do-me/EUR-LEX huggingface dataset:
Case C-104/21, RegioJet: Order of the Court (Ninth Chamber) of 26 October 2022 (request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře — Czech Republic) — RegioJet a.s. v České dráhy a.s. (Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure of the Court of Justice — Article 267 TFEU — Concept of ‘court or tribunal’ — Criteria relating to the constitution and function of that body — Exercise of judicial or administrative functions — Directive 2012/34/EU — Articles 55 and 56 — Single national regulatory body for the railway sector — Independent regulatory authority for the sector — Entitlement to act on an ex officio basis — Power to impose penalties — Decisions that are open to challenge before the courts — Inadmissibility of the request for a preliminary ruling)
Date: 2022-10-26
Institutions: Court of Justice
Subjects: administrative sanction, carriage of passengers, courts and tribunals, national implementing measure, rail transport, supervisory body








C_2023104EN.01000901.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/9






Order of the Court (Ninth Chamber) of 26 October 2022 (request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře — Czech Republic) — RegioJet a.s. v České dráhy a.s.
(Case C-104/21, (1) RegioJet)
(Reference for a preliminary ruling - Article 53(2) of the Rules of Procedure of the Court of Justice - Article 267 TFEU - Concept of ‘court or tribunal’ - Criteria relating to the constitution and function of that body - Exercise of judicial or administrative functions - Directive 2012/34/EU - Articles 55 and 56 - Single national regulatory body for the railway sector - Independent regulatory authority for the sector - Entitlement to act on an ex officio basis - Power to impose penalties - Decisions that are open to challenge before the courts - Inadmissibility of the request for a preliminary ruling)
(2023/C 104/10)
Language of the case: Czech

Referring court

Úřad pro přístup k dopravní infrastruktuře

Parties to the main proceedings


Applicant: RegioJet a.s.

Defendant: České dráhy a.s.

Operative part of the order

The request for a preliminary ruling from the Úřad pro přístup k dopravní infrastruktuře (Transport infrastructure access authority, Czech Republic), made by decision of 19 February 2021, is manifestly inadmissible.


(1)  
            OJ C 148, 26.4.2021.
Commission information 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 Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2022/C 410/02
Date: 2022-10-26
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Latium, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022410EN.01000201.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/2






Commission information 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2022/C 410/02)






Member State


Italy




Route concerned


Alghero-Rome Fiumicino and vice versa




Period of validity of the contract


From 17 February 2023 to 26 October 2024




Deadline for submission of tenders


27 December 2022




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


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it
trasp.osp@regione.sardegna.it.
Commission information 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 Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2022/C 410/07
Date: 2022-10-26
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Lombardy, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022410EN.01000701.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/7






Commission information 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2022/C 410/07)






Member State


Italy




Route concerned


Olbia-Milano Linate and vice versa




Period of validity of the contract


From 17 February 2023 to 26 October 2024




Deadline for submission of tenders


27 December 2022




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


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it,
trasp.osp@regione.sardegna.it.
Non-opposition to a notified concentration (Case M.10922 – INTERPARKING SERVIZI / GKSD / JV) (Text with EEA relevance) 2022/C 423/03
Date: 2022-10-26
Institutions: Directorate-General for Competition, European Commission
Subjects: Italy, consultancy, economic concentration, merger control, parking area, real estate business








C_2022423EN.01000801.xml










7.11.2022   


EN


Official Journal of the European Union


C 423/8






Non-opposition to a notified concentration
(Case M.10922 – INTERPARKING SERVIZI / GKSD / JV)
(Text with EEA relevance)
(2022/C 423/03)
On 26 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 32022M10922. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission information 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 Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2022/C 410/03
Date: 2022-10-26
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Lombardy, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022410EN.01000301.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/3






Commission information 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2022/C 410/03)






Member State


Italy




Route concerned


Alghero-Milan Linate and vice versa




Period of validity of the contract


From 17 February 2023 to 26 October 2024




Deadline for submission of tenders


27 December 2022




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


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it, trasp.osp@regione.sardegna.it.
Prior notification of a concentration (Case M.10800 – AHLSELL / SANISTAL) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 410/09
Date: 2022-10-26
Institutions: Directorate-General for Competition, European Commission
Subjects: air conditioning, distributor, economic concentration, hand tool, heating, investment company, merger control, plumbing equipment, protective equipment








C_2022410EN.01001001.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/10






Prior notification of a concentration
(Case M.10800 – AHLSELL / SANISTAL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 410/09)

1.   
On 17 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:






—


Ahlsell Danmark ApS (Denmark, ‘Ahlsell’), controlled by CVC Capital Partners SICAV-FIS S.A. (Luxembourg, ‘CVC’),










—


Sanistål A/S (Denmark, ‘Sanistal’).




Ahlsell will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Sanistal.
The concentration is accomplished by way of purchase of shares as well as by way of public bid accounced on 24 May 2022.


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






—


CVC is a large global investment manager focussed on private equity, secondaries and credit.










—


Ahlsell is a CVC fund’s portfolio company and a retailer and distributor of mainly installation products and tools & supplies to professional customers in the Nordic region.










—


Sanistal provides a wide assortment of products with a primary focus on plumbing, heating, ventilation, air conditioning and tools & supplies, including personal protective equipment, for industry and construction in Denmark and the Baltics.






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.10800 – AHLSELL / SANISTAL
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.
Commission information 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 Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2022/C 410/05
Date: 2022-10-26
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Lombardy, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022410EN.01000501.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/5






Commission information 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2022/C 410/05)






Member State


Italy




Route concerned


Cagliari-Milan Linate and vice versa




Period of validity of the contract


From 17 February 2023 to 26 October 2024




Deadline for submission of tenders


27 December 2022




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


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it, trasp.osp@regione.sardegna.it.
Opinion of the European Economic and Social Committee on Proposal for a Regulation of the European Parliament and of the Council on repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70 (COM (2022) 381 final)
Date: 2022-10-26
Institutions: European Economic and Social Committee
Subjects: accounting, accounting system, codification of EU law, data collection, inland waterway transport, rail transport, road transport, transport infrastructure








C_2023075EN.01020401.xml










28.2.2023   


EN


Official Journal of the European Union


C 75/204






Opinion of the European Economic and Social Committee on Proposal for a Regulation of the European Parliament and of the Council on repealing Regulation (EEC) No 1108/70 of the Council introducing an accounting system for expenditure on infrastructure in respect of transport by rail, road and inland waterway, and Commission Regulation (EC) No 851/2006 specifying the items to be included under the various headings in the forms of accounts shown in Annex I to Council Regulation (EEC) No 1108/70
(COM (2022) 381 final)
(2023/C 75/32)






Referral


European Parliament, 12.9.2022
Council of the European Union, 12.8.2022




Legal basis


Article 91 and 304 of the Treaty on the Functioning of the European Union




Section responsible


Transport, Energy, Infrastructure and the Information Society




Adopted at plenary


26.10.2022




Plenary session No


573




Outcome of vote
(for/against/abstentions)


170/0/0




Since the Committee endorses unreservedly the content of the proposal and feels that it requires no comment on its part, it decided to issue an opinion endorsing the proposed text.

Brussels, 26 October 2022.


The President of the European Economic and Social Committee

Christa SCHWENG
Commission information 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 Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations (Text with EEA relevance) 2022/C 410/06
Date: 2022-10-26
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: Italy, Latium, Sardinia, air transport, inland transport, invitation to tender, services of general interest, transport regulations








C_2022410EN.01000601.xml










26.10.2022   


EN


Official Journal of the European Union


C 410/6






Commission information 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
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2022/C 410/06)






Member State


Italy




Route concerned


Olbia-Rome Fiumicino and vice versa




Period of validity of the contract


From 17 February 2023 to 26 October 2024




Deadline for submission of tenders


27 December 2022




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


For further information:





Autonomous Region of Sardinia




Department of Transport




Directorate-General for Transport




Unit for Maritime and Air Transport and Territorial Continuity




Via XXIX Novembre 1847, 41




09123 Cagliari




ITALY




Tel. +39 0706067331
Fax +39 0706067309
Internet: http://www.regione.sardegna.it
Email: trasporti@pec.regione.sardegna.it,
trasp.osp@regione.sardegna.it.
Case T-776/21: Judgment of the General Court of 26 October 2022 — Gameageventures v EUIPO — (GAME TOURNAMENTS) (EU trade mark — Application for EU figurative mark GAME TOURNAMENTS — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EU) 2017/1001 — Descriptive character — Article 7(1)(c) of Regulation 2017/1001 — No distinctive character acquired through use — Article 7(3) of Regulation 2017/1001 — Obligation to state reasons — Article 94(1) of Regulation 2017/1001 — Right to be heard — Equal treatment — Principle of sound administration)
Date: 2022-10-26
Institutions: General Court
Subjects: EU trade mark, advertising, automatic game, broadcasting, electronic game, registered trade mark, software, sporting event, trade-mark law, virtual community








C_2023007EN.01003101.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/31






Judgment of the General Court of 26 October 2022 — Gameageventures v EUIPO — (GAME TOURNAMENTS)
(Case T-776/21) (1)

(EU trade mark - Application for EU figurative mark GAME TOURNAMENTS - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EU) 2017/1001 - Descriptive character - Article 7(1)(c) of Regulation 2017/1001 - No distinctive character acquired through use - Article 7(3) of Regulation 2017/1001 - Obligation to state reasons - Article 94(1) of Regulation 2017/1001 - Right to be heard - Equal treatment - Principle of sound administration)
(2023/C 7/39)
Language of the case: English

Parties


Applicant: Gameageventures LLP (Folkestone, United Kingdom) (represented by: S. Santos Rodríguez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 5 October 2021 (Case R 211/2021-5).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gameageventures LLP to pay the costs.






(1)  OJ C 64, 7.2.2022.
Case T-475/20: Judgment of the General Court of 26 October 2022 — LE v Commission (Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Debit notes issued by the Commission for the recovery of grants awarded by contract — Enforceable decision — Article 299 TFEU)
Date: 2022-10-26
Institutions: General Court
Subjects: Framework Programme for Research and Development, debt, enforcement of ruling, financial aid, reimbursement of aid








C_2023007EN.01002201.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/22






Judgment of the General Court of 26 October 2022 — LE v Commission
(Case T-475/20) (1)

(Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Debit notes issued by the Commission for the recovery of grants awarded by contract - Enforceable decision - Article 299 TFEU)
(2023/C 7/27)
Language of the case: English

Parties


Applicant: LE (represented by: M. Straus, lawyer)

Defendant: European Commission (represented by: L. André, J. Estrada de Solà and S. Romoli, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Commission Decision C(2020) 3988 final of 9 June 2020 relating to the recovery of a principal amount of EUR 275 915,12 from it.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders LE to pay the costs, including those relating to the proceedings for interim measures.






(1)  OJ C 414, 30.11.2020.
Case T-298/20: Judgment of the General Court of 26 October 2022 — KD v EUIPO (Civil service — Members of the temporary staff — 2019 Appraisal exercise — Appraisal report — Pre-litigation procedure — Admissibility — Obligation to state reasons — Rights of the defence — Duty of care — Liability — Non-material damage)
Date: 2022-10-26
Institutions: General Court
Subjects: European official, indemnification, rights of the defence, staff assessment








C_2023007EN.01002101.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/21






Judgment of the General Court of 26 October 2022 — KD v EUIPO
(Case T-298/20) (1)

(Civil service - Members of the temporary staff - 2019 Appraisal exercise - Appraisal report - Pre-litigation procedure - Admissibility - Obligation to state reasons - Rights of the defence - Duty of care - Liability - Non-material damage)
(2023/C 7/26)
Language of the case: English

Parties


Applicant: KD (represented by S. Pappas, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by K. Tóth, acting as Agent, and by B. Wägenbaur, lawyer)

Re:

By her action based on Article 270 TFEU and brought on 22 May 2020, the applicant seeks, first, annulment of her appraisal report for the 2019 appraisal exercise and, secondly, compensation in respect of the non-material damage she claims to have suffered.

Operative part of the judgment

The Court:






1.


Annuls KD’s appraisal report in respect of the 2019 appraisal exercise;










2.


Dismisses the action as to the remainder;










3.


Orders the European Union Intellectual Property Office (EUIPO), in addition to bearing its own costs, to pay three quarters of the costs incurred by KD;










4.


Orders KD to pay a quarter of her own costs.






(1)  OJ C 262, 10.8.2020.