do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10853 – ISG / EEP / BSG) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 440/09
Date: 2022-11-21
Institutions: Directorate-General for Competition, European Commission
Subjects: chemical industry, economic concentration, electrical energy, energy production, merger control








C_2022440EN.01002401.xml










21.11.2022   


EN


Official Journal of the European Union


C 440/24






Prior notification of a concentration
(Case M.10853 – ISG / EEP / BSG)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 440/09)

1.   
On 10 November 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:






—


Infraserv GmbH & Co. Gendorf KG (‘ISG’, Germany), controlled by Clariant Produkte (Deutschland) GmbH, Celanese Services Germany GmbH and Westlake Vinnolit GmbH & Co. KG,










—


E.ON Energy Projects GmbH (‘EEP’, Germany),










—


Bio Steam Gendorf GmbH (‘BSG’, Germany).




ISG and EEP will acquire, within the meaning of Article 3(1)(b) and (4) of the Merger Regulation, joint control of BSG.
The concentration is accomplished by way of purchase of shares.


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






—


ISG: operation of a chemical park in southern Germany, including the provision of infrastructure and other site services,










—


EEP: planning, construction and operation of decentralised electricity and heat production facilities for industrial customers.






3.   

The business activities of BSG will be the following: planning, construction and operation of a biomass plant for the production of heat and electricity from renewable energy sources.



4.   

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.



5.   
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.10853 – ISG / EEP / BSG
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’).
Council Decision (EU) 2022/2350 of 21 November 2022 appointing a member, proposed by the Italian Republic, of the Committee of the Regions
Date: 2022-11-21
Institutions: Council of the European Union
Subjects: Italy, appointment of members, member of the Committee of the Regions








L_2022311EN.01014201.xml










2.12.2022   


EN


Official Journal of the European Union


L 311/142








            COUNCIL DECISION (EU) 2022/2350
of 21 November 2022
         
appointing a member, proposed by the Italian Republic, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to Council Decision (EU) 2019/852 of 21 May 2019 determining the composition of the Committee of the Regions (1),


Having regard to the proposal of the Italian Government,

Whereas:







(1)


Pursuant to Article 300(3) of the Treaty, the Committee of the Regions is to consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.












(2)


On 20 January 2020 the Council adopted Decision (EU) 2020/102 (2), appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025.












(3)


A member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Sebastiano MUSUMECI.












(4)


The Italian Government has proposed Mr Christian SOLINAS, representative of a regional body who holds a regional authority electoral mandate, Presidente della Regione Sardegna (President of the Autonomous Region of Sardinia), as a member of the Committee of the Regions until 23 February 2024,





HAS ADOPTED THIS DECISION:



Article 1
Mr Christian SOLINAS, representative of a regional body who holds an electoral mandate, Presidente della Regione Sardegna (President of the Autonomous Region of Sardinia), is hereby appointed as a member of the Committee of the Regions until 23 February 2024.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 21 November 2022.


For the Council


The President

Z. NEKULA
            





(1)  
            OJ L 139, 27.5.2019, p. 13.

(2)  Council Decision (EU) 2020/102 of 20 January 2020 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2020 to 25 January 2025 (OJ L 20, 24.1.2020, p. 2).
Council Decision of 21 November 2022 adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2022 2022/C 446/02
Date: 2022-11-21
Institutions: Council of the European Union
Subjects: Russia, Ukraine, amending budget, civil defence, commitment of expenditure, draft budget (EU), financial year, general budget (EU), own resources, war




C_2022446EN.01002301.xml










24.11.2022   


EN


Official Journal of the European Union


C 446/23






COUNCIL DECISION
of 21 November 2022
adopting the Council’s position on draft amending budget No 5 of the European Union for the financial year 2022
(2022/C 446/02)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (1), and in particular Article 44 thereof,
Whereas:






—


the Union’s budget for the financial year 2022 was definitively adopted on 24 November 2021 (2),










—


on 5 October 2022, the Commission submitted a proposal containing draft amending budget No 5 to the general budget for the financial year 2022,










—


the Council needs to proceed without delay with the adoption of its position on draft amending budget No 5 to the general budget for 2022, in view of urgently making available sufficient appropriations, among others, (a) to reinforce the emergency measures under the Food Chain strand of the Single Market Programme; (b) to frontload and reinforce the Union Civil Protection Mechanism to continue channelling in-kind assistance to Ukraine and leasing helicopters and other light planes to increase the Union’s preparedness for aerial firefighting; and (c) to reinforce administrative expenditure and pensions in heading 7 as a result of high inflation and rapidly rising energy prices. It is therefore justified to provide for an exception to the eight-week period referred to in Article 4 of Protocol No 1 on the role of national Parliaments in the European Union, annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.




HAS DECIDED AS FOLLOWS:

Sole Article
The Council’s position on draft amending budget No 5 of the European Union for the financial year 2022 is hereby adopted.
The full text is available for consultation or download on the Council’s website: https://www.consilium.europa.eu/


Done at Brussels, 21 November 2022.


For the Council


The President

Z. NEKULA




(1)  OJ L 193, 30.7.2018, p. 1.

(2)  OJ L 45, 24.2.2022, p. 1.
Case C-713/22: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 November 2022 — LivaNova plc v Ministero dell’Economia e delle Finanze and Others
Date: 2022-11-21
Institutions: Court of Justice
Subjects: Italy, civil code, demerger, environmental liability, liability, public limited company








C_2023045EN.01001001.xml










6.2.2023   


EN


Official Journal of the European Union


C 45/10






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 21 November 2022 — LivaNova plc v Ministero dell’Economia e delle Finanze and Others
(Case C-713/22)
(2023/C 45/17)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: LivaNova plc

Respondents: Ministero dell’Economia e delle Finanze, Ministero dell’Ambiente e della Tutela del Territorio e del Mare, Presidenza del Consiglio dei ministri

Question referred

Does Article 3 of the Sixth Council Directive [82/891/EEC], (1) which (under Article 22 thereof) is also applicable to a division by the formation of new companies — in so far as it provides that (a) ‘where a liability is not allocated by the draft terms of division and where the interpretation of these terms does not make a decision on its allocation possible, each of the recipient companies shall be jointly and severally liable for it’, and that (b) ‘Member States may provide that such joint and several liability be limited to the net assets allocated to each company’ — preclude an interpretation of the provision of national law in Article 2506-bis, third paragraph, of the Italian Civil Code according to which the joint and several liability of the recipient refers, in relation to ‘liabilities’ not allocated by the draft terms, not only to liabilities of a nature already determined, but also (i) to those identifiable in the harmful consequences, arising after the division, of conduct (by act or omission) occurring before the division itself or (ii) of subsequent conduct developing from it, which has an ongoing unlawful nature and causes environmental damage, the effects of which, at the time of the division, cannot yet be fully determined?


(1)  Sixth Council Directive 82/891/EEC of 17 December 1982 based on Article 54(3)(g) of the Treaty, concerning the division of public limited liability companies (OJ 1982 L 378, p. 47).
Case T-727/22: Action brought on 21 November 2022 — Odeon Cinemas Holdings v EUIPO — Academy of Motion Picture Arts and Sciences (OSCAR)
Date: 2022-11-21
Institutions: General Court
Subjects: EU trade mark, cultural event, cultural prize, film industry, registered trade mark, trade-mark law








C_2023024EN.01006301.xml










23.1.2023   


EN


Official Journal of the European Union


C 24/63






Action brought on 21 November 2022 — Odeon Cinemas Holdings v EUIPO — Academy of Motion Picture Arts and Sciences (OSCAR)
(Case T-727/22)
(2023/C 24/87)
Language in which the application was lodged: English

Parties


Applicant: Odeon Cinemas Holdings Ltd (London, United Kingdom) (represented by: L. Axel Karnøe Søndergaard, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Academy of Motion Picture Arts and Sciences (Beverly Hills, California, United States)

Details of the proceedings before EUIPO


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union word mark OSCAR — European Union trade mark No 2 931 038

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 6 September 2022 in Case R 1841/2021-5

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Notice for the attention of a person subject to the restrictive measures provided for in Council Decision 2014/119/CFSP and in Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine 2022/C 440/03
Date: 2022-11-21
Institutions: Council of the European Union
Subjects: EU restrictive measure, Ukraine, economic sanctions, international sanctions, natural person








C_2022440EN.01001301.xml










21.11.2022   


EN


Official Journal of the European Union


C 440/13






Notice for the attention of a person subject to the restrictive measures provided for in Council Decision 2014/119/CFSP and in Council Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
(2022/C 440/03)
The following information is brought to the attention of Mr. Viktor Ivanovych Ratushniak who appears in the Annex to Council Decision 2014/119/CFSP (1) and in Annex I to Council Regulation (EU) No 208/2014 (2) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine.
The Council has received information from the Ukrainian authorities that will be considered within the framework of the annual review of the restrictive measures. The above-mentioned person is hereby informed that he may submit a request to the Council to obtain the elements the Council holds in its file regarding his designation, before 28 November 2022, to the following address:





Council of the European Union




General Secretariat




RELEX.1




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
In this regard, the attention of the person concerned is drawn to the regular review by the Council of the list of designated persons in Decision 2014/119/CFSP and Regulation (EU) No 208/2014.


(1)  OJ L 66, 6.3.2014, p. 26.

(2)  OJ L 66, 6.3.2014, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 18 November 2022 2022/C 440/04
Date: 2022-11-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022440EN.01001401.xml










21.11.2022   


EN


Official Journal of the European Union


C 440/14






Euro exchange rates (1)

18 November 2022
(2022/C 440/04)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0366 




JPY


Japanese yen


145,12 




DKK


Danish krone


7,4385 




GBP


Pound sterling


0,87063 




SEK


Swedish krona


10,9805 




CHF


Swiss franc


0,9881 




ISK


Iceland króna


148,90 




NOK


Norwegian krone


10,4860 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,351 




HUF


Hungarian forint


407,41 




PLN


Polish zloty


4,7033 




RON


Romanian leu


4,9413 




TRY


Turkish lira


19,3009 




AUD


Australian dollar


1,5433 




CAD


Canadian dollar


1,3841 




HKD


Hong Kong dollar


8,1092 




NZD


New Zealand dollar


1,6757 




SGD


Singapore dollar


1,4229 




KRW


South Korean won


1 389,02 




ZAR


South African rand


17,9080 




CNY


Chinese yuan renminbi


7,3790 




HRK


Croatian kuna


7,5415 




IDR


Indonesian rupiah


16 224,36 




MYR


Malaysian ringgit


4,7202 




PHP


Philippine peso


59,410 




RUB


Russian rouble


 




THB


Thai baht


37,069 




BRL


Brazilian real


5,5470 




MXN


Mexican peso


20,1620 




INR


Indian rupee


84,6875 






(1)  Source: reference exchange rate published by the ECB.