do-me/EUR-LEX huggingface dataset:
Council Decision of 2 March 2023 appointing a member of the European Statistical Governance Advisory Board 2023/C 82/01
Date: 2023-03-02
Institutions: Council of the European Union
Subjects: EU statistics, advisory committee (EU), appointment of members




C_2023082EN.01000101.xml










6.3.2023   


EN


Official Journal of the European Union


C 82/1






COUNCIL DECISION
of 2 March 2023
appointing a member of the European Statistical Governance Advisory Board
(2023/C 82/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3(5) thereof,
Having regard to the opinion of the European Commission,
Whereas:






(1)


By its decision of 18 December 2020 (2), the Council appointed two members of the European Statistical Governance Advisory Board (the ‘Board’) for a term of office of three years starting on 1 February 2021.










(2)


One of those members, Mr Bart DE MOOR, resigned before the expiry of his term of office.










(3)


It is therefore necessary to appoint a new member of the Board.










(4)


According to Article 3(2) of Decision No 235/2008/EC, the members of the Board are to be selected from among experts possessing outstanding competence in the field of statistics,




HAS ADOPTED THIS DECISION:

Article 1
Mr Juan Manuel RODRIGUEZ POO is hereby appointed as a member of the European Statistical Governance Advisory Board for a term of office of three years.


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


Done at Brussels, 2 March 2023.


For the Council


The President

E. BUSCH




(1)  OJ L 73, 15.3.2008, p. 17.

(2)  Council Decision of 18 December 2020 appointing two members of the European Statistical Governance Advisory Board (OJ C 445, 22.12.2020, p. 3).
Council Decision (EU) 2023/508 of 2 March 2023 appointing an alternate member, proposed by the Republic of Estonia, of the Committee of the Regions
Date: 2023-03-02
Institutions: Council of the European Union
Subjects: Estonia, appointment of members, member of the Committee of the Regions








L_2023070EN.01004901.xml










8.3.2023   


EN


Official Journal of the European Union


L 70/49








            COUNCIL DECISION (EU) 2023/508
of 2 March 2023
         
appointing an alternate member, proposed by the Republic of Estonia, 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 Estonian 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 25 January 2021, the Council adopted Decision (EU) 2021/84 (2) appointing a member and an alternate member, proposed by the Republic of Estonia, of the Committee of the Regions.












(3)


An alternate member’s seat on the Committee of the Regions has become vacant following the end of the national mandate on the basis of which Ms Varje TIPP was proposed for appointment.












(4)


The Estonian Government has proposed Mr Tiit TERIK, representative of a local body who holds a local authority electoral mandate, Tallinna Linnavolikogu liige (Member of Tallinn City Council), as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025,





HAS ADOPTED THIS DECISION:



Article 1
Mr Tiit TERIK, representative of a local body who holds an electoral mandate, Tallinna Linnavolikogu liige (Member of Tallinn City Council), is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2025.


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




Done at Brussels, 2 March 2023.


For the Council


The President

E. BUSCH
            





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

(2)  Council Decision (EU) 2021/84 of 25 January 2021 appointing a member and an alternate member, proposed by the Republic of Estonia, of the Committee of the Regions (OJ L 29, 28.1.2021, p. 25).
Case C-31/21, Eurocostruzioni: Judgment of the Court (First Chamber) of 2 March 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Eurocostruzioni Srl v Regione Calabria (Reference for a preliminary ruling — Structural Funds — Regulation (EC) No 1685/2000 — Eligibility of expenditure — Requirement of proof of payment — Receipted invoices — Accounting documents of equivalent probative value — Construction undertaken directly by the final beneficiary)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: Structural Funds, accounting, building subsidy, construction costs, eligibility criteria, invoicing, principle of additionality, property development, structural expenditure








C_2023155EN.01000501.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/5






Judgment of the Court (First Chamber) of 2 March 2023 (request for a preliminary ruling from the Corte suprema di cassazione — Italy) — Eurocostruzioni Srl v Regione Calabria
(Case C-31/21, (1) Eurocostruzioni)
(Reference for a preliminary ruling - Structural Funds - Regulation (EC) No 1685/2000 - Eligibility of expenditure - Requirement of proof of payment - Receipted invoices - Accounting documents of equivalent probative value - Construction undertaken directly by the final beneficiary)
(2023/C 155/06)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicant: Eurocostruzioni Srl

Defendant: Regione Calabria

Operative part of the judgment







1.


Point 2.1 of Rule No 1 of the annex to Commission Regulation (EC) No 1685/2000 of 28 July 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards eligibility of expenditure of operations co-financed by the Structural Funds, as amended by Commission Regulation (EC) No 448/2004 of 10 March 2004
must be interpreted as not allowing the final beneficiary of funding for the construction of a building, which carried out that construction using its own resources, to justify the expenditure incurred by producing documents other than those expressly mentioned in that provision.










2.


Point 2.1 of Rule No 1 of the annex to Regulation No 1685/2000, as amended by Regulation No 448/2004,
must be interpreted as meaning that, as regards the final beneficiary of funding for the construction of a building, which carried out that construction using its own resources, a measurement booklet and an accounting ledger may not be classified as ‘accounting documents of equivalent probative value’, within the meaning of that provision, except where, in the light of their specific content and the relevant national rules, those documents are capable of proving that the expenditure incurred by that final beneficiary was actually made, giving a true and accurate picture of that expenditure.






(1)  OJ C 98, 22.3.2021.
Prior notification of a concentration (Case M.11066 – BERKSHIRE PARTNERS / GTCR / POINT BROADBAND) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 78/10
Date: 2023-03-02
Institutions: Directorate-General for Competition, European Commission
Subjects: Internet access provider, economic concentration, investment company, merger control, telecommunications








C_2023078EN.01001201.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/12






Prior notification of a concentration
(Case M.11066 – BERKSHIRE PARTNERS / GTCR / POINT BROADBAND)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 78/10)

1.   
On 23 February 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:






—


Berkshire Partners LLC (‘Berkshire’, USA),










—


GTCR, LLC (‘GTCR’, USA),










—


Point Broadband Holdings, LLC (‘Point Broadband’ USA), controlled by GTCR.




Berkshire and GTCR will acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of Point Broadband.
The concentration is accomplished by way of purchase of shares.


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






—


Berkshire is a private equity company based in Boston, U.S. that invests in well-positioned, growing companies across technology and communications, consumer, healthcare, and business services and industrials,










—


GTCR is a USA-based private equity firm focused on investing in growth companies in the Financial Services & Technology, Healthcare, Technology, Media & Telecommunications and Business Services industries,










—


Point Broadband provides fiber-to-the-premise high-speed data services to rural and underserved residential and business customers in the U.S.






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.11066 – BERKSHIRE PARTNERS / GTCR / POINT BROADBAND
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu





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 C-684/21, Papierfabriek Doetinchem: Judgment of the Court (Tenth Chamber) of 2 March 2023 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co. (Reference for a preliminary ruling — Intellectual property — Community designs — Regulation (EC) No 6/2002 — Article 8(1) — Features of appearance of a product dictated solely by its technical function — Criteria for assessment — Existence of alternative designs — Proprietor also holding a multitude of alternative protected designs — Multicolour appearance of a product not reflected in the registration of the design concerned)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: designs and models, product design, pulp and paper industry








C_2023155EN.01001901.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/19






Judgment of the Court (Tenth Chamber) of 2 March 2023 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Papierfabriek Doetinchem BV v Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.
(Case C-684/21, (1) Papierfabriek Doetinchem)
(Reference for a preliminary ruling - Intellectual property - Community designs - Regulation (EC) No 6/2002 - Article 8(1) - Features of appearance of a product dictated solely by its technical function - Criteria for assessment - Existence of alternative designs - Proprietor also holding a multitude of alternative protected designs - Multicolour appearance of a product not reflected in the registration of the design concerned)
(2023/C 155/22)
Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings


Applicant: Papierfabriek Doetinchem BV

Defendant: Sprick GmbH Bielefelder Papier- und Wellpappenwerk & Co.

Operative part of the judgment







1.


Article 8(1) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs
must be interpreted as meaning that the assessment as to whether the features of appearance of a product are dictated solely by its technical function, within the meaning of that provision, must be made having regard to all of the objective circumstances relevant to each case, inter alia those dictating the choice of features of appearance, the existence of alternative designs which fulfil the same technical function, and the fact that the proprietor of the design in question also holds design rights for numerous alternative designs, although that latter fact is not decisive for the application of that provision.










2.


Article 8(1) of Regulation No 6/2002
must be interpreted as meaning that, in the assessment as to whether the appearance of a product is dictated solely by its technical function, the fact that the design of that product allows for a multicolour appearance cannot be taken into account in the case where that multicolour appearance is not apparent from the registration of the design concerned.






(1)  OJ C 84, 21.2.2022.
Corrigendum to Commission Delegated Regulation (EU) 2023/262 of 7 September 2022 amending Annex II to Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits (OJ L 38, 8.2.2023)
Date: 2023-03-02
Institutions: European Commission
Subjects: OECD, State aid, Türkiye, United Kingdom, export aid, export credit, interest, power plant, revision of an agreement, sectoral aid








L_2023066EN.01023801.xml










2.3.2023   


EN


Official Journal of the European Union


L 66/238







Corrigendum to Commission Delegated Regulation (EU) 2022/262 of 7 September 2022 amending Annex II to Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits
(
Official Journal of the European Union L 38 of 8 February 2023
)

On the cover page and in the title, on page 1:
for:


                  ‘Commission Delegated Regulation (EU) 2022/262 of 7 September 2022 amending Annex II to Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits’,

read:


                  ‘Commission Delegated Regulation (EU) 2023/262 of 7 September 2022 amending Annex II to Regulation (EU) No 1233/2011 of the European Parliament and of the Council on the application of certain guidelines in the field of officially supported export credits’.
Case C-695/21, Recreatieprojecten Zeeland and Others: Judgment of the Court (Seventh Chamber) of 2 March 2023 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Recreatieprojecten Zeeland BV, Casino Admiral Zeeland BV, Supergame BV v Belgische Staat (Reference for a preliminary ruling — Freedom to provide services — Article 56 TFEU — Restrictions on the freedom to provide services — Games of chance — Legislation of a Member State laying down a general ban on advertising by gaming establishments — Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State — No possibility of derogation for establishments located in another Member State)
Date: 2023-03-02
Institutions: Court of Justice
Subjects: EU Member State, advertising, freedom to provide services, game of chance, gaming establishment, trade licence








C_2023155EN.01002001.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/20






Judgment of the Court (Seventh Chamber) of 2 March 2023 (request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel — Belgium) — Recreatieprojecten Zeeland BV, Casino Admiral Zeeland BV, Supergame BV v Belgische Staat
(Case C-695/21, (1) Recreatieprojecten Zeeland and Others)
(Reference for a preliminary ruling - Freedom to provide services - Article 56 TFEU - Restrictions on the freedom to provide services - Games of chance - Legislation of a Member State laying down a general ban on advertising by gaming establishments - Automatic derogation from that ban for establishments holding an operating licence issued by the authorities of that Member State - No possibility of derogation for establishments located in another Member State)
(2023/C 155/23)
Language of the case: Dutch

Referring court

Nederlandstalige rechtbank van eerste aanleg Brussel

Parties to the main proceedings


Applicants: Recreatieprojecten Zeeland BV, Casino Admiral Zeeland BV, Supergame BV

Defendant: Belgische Staat

Operative part of the judgment

The first paragraph of Article 56 TFEU must be interpreted as precluding legislation of a Member State which grants the operators of a limited and controlled number of gaming establishments located on the territory of that Member State an automatic derogation from the advertising ban generally applicable to such establishments, without providing for the possibility for operators of gaming establishments located in another Member State to obtain a derogation for the same purposes.


(1)  OJ C 84, 21.2.2022.
EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2022 Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.) 2023/C 78/08
Date: 2023-03-02
Institutions: EFTA Surveillance Authority
Subjects: Iceland, Liechtenstein, Norway, State aid, interest, reimbursement of aid








C_2023078EN.01000901.xml










2.3.2023   


EN


Official Journal of the European Union


C 78/9






EFTA Surveillance Authority’s notice on state aid recovery interest rates and reference/discount rates for the EFTA States applicable as from 1 December 2022


Published in accordance with the rules on reference and discount rates set out in Part VII of ESA’s State Aid Guidelines and Article 10 of ESA’s Decision No 195/04/COL 14 July 2004 (1)


(2023/C 78/08)
Base rates are calculated in accordance with the Chapter on the method for setting reference and discount rates of ESA’s State Aid Guidelines as amended by ESA’s Decision No 788/08/COL of 17 December 2008. To obtain the applicable reference rates, appropriate margins shall be added to the base rate in accordance with the State Aid Guidelines.
Base rates have been determined as follows:








 


Iceland


Liechtenstein


Norway




1.12.2022 –


6,13 


-0,45 


2,81 






(1)  OJ L 139, 25.5.2006, p. 37 and EEA Supplement to the OJ No. 26/2006, 25.5.2006, p. 1.
Corrigendum to Commission Implementing Directive (EU) 2022/1647 of 23 September 2022 amending Directive 2003/90/EC as regards a derogation for organic varieties of agricultural plant species suitable for organic production (Official Journal of the European Union L 248 of 26 September 2022)
Date: 2023-03-02
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: Community Plant Variety Office, barley, catalogue, crop production, maize, organic farming, plant breeding, plant taxonomy, rye, wheat








L_2023065EN.01005801.xml










2.3.2023   


EN


Official Journal of the European Union


L 65/58







Corrigendum to Commission Implementing Directive (EU) 2022/1647 of 23 September 2022 amending Directive 2003/90/EC as regards a derogation for organic varieties of agricultural plant species suitable for organic production

(
Official Journal of the European Union L 248 of 26 September 2022
)


On page 47, in Article 1, point (1)(b) (amending Article 1(3) of Directive 2003/90/EC), first subparagraph:
for:


                  ‘By way of derogation from the first subparagraph, as regards the value for cultivation or use, organic varieties suitable for organic production, which belong to the species listed in Annex IV, Part A, may, comply instead with the conditions laid down in Part B of that Annex.;’,

read:


                  ‘By way of derogation from the first subparagraph, as regards the value for cultivation or use, organic varieties suitable for organic production, which belong to the species listed in Annex V, Part A, may comply instead with the conditions laid down in Part B of that Annex.’