do-me/EUR-LEX huggingface dataset:
State aid – Decision to raise no objections 2023/C 40/03
Date: 2023-02-02
Institutions: EFTA Surveillance Authority
Subjects: European Economic Area, Norway, State aid, control of State aid, hydrogen, hydrogen production, metallurgical industry








C_2023040EN.01000301.xml










2.2.2023   


EN


Official Journal of the European Union


C 40/3






State aid – Decision to raise no objections
(2023/C 40/03)
The EFTA Surveillance Authority raises no objections to the following state aid measure:






Date of adoption of the decision


21 September 2022




Case No


89149




Decision No


180/22/COL




EFTA State


Norway




Title


Important Project of Common European Interest on Hydrogen Industry (Hy2Use) – Norwegian projects




Legal basis


Article 61(3)(b) of the EEA Agreement




Type of measure


Individual aid (ad hoc)




Objective


Aid to promote the execution of an important project of common European interest




Form of aid


Grants




Budget


For Barents Blue Ammonia Plant: NOK 482 million
For TiZir Titanium and Iron AS: NOK 261 million




Intensity


For Barents Blue Ammonia Plant: 29,6 %
For TiZir Titanium and Iron AS: 60 %




Duration


Grants disbursed in 2022-2026




Economic sectors


Ammonia sector
Metals sector




Name and address of the granting authority







Enova SF




Brattørkaia 17A, 7010 Trondheim,




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/state-aid-register/decisions/
Interest rate applied by the European Central Bank to its main refinancing operations (Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.): 2,50 % on 1 February 2023 Euro exchange rates (Source: reference exchange rate published by the ECB.) 1 February 2023 2023/C 40/01
Date: 2023-02-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2023040EN.01000101.xml










2.2.2023   


EN


Official Journal of the European Union


C 40/1






Interest rate applied by the European Central Bank to its main refinancing operations (1):
2,50 % on 1 February 2023
Euro exchange rates (2)

1 February 2023
(2023/C 40/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0894 




JPY


Japanese yen


141,37 




DKK


Danish krone


7,4396 




GBP


Pound sterling


0,88413 




SEK


Swedish krona


11,3455 




CHF


Swiss franc


0,9980 




ISK


Iceland króna


153,50 




NOK


Norwegian krone


10,8569 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,775 




HUF


Hungarian forint


390,20 




PLN


Polish zloty


4,7075 




RON


Romanian leu


4,9117 




TRY


Turkish lira


20,4978 




AUD


Australian dollar


1,5392 




CAD


Canadian dollar


1,4506 




HKD


Hong Kong dollar


8,5444 




NZD


New Zealand dollar


1,6903 




SGD


Singapore dollar


1,4303 




KRW


South Korean won


1 339,22 




ZAR


South African rand


18,8328 




CNY


Chinese yuan renminbi


7,3452 




IDR


Indonesian rupiah


16 299,47 




MYR


Malaysian ringgit


4,6471 




PHP


Philippine peso


59,318 




RUB


Russian rouble


 




THB


Thai baht


35,841 




BRL


Brazilian real


5,5174 




MXN


Mexican peso


20,4919 




INR


Indian rupee


89,1060 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Corrigendum to Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation (Official Journal of the European Union L 198 of 23 July 2016)
Date: 2023-02-02
Institutions: Directorate-General for Mobility and Transport, European Commission
Subjects: administrative procedure, air safety, air traffic, aircraft, civil aviation, data processing, helicopter, technical specification, transport authorisation








L_2023030EN.01003601.xml










2.2.2023   


EN


Official Journal of the European Union


L 30/36







Corrigendum to Commission Regulation (EU) 2016/1199 of 22 July 2016 amending Regulation (EU) No 965/2012 as regards operational approval of performance-based navigation, certification and oversight of data services providers and helicopter offshore operations, and correcting that Regulation

(
Official Journal of the European Union L 198 of 23 July 2016
)


On page 27, in point (4)(c) of the Annex, in the added Subpart K of Annex V to Regulation (EU) No 965/2012:
for:

                  ‘SPA.HOFO.145 Flight data monitoring (FDM) system






(a)


When conducting CAT operations with a helicopter equipped with a flight data recorder, the operator shall establish and maintain a FDM system, as part of its integrated management system, by 1 January 2019.










(b)


The FDM system shall be non-punitive and contain adequate safeguards to protect the source(s) of the data.’,




read:

                  ‘SPA.HOFO.145 Flight data monitoring (FDM) programme






(a)


When conducting CAT operations with a helicopter equipped with a flight data recorder, the operator shall establish and maintain a FDM programme, as part of its integrated management system, by 1 January 2019.










(b)


The FDM programme shall be non-punitive and contain adequate safeguards to protect the source(s) of the data.’.
Case C-57/23, Policejní prezidium: Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 2 February 2023 — JH v Policejní prezidium
Date: 2023-02-02
Institutions: Court of Justice
Subjects: DNA, case-law, data protection, data-processing law, national law, offence, personal data, prevention of delinquency, principle of proportionality, protection of privacy








C_2023173EN.01001502.xml










15.5.2023   


EN


Official Journal of the European Union


C 173/15






Request for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 2 February 2023 — JH v Policejní prezidium
(Case C-57/23, Policejní prezidium)
(2023/C 173/22)
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: JH

Defendant: Policejní prezidium

Questions referred







1.


What degree of distinction between individual data subjects is required by Article 4(1)(c) or Article 6 in conjunction with Article 10 of Directive 2016/680? (1) Is it compliant with the obligation to minimise personal data processing, and with the obligation to distinguish between various categories of data subjects, for national law to permit the collection of genetic data in respect of all persons suspected or accused of having committed an intentional criminal offence?










2.


Is it in accordance with Article 4(1)(e) of Directive 2016/680 if the necessity of continued retention of a DNA profile is assessed, with a reference to the general prevention, investigation, and detection of criminal activity, by Police authorities on the basis of their internal regulations, which frequently means in practice that sensitive personal data is retained for an unspecified period without a maximum limit for the duration of the retention of that personal data being set? If not, by what criteria should the proportionality of the period of the retention of the personal data collected and retained for that purpose be assessed?










3.


In the case of particularly sensitive personal data falling under Article 10 of Directive 2016/680, what is the minimal scope of the substantive or procedural conditions for obtaining, retaining, and deleting such data that must be regulated by a ‘provision of general application’ in the law of a Member State? Can judicial case-law qualify as ‘Member State law’ within the meaning of Article 8(2) in conjunction with Article 10 of Directive 2016/680?






(1)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ 2016 L 119, p. 89).
Non-opposition to a notified concentration (Case M.11001 – SKIPJACK / MITSUI O.S.K. LINES / INTERNATIONAL TRANSPORTATION) (Text with EEA relevance) 2023/C 48/02
Date: 2023-02-02
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, holding company, logistics, maritime transport, merger control, storage








C_2023048EN.01000201.xml










8.2.2023   


EN


Official Journal of the European Union


C 48/2






Non-opposition to a notified concentration
(Case M.11001 – SKIPJACK / MITSUI O.S.K. LINES / INTERNATIONAL TRANSPORTATION)
(Text with EEA relevance)
(2023/C 48/02)
On 2 February 2023, 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 32023M11001. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (Official Journal of the European Union L 25 of 27 January 2023)
Date: 2023-02-02
Institutions: European Commission
Subjects: animal feedingstuffs, food contamination, food inspection, food safety, foodstuff, health certificate, import (EU), originating product, surveillance concerning imports, third country




L_2023030EN.01003301.xml










2.2.2023   


EN


Official Journal of the European Union


L 30/33







Corrigendum to Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 amending Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council

(
Official Journal of the European Union L 25 of 27 January 2023
)


On page 44, Article 1, the text of point (1) is replaced as follows:






‘(1)


Article 14 is replaced by the following:

“Article 14
Transitional period
Consignments of groundnuts and products produced from groundnuts from Bolivia, curry leaves (Bergera/Murrava koenigii) from India, turnips (Brassica rapa ssp. rapa) from Lebanon, Sesamum seeds from Nigeria, vanilla extract from the United States and okra from Vietnam, which have been dispatched from the country of origin, or from another third country if that country is different from the country of origin, before the date of entry into force of Commission Implementing Regulation (EU) 2023/174 (*1), may enter the Union until 16 April 2023 without being accompanied by the results of sampling and analyses and the official certificate provided for in Articles 10 and 11.


(*1)  Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 25, 27.1.2023, p. 36).”;’
                                          "
                        






(*1)  Commission Implementing Regulation (EU) 2023/174 of 26 January 2023 Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council (OJ L 25, 27.1.2023, p. 36).”;’
Case T-706/22 R: Order of the President of the General Court of 2 February 2023 — Nicoventures Trading and Others v Commission (Interim relief — Public health — Withdrawal of certain exemptions for heated tobacco products — Application for interim measures — No urgency)
Date: 2023-02-02
Institutions: General Court
Subjects: derogation from EU law, public health, smoking, tobacco, tobacco industry








C_2023104EN.01003402.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/34






Order of the President of the General Court of 2 February 2023 — Nicoventures Trading and Others v Commission
(Case T-706/22 R)
(Interim relief - Public health - Withdrawal of certain exemptions for heated tobacco products - Application for interim measures - No urgency)
(2023/C 104/53)
Language of the case: English

Parties


Applicants: Nicoventures Trading Ltd (London, United Kingdom) and the other five applicants whose names are listed in the annex to the order (represented by: L. Van den Hende, M. Schonberg, J. Penz-Evren and P. Wytinck, lawyers)

Defendant: European Commission (represented by: H. van Vliet, A. Becker and F. van Schaik, acting as Agents)

Re:

By their application on the basis of Articles 278 and 279 TFEU, the applicants seek, first, in essence, the suspension of operation of Commission Delegated Directive (EU) 2022/2100 of 29 June 2022 amending Directive 2014/40/EU of the European Parliament and of the Council as regards the withdrawal of certain exemptions in respect of heated tobacco products (OJ 2022 L 283, p. 4) and, second, the grant of any other interim measures as appropriate.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Prior notification of a concentration (Case M.11024 – GEODIS INTERNATIONAL / TRANS-O-FLEX EXPRESS) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 40/05
Date: 2023-02-02
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, inland transport, international transport, logistics, merger control








C_2023040EN.01000601.xml










2.2.2023   


EN


Official Journal of the European Union


C 40/6






Prior notification of a concentration
(Case M.11024 – GEODIS INTERNATIONAL / TRANS-O-FLEX EXPRESS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 40/05)

1.   
On 25 January 2023, 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:






—


Geodis SA (‘Geodis’, France), a wholly owned subsidiary of Société Nationale SNCF (‘SNCF’, France), which in turn is wholly owned by the French state,










—


Trans-o-flex Express GmbH & Co. KGaA and Trans-o-flex Express Verwaltungs GmbH (together referred to as ‘Trans-o-flex’, Germany).
Geodis will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Trans-o-flex.
The concentration is accomplished by way of purchase of shares.






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






—


Geodis is a joint stock company based in France that operates as a European logistics operator with global reach, offering management solutions across all parts of the logistics chain,










—


Trans-o-flex provides national and, to a limited extent, international logistics and transportation services and operates logistics networks for express parcel and pallet delivery in Germany and Austria with a focus on temperature-controlled consignments.






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.11024 – GEODIS INTERNATIONAL / TRANS-O-FLEX EXPRESS
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-15/22: Order of the General Court of 2 February 2023 — Motel One v EUIPO — Apartment One (APART MENT ONE SLEEP CLEVER.) (EU trade mark — Opposition proceedings — Application for EU figurative mark APART MENT ONE SLEEP CLEVER — Earlier EU figurative marks be one and motel one — Action which has become devoid of purpose — No need to adjudicate)
Date: 2023-02-02
Institutions: General Court
Subjects: EU trade mark, catering industry, hotel industry, registered trade mark, trade-mark law








C_2023104EN.01003401.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/34






Order of the General Court of 2 February 2023 — Motel One v EUIPO — Apartment One (APART MENT ONE SLEEP CLEVER.)
(Case T-15/22) (1)

(EU trade mark - Opposition proceedings - Application for EU figurative mark APART MENT ONE SLEEP CLEVER - Earlier EU figurative marks be one and motel one - Action which has become devoid of purpose - No need to adjudicate)
(2023/C 104/52)
Language of the case: German

Parties


Applicant: Motel One GmbH (Munich, Germany) (represented by: M. Hartmann, S. Fröhlich and H. Lerchl, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Apartment One GbR (Grasbrunn, Germany)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 October 2021 (Case R 564/2021-5), relating to opposition proceedings between Motel One GmbH and the other party to the proceedings before the Board of Appeal, Apartment One GbR.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Motel One GmbH shall pay the costs.






(1)  
            OJ C 84, 21.2.2022.
Case C-676/21, Veronsaajien oikeudenvalvontayksikkö (Tax on vehicles): Judgment of the Court (Eighth Chamber) of 2 February 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by A (Reference for a preliminary ruling — Internal taxation — Article 110 TFEU — Motor vehicles — Tax on vehicles — Second-hand vehicles imported from other Member States — Second-hand vehicles exported to other Member States — Refund of that tax on export — Restriction on that refund to vehicles which were put into circulation less than ten years ago)
Date: 2023-02-02
Institutions: Court of Justice
Subjects: EU Member State, export (EU), export tax, import (EU), intra-EU trade, motor vehicle, tax rebate, used goods, vehicle tax








C_2023104EN.01000701.xml










20.3.2023   


EN


Official Journal of the European Union


C 104/7






Judgment of the Court (Eighth Chamber) of 2 February 2023 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by A
(Case C-676/21, (1) Veronsaajien oikeudenvalvontayksikkö (Tax on vehicles))
(Reference for a preliminary ruling - Internal taxation - Article 110 TFEU - Motor vehicles - Tax on vehicles - Second-hand vehicles imported from other Member States - Second-hand vehicles exported to other Member States - Refund of that tax on export - Restriction on that refund to vehicles which were put into circulation less than ten years ago)
(2023/C 104/07)
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: A

Intervening party: Veronsaajien oikeudenvalvontayksikkö

Operative part of the judgment

Primary Union law, specifically Article 110 TFEU, must be interpreted as not precluding national legislation under which a motor vehicle tax included in the value of each vehicle is not refunded to the owner of a motor vehicle in the event of its export for permanent use in another Member State, where that vehicle was first put into circulation at least ten years before the time of its export. It is irrelevant in that regard that such a vehicle was intended to be used primarily in the territory of the Member State which levied the vehicle tax on a permanent basis and that it was in fact also used in that way.


(1)  
            OJ C 57, 31.1.2022.