate-General for Research and Innovation, European Commission
Subjects: European Joint Undertaking, action programme, hydrogen, invitation to tender








C_2022100EN.01003901.xml










1.3.2022   


EN


Official Journal of the European Union


C 100/39






Call for proposals and related activities under the 2022 work plan of the Clean Hydrogen Joint Undertaking
(2022/C 100/07)
Notice is hereby given of the launch of the call for proposals and related activities under the 2022 work plan of the Clean Hydrogen Joint Undertaking (CleanH2 JU).
This work plan, including deadlines and budgets for the activities, is available through the Participant Portal website (https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/home) along with information on the modalities of the call and related activities, and guidance for applicants on how to submit proposals. All this information will be updated as necessary on the same Participant Portal.