do-me/EUR-LEX huggingface dataset:
Corrigendum to the European Committee of the Regions Rules of procedure (Official Journal of the European Union L 472 of 30 December 2021)
Date: 2022-10-13
Institutions: European Committee of the Regions
Subjects: European Committee of the Regions, operation of the Institutions, rules of procedure








L_2022266EN.01002101.xml










13.10.2022   


EN


Official Journal of the European Union


L 266/21







Corrigendum to the European Committee of the Regions Rules of procedure

(
Official Journal of the European Union L 472 of 30 December 2021
)


On page 2, under Rule 6:
for:







‘4.


An alternate or a member acting as an alternate can stand in for one member only. They shall exercise the same powers as a member at the relevant meeting. The Secretariat-General must be notified in line with notification requirements of the delegation of vote, which must be received no later than the day before the meeting.
At a Plenary Session the expenses of only the member or the alternate shall be reimbursed. The detailed provisions shall be laid down by the Bureau in the implementing arrangements regarding travel and subsistence expenses.










5.


An alternate who has been appointed rapporteur may present the draft opinion for which he or she is responsible at the Plenary Session at which the draft opinion is on the agenda. The member may delegate his or her vote to this alternate while the draft opinion in question is being discussed. The Secretary-General must be notified in writing of the delegation of vote before the relevant meeting.










6.


Without prejudice to Rule 24(1), any delegation shall cease to have effect from the moment the member who is unable to attend ceases to be a member of the Committee of the Regions.’,





read:







‘4.


An alternate or a member acting as an alternate can stand in for one member only. They shall exercise the same powers as a member at the relevant meeting. The Secretariat-General must be notified in line with notification requirements of the delegation of vote, which must be received no later than the day before the meeting.










5.


At a Plenary Session the expenses of only the member or the alternate shall be reimbursed. The detailed provisions shall be laid down by the Bureau in the implementing arrangements regarding travel and subsistence expenses.










6.


An alternate who has been appointed rapporteur may present the draft opinion for which he or she is responsible at the Plenary Session at which the draft opinion is on the agenda. The member may delegate his or her vote to this alternate while the draft opinion in question is being discussed. The Secretary-General must be notified in writing of the delegation of vote before the relevant meeting.










7.


Without prejudice to Rule 24(1), any delegation shall cease to have effect from the moment the member who is unable to attend ceases to be a member of the Committee of the Regions.’
Case C-64/21: Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Rigall Arteria Management sp. z o.o. sp.k. v Bank Handlowy w Warszawie S.A. (Reference for a preliminary ruling — Directive 86/653/EEC — Article 7(1)(b) — Self-employed commercial agents — Transaction concluded with a third party whom the commercial agent has previously acquired as a customer — Remuneration — Whether the agent’s right to commission is mandatory or supplementary)
Date: 2022-10-13
Institutions: Court of Justice
Subjects: commission agent, customers, remuneration of work, sales representative, self-employed person








C_2022463EN.01000601.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/6






Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Sąd Najwyższy — Poland) — Rigall Arteria Management sp. z o.o. sp.k. v Bank Handlowy w Warszawie S.A.
(Case C-64/21) (1)

(Reference for a preliminary ruling - Directive 86/653/EEC - Article 7(1)(b) - Self-employed commercial agents - Transaction concluded with a third party whom the commercial agent has previously acquired as a customer - Remuneration - Whether the agent’s right to commission is mandatory or supplementary)
(2022/C 463/07)
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Applicant: Rigall Arteria Management sp. z o.o. sp.k.

Defendant: Bank Handlowy w Warszawie S.A.

Operative part of the judgment

Article 7(1)(b) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents
must be interpreted as meaning that
it is possible to derogate contractually from the right which that provision confers on an independent commercial agent to receive a commission in respect of a transaction entered into, during the term of the agency contract, with a third party whom that agent previously acquired as a customer for transactions of the same kind.


(1)  OJ C 182, 10.5.2021.
Council Decision (EU) 2022/1987 of 13 October 2022 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part
Date: 2022-10-13
Institutions: Council of the European Union
Subjects: Malaysia, cooperation agreement (EU), cooperation policy, framework agreement, signature of an agreement








L_2022273EN.01000101.xml










21.10.2022   


EN


Official Journal of the European Union


L 273/1








            COUNCIL DECISION (EU) 2022/1987
of 13 October 2022
         
on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 209, in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 25 November 2004, the Council authorised the Commission to open negotiations with Malaysia on a Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part (the ‘Agreement’).












(2)


The negotiations on the Agreement were successfully concluded by the initialling of the Agreement on 6 April 2016 in Putrajaya, Malaysia.












(3)


The negotiators have confirmed their common understanding that, in accordance with the Federal Constitution of Malaysia, by its signature the Government of Malaysia intends to bind Malaysia as a whole in relation to the Agreement.












(4)


The objective of the Agreement is to establish a strengthened partnership between the Union and Malaysia and to deepen and enhance cooperation on issues of mutual interest, including human rights, non-proliferation of weapons of mass destruction, counter-terrorism, the fight against corruption and organised crime, trade, migration, the environment, energy, climate change, transport, science and technology, employment and social affairs, education and agriculture.












(5)


The Agreement should therefore be signed on behalf of the Union, subject to its conclusion at a later date,





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Government of Malaysia, of the other part (the ‘Agreement’), is hereby authorised, subject to the conclusion of the Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 13 October 2022.


For the Council


The President

P. BLAŽEK
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Prior notification of a concentration (Case M.10895 – ATHORA / AXA CUSTOMER SOLUTIONS) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 393/07
Date: 2022-10-13
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, insurance, merger control








C_2022393EN.01001401.xml










13.10.2022   


EN


Official Journal of the European Union


C 393/14






Prior notification of a concentration
(Case M.10895 – ATHORA / AXA CUSTOMER SOLUTIONS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 393/07)

1.   
On 5 October 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:






—


Athora Holding Ltd. (‘Athora’, Bermuda), ultimately controlled by Apollo Global Management, Inc. (‘Apollo’, US),










—


Axa Customer Solutions Aktiengesellschaft (‘Axa Customer Solutions’, Germany), ultimately controlled by AXA S.A. (France).




Athora will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Axa Customer Solutions.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Athora is active in insurance and reinsurance, mainly in the Netherlands, Belgium, Italy and Germany. Athora is controlled by Apollo, a global alternative asset manager,










—


Axa Customer Solutions is active in life insurance, predominantly in Germany. It holds a closed book life insurance portfolio of deferred annuities and endowments, representing EUR 19 billion in assets under administration.






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 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.10895 – ATHORA / AXA CUSTOMER SOLUTIONS
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.
Council Decision (EU) 2022/1951 of 13 October 2022 appointing the Secretary-General of the Council of the European Union for the period from 1 November 2022 to 31 October 2027
Date: 2022-10-13
Institutions: Council of the European Union
Subjects: Council configuration, European official, Secretary General of an Institution, appointment of staff








L_2022269EN.01000901.xml










17.10.2022   


EN


Official Journal of the European Union


L 269/9








            COUNCIL DECISION (EU) 2022/1951
of 13 October 2022
         
appointing the Secretary-General of the Council of the European Union for the period from 1 November 2022 to 31 October 2027
         


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2), first subparagraph, thereof,

Whereas the Secretary-General of the Council of the European Union should be appointed for the period from 1 November 2022 to 31 October 2027,
HAS ADOPTED THIS DECISION:



Article 1
Ms Thérèse BLANCHET is hereby appointed Secretary-General of the Council of the European Union for the period from 1 November 2022 to 31 October 2027.


Article 2
This Decision shall be notified to Ms Thérèse BLANCHET by the President of the Council.
It shall take effect on the date of its notification.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Luxembourg, 13 October 2022.


For the Council


The President

P. BLAŽEK
Case C-51/22: Order of the President of the Court of 13 October 2022 (request for a preliminary ruling from the Pesti Központi Kerületi Bíróság — Hungary) — PannonHitel Pénzügyi Zrt. v WizzAir Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.)
Date: 2022-10-13
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, package travel, trade intermediary, traveller








C_2023024EN.01003203.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/32






Order of the President of the Court of 13 October 2022 (request for a preliminary ruling from the Pesti Központi Kerületi Bíróság — Hungary) — PannonHitel Pénzügyi Zrt. v WizzAir Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.)
(Case C-51/22) (1)

(2023/C 24/45)
Language of the case: Hungarian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 165, 19.4.2022.
Case C-638/22: Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 13 October 2022 — Rzecznik Praw Dziecka and Others
Date: 2022-10-13
Institutions: Court of Justice
Subjects: custody, enforcement of ruling, judicial cooperation in civil matters in the EU, parental responsibility, private international law, right to justice








C_2022482EN.01001001.xml










19.12.2022   


EN


Official Journal of the European Union


C 482/10






Request for a preliminary ruling from the Sąd Apelacyjny w Warszawie (Poland) lodged on 13 October 2022 — Rzecznik Praw Dziecka and Others
(Case C-638/22)
(2022/C 482/14)
Language of the case: Polish

Referring court

Sąd Apelacyjny w Warszawie

Parties to the main proceedings


Applicants: T. C., Rzecznik Praw Dziecka, Prokurator Generalny

Other parties to the proceedings: M.C., Prokurator Prokuratura Okręgowa we Wrocławiu

Question referred

Does Article 11(3) of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (1) and Article 22, Article 24, Article 27(6) and Article 28(1) and (2) of Council Regulation (EU) No 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast), (2) read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union, preclude the application of a provision of national law under which, in cases involving the removal of a person subject to parental responsibility or custody conducted under the Convention on the Civil Aspects of International Child Abduction adopted in The Hague on 25 October 1980, the enforcement of an order for the removal of a person subject to parental responsibility or custody is suspended by operation of law where the Prokurator Generalny (Public Prosecutor General), Rzecznik Praw Dziecka (Commissioner for Children’s Rights) or Rzecznik Praw Obywatelskich (Ombudsman) submits a request to that effect to the Sąd Apelacyjny w Warszawie (Court of Appeal, Warsaw) within a period not exceeding two weeks from the day on which the order becomes final?


(1)  OJ 2003 L 338, p. 1.

(2)  OJ 2019 L 178, p. 1.
Case C-437/21: Judgment of the Court (Tenth Chamber) of 13 October 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Liberty Lines SpA v Ministero delle Infrastrutture e dei Trasporti (Reference for a preliminary ruling — Transport — Regulation (EEC) No 3577/92 — Articles 1 and 4 — Regulation (EC) No 1370/2007 — Article 1 — Direct award of public service contracts — Public services for high-speed maritime passenger transport — Treatment like railway transport services provided by sea)
Date: 2022-10-13
Institutions: Court of Justice
Subjects: award of contract, carriage of passengers, freedom to provide services, maritime transport, services contract








C_2022463EN.01001202.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/12






Judgment of the Court (Tenth Chamber) of 13 October 2022 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Liberty Lines SpA v Ministero delle Infrastrutture e dei Trasporti
(Case C-437/21) (1)

(Reference for a preliminary ruling - Transport - Regulation (EEC) No 3577/92 - Articles 1 and 4 - Regulation (EC) No 1370/2007 - Article 1 - Direct award of public service contracts - Public services for high-speed maritime passenger transport - Treatment like railway transport services provided by sea)
(2022/C 463/15)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Liberty Lines SpA

Defendant: Ministero delle Infrastrutture e dei Trasporti

Intervening parties: Rete Ferroviaria Italiana SpA, Bluferries Srl

Operative part of the judgment

Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage), in particular Article 1(1) and Article 4(1) thereof,
must be interpreted as precluding national legislation whose purpose is to treat maritime transport services like rail transport services, where the effect of such treatment is to exclude the service in question from the application of the rules on public procurement applicable to it.


(1)  OJ C 391, 27.9.2021.
Non-opposition to a notified concentration (Case M.10619 – SNAM / ENI / JV) (Text with EEA relevance) 2022/C 476/02
Date: 2022-10-13
Institutions: Directorate-General for Competition, European Commission
Subjects: Algeria, Italy, Tunisia, economic concentration, energy transport, gas pipeline, holding company, merger control, natural gas, oil industry, provision of services








C_2022476EN.01001201.xml










15.12.2022   


EN


Official Journal of the European Union


C 476/12






Non-opposition to a notified concentration
(Case M.10619 – SNAM / ENI / JV)
(Text with EEA relevance)
(2022/C 476/02)
On 13 October 2022, 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 policy’ 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 32022M10619. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-593/21: Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Cour de cassation — Belgium) — NY v Herios SARL (Reference for a preliminary ruling — Directive 86/653/EEC — Article 17(2)(a) — Self-employed commercial agents — Termination of the agency contract by the principal — Compensation of the agent — Goodwill indemnity — Sub-agency — Right of the subagent to a proportion of the goodwill indemnity payable to the main agent corresponding to the customers brought by the subagent)
Date: 2022-10-13
Institutions: Court of Justice
Subjects: indemnification, sales representative, self-employed person, termination of a contract








C_2022463EN.01001301.xml










5.12.2022   


EN


Official Journal of the European Union


C 463/13






Judgment of the Court (Third Chamber) of 13 October 2022 (request for a preliminary ruling from the Cour de cassation — Belgium) — NY v Herios SARL
(Case C-593/21) (1)

(Reference for a preliminary ruling - Directive 86/653/EEC - Article 17(2)(a) - Self-employed commercial agents - Termination of the agency contract by the principal - Compensation of the agent - Goodwill indemnity - Sub-agency - Right of the subagent to a proportion of the goodwill indemnity payable to the main agent corresponding to the customers brought by the subagent)
(2022/C 463/16)
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: NY

Defendant: Herios SARL

Operative part of the judgment

Article 17(2)(a) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents,
must be interpreted as meaning that the goodwill indemnity which has been paid by the principal to the main agent in respect of the customer base brought by the subagent is capable of constituting, for the main agent, a substantial benefit. However, the payment of a goodwill indemnity to the subagent may be regarded as not being equitable, within the meaning of that provision, where the subagent continues his or her commercial agency business in relation to the same clients and for the same products but in the context of a direct relationship with the main principal, which replaced the main agent that had previously engaged him or her.


(1)  OJ C 502, 13.12.2021.