do-me/EUR-LEX huggingface dataset:
Council Implementing Regulation (EU) 2022/2180 of 8 November 2022 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2022-11-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person








L_2022288EN.01000501.xml










9.11.2022   


EN


Official Journal of the European Union


L 288/5








            COUNCIL IMPLEMENTING REGULATION (EU) 2022/2180
of 8 November 2022
         
implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People’s Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(5) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.












(2)


On 14 September 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to two entities subject to restrictive measures.












(3)


Regulation (EU) 2017/1509 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex XIII to Regulation (EU) 2017/1509 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 November 2022.


For the Council


The President

Z. STANJURA
            





(1)  
            OJ L 224, 31.8.2017, p. 1.




ANNEX
In Annex XIII to Regulation (EU) 2017/1509 under the heading ‘(b) Legal persons, entities and bodies’, entries 36 and 74 are replaced by the following:











 


Name


Alias


Location


Date of UN designation


Other information




‘36.


Singwang Economics and Trading General Corporation


 


Address: DPRK


30.11.2016


Is a DPRK firm for trading in coal. DPRK generates a significant share of the money for its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad.




74.


Weihai World-Shipping Freight


 


Address: 419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China;
IMO number: 5905801


30.3.2018


Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK, on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive.’
Case C-688/22 P: Appeal brought on 8 November 2022 by Methanol Holdings (Trinidad) Ltd against the judgment of the General Court (Eighth Chamber, Extended Composition) delivered on 14 September 2022 in Case T-744/19, Methanol Holdings (Trinidad) v Commission
Date: 2022-11-08
Institutions: Court of Justice
Subjects: Russia, Trinidad and Tobago, United States, anti-dumping duty, chemical fertiliser, export price, import (EU), organic fertiliser, originating product








C_2023007EN.01001901.xml










9.1.2023   


EN


Official Journal of the European Union


C 7/19






Appeal brought on 8 November 2022 by Methanol Holdings (Trinidad) Ltd against the judgment of the General Court (Eighth Chamber, Extended Composition) delivered on 14 September 2022 in Case T-744/19, Methanol Holdings (Trinidad) v Commission
(Case C-688/22 P)
(2023/C 7/23)
Language of the case: English

Parties


Appellant: Methanol Holdings (Trinidad) Ltd (represented by: B. Servais, and V. Crochet, avocats)

Other parties to the proceedings: European Commission, Achema AB, Grupa Azoty S.A., Grupa Azoty Zakłady Azotowe Puławy S.A.

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment under appeal;










—


accept the application at first instance; and










—


order the Commission and any intervening party to pay the costs including those incurred at first instance;
or alternatively










—


refer the case back to the General Court for reconsideration; and










—


reserve the costs of the proceedings at first instance and on appeal.





Pleas in law and main arguments

In support of the appeal, the appellant relies on two grounds of appeal.
First, the General Court misinterpreted the rules of Articles 3(2), 3(3) and 9(4) of the Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (the ‘Basic Regulation’) when defining the export price for the purpose of the undercutting and underselling margins calculation in case of exports to the European Union through related entities and, as a result, erroneously concluded that the Commission did not violate Articles 3(1), 3(2), 3(3), 3(5) to 3(8) and 9(4) of the Basic Regulation.
Second, the General Court misconstrued the arguments put forth by Methanol Holdings (Trinidad) Limited in the Reply regarding the Commission’s price depression and price suppression analysis and, as a result, mistakenly declared them inadmissible.


(1)  OJ 2016 L 176, p. 21.
Non-opposition to a notified concentration (Case M.10854 – GIC INVESTOR / KIA / OMERS / DCLI) (Text with EEA relevance) 2022/C 444/02
Date: 2022-11-08
Institutions: Directorate-General for Competition, European Commission
Subjects: Canada, Kuwait, United States, economic concentration, harbour installation, investment, investment company, merger control, pension scheme, rail transport








C_2022444EN.01000201.xml










23.11.2022   


EN


Official Journal of the European Union


C 444/2






Non-opposition to a notified concentration
(Case M.10854 – GIC INVESTOR / KIA / OMERS / DCLI)
(Text with EEA relevance)
(2022/C 444/02)
On 8 November 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 32022M10854. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Initiation of proceedings (Case M.10646 – MICROSOFT / ACTIVISION BLIZZARD) (Text with EEA relevance) 2022/C 431/03
Date: 2022-11-08
Institutions: Directorate-General for Competition, European Commission
Subjects: computer equipment, economic concentration, electronic game, merger control, software








C_2022431EN.01000301.xml










14.11.2022   


EN


Official Journal of the European Union


C 431/3






Initiation of proceedings
(Case M.10646 – MICROSOFT / ACTIVISION BLIZZARD)
(Text with EEA relevance)
(2022/C 431/03)
On 8 November 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).
The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.
In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference No. M.10646 – MICROSOFT / ACTIVISION BLIZZARD, to the following 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’).
Council Implementing Decision (CFSP) 2022/2188 of 8 November 2022 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea
Date: 2022-11-08
Institutions: Council of the European Union
Subjects: EU restrictive measure, North Korea, economic sanctions, international sanctions, legal person








L_2022288EN.01008601.xml










9.11.2022   


EN


Official Journal of the European Union


L 288/86








            COUNCIL IMPLEMENTING DECISION (CFSP) 2022/2188
of 8 November 2022
         
implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People’s Republic of Korea


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.












(2)


On 14 September 2022, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) updated the information relating to two entities subject to restrictive measures.












(3)


Decision (CFSP) 2016/849 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex I to Decision (CFSP) 2016/849 is amended in accordance with the Annex to this Decision.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 8 November 2022.


For the Council


The President

Z. STANJURA
            





(1)  
            OJ L 141, 28.5.2016, p. 79.




ANNEX
In Annex I to Decision (CFSP) 2016/849, under the heading ‘B. Entities’, entries 36 and 74 are replaced by the following:











 


Name


Alias


Location


Date of UN designation


Other information




‘36.


Singwang Economics and Trading General Corporation


 


Address: DPRK


30.11.2016


Is a DPRK firm for trading in coal. DPRK generates a significant share of the money for its nuclear and ballistic missile programmes by mining natural resources and selling those resources abroad.




74.


Weihai World-Shipping Freight


 


Address: 419-201, Tongyi Lu, Huancui Qu, Weihai, Shandong 264200, China;
IMO number: 5905801


30.3.2018


Ship and commercial manager of the XIN GUANG HAI, a vessel that on loaded coal at Taean, DPRK, on 27 October 2017 and had an ETA of 14 November 2017 to Cam Pha, Vietnam, but it did not arrive.’.
Case C-686/22: Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — M.S. and S.S. v Stadt Krefeld
Date: 2022-11-08
Institutions: Court of Justice
Subjects: EU Member State, EU national, European citizenship, discrimination on the basis of nationality, dual nationality, foreign national, free movement of persons, third country








C_2023024EN.01003101.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/31






Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — M.S. and S.S. v Stadt Krefeld
(Case C-686/22)
(2023/C 24/41)
Language of the case: German

Referring court

Verwaltungsgericht Düsseldorf

Parties to the main proceedings


Applicants: M.S., S.S.

Defendant: Stadt Krefeld

Questions referred







1.


Does Article 20 TFEU preclude a provision under which, in the case of voluntary acquisition of (non-privileged) nationality of a third country, nationality of the Member State and thus citizenship of the Union are lost ex lege where an individual examination of the consequences of the loss is conducted only if the foreign national concerned previously made an application for a retention permit and that application was approved prior to acquisition of the foreign nationality?










2.


If the first question is to be answered in the negative: Is Article 20 TFEU to be interpreted as meaning that, in the procedure for the grant of the retention permit, no conditions may be laid down as a result of which an individual assessment of the situation of the person concerned and that of his or her family with regard to the consequences of the loss of citizenship of the Union does not take place or is superseded by other requirements?
Case C-684/22: Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — S.Ö. v Stadt Duisburg
Date: 2022-11-08
Institutions: Court of Justice
Subjects: EU Member State, EU national, European citizenship, discrimination on the basis of nationality, dual nationality, foreign national, free movement of persons, third country








C_2023024EN.01003001.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/30






Request for a preliminary ruling from the Verwaltungsgericht Düsseldorf (Germany) lodged on 8 November 2022 — S.Ö. v Stadt Duisburg
(Case C-684/22)
(2023/C 24/39)
Language of the case: German

Referring court

Verwaltungsgericht Düsseldorf

Parties to the main proceedings


Applicant: S.Ö.

Defendant: Stadt Duisburg

Questions referred







1.


Does Article 20 TFEU preclude a provision under which, in the case of voluntary acquisition of (non-privileged) nationality of a third country, nationality of the Member State and thus citizenship of the Union are lost ex lege where an individual examination of the consequences of the loss is conducted only if the foreign national concerned previously made an application for a retention permit and that application was approved prior to acquisition of the foreign nationality?










2.


If the first question is to be answered in the negative: Is Article 20 TFEU to be interpreted as meaning that, in the procedure for the grant of the retention permit, no conditions may be laid down as a result of which an individual assessment of the situation of the person concerned and that of his or her family with regard to the consequences of the loss of citizenship of the Union does not take place or is superseded by other requirements?
Case T-672/21: Order of the General Court of 8 November 2022 — Grupa ‘Lew’ v EUIPO — Lechwerke (GRUPALEW.) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark GRUPALEW. — Earlier national figurative mark LEW — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Proof of genuine use — Article 10(1) of Delegated Regulation (EU) 2018/625 — Article 71(1) of Delegated Regulation 2018/625 — Action manifestly lacking any foundation in law)
Date: 2022-11-08
Institutions: General Court
Subjects: EU trade mark, decorative item, financial management, financial services, insurance, registered trade mark, sports equipment, toy industry, trade-mark law








C_2023024EN.01003901.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/39






Order of the General Court of 8 November 2022 — Grupa ‘Lew’ v EUIPO — Lechwerke (GRUPALEW.)
(Case T-672/21) (1)

(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark GRUPALEW. - Earlier national figurative mark LEW - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Proof of genuine use - Article 10(1) of Delegated Regulation (EU) 2018/625 - Article 71(1) of Delegated Regulation 2018/625 - Action manifestly lacking any foundation in law)
(2023/C 24/53)
Language of the case: German

Parties


Applicant: Grupa ‘LEW’ S.A. (Częstochowa, Poland) (represented by: A. Korbela, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and E. Markakis, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lechwerke AG (Augsburg, Germany) (represented by: N. Gerling, lawyer)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 August 2021 (Case R 2763/2019-4).

Operative part of the order







1.


The action is dismissed.










2.


Grupa ‘LEW’ S.A. shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).










3.


Lechwerke AG shall bear its own costs.






(1)  OJ C 502, 13.12.2021.
Prior notification of a concentration (Case M.10942 - PHO P/STORA ENSO MAXAU) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 425/04
Date: 2022-11-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, foodstuff, merger control, pulp and paper industry, recycled product, retail trade, waste, waste management








C_2022425EN.01000601.xml










8.11.2022   


EN


Official Journal of the European Union


C 425/6






Prior notification of a concentration
(Case M.10942 - PHO P/STORA ENSO MAXAU)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 425/04)

1.   
On 27 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:






—


PHO P GmbH & Co. KG, a subsidiary of the Schwarz Group (‘PHO P’, Germany),










—


Stora Enso Maxau GmbH (‘Maxau’, Germany).




PHO P will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Maxau.
The concentration is accomplished by way of purchase of shares.


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






—


PHO P is part of the Schwarz Group, active in food retailing, food products, and in the collection, sorting, processing, recycling and commercialization of waste,










—


Maxau operates a paper manufacturing mill that produces supercalendered paper from recovered paper.






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.10942 – PHO P/STORA ENSO MAXAU
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 T-87/22: Order of the General Court of 8 November 2022 — Hahn Rechtsanwälte v Commission
Date: 2022-11-08
Institutions: General Court
Subjects: access to EU information, cartel, control of restrictive practices, diesel engine, motor car, motor vehicle industry, motor vehicle pollution, provision of documents, trade information, vehicle parts








C_2023015EN.01004801.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/48






Order of the General Court of 8 November 2022 — Hahn Rechtsanwälte v Commission
(Case T-87/22) (1)

(2023/C 15/62)
Language of the case: German
The President of the Ninth Chamber has ordered that the case be removed from the register.


(1)  OJ C 165, 19.4.2022.
Case T-719/22: Action brought on 8 November 2022 — Puma v EUIPO — Herno (HERZO)
Date: 2022-11-08
Institutions: General Court
Subjects: EU trade mark, clothing, footwear industry, packaging product, personal effects, registered trade mark, sports equipment, trade-mark law








C_2023015EN.01004701.xml










16.1.2023   


EN


Official Journal of the European Union


C 15/47






Action brought on 8 November 2022 — Puma v EUIPO — Herno (HERZO)
(Case T-719/22)
(2023/C 15/61)
Language in which the application was lodged: English

Parties


Applicant: Puma SE (Herzogenaurach, Germany) (represented by: M. Schunke and P. Trieb, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Herno SpA (Lesa, Italy)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark HERZO — Application for registration No 18 194 554

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 19 July 2022 in Case R 297/2022-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs, including those incurred before the Board of Appeal.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.