do-me/EUR-LEX huggingface dataset:
Case C-157/23, Ford Italia: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 13 March 2023 — Ford Italia SpA v ZP, Stracciari SpA
Date: 2023-03-13
Institutions: Court of Justice
Subjects: labelling, producer's liability, product designation, supplier, trade information








C_2023189EN.01001902.xml










30.5.2023   


EN


Official Journal of the European Union


C 189/19






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 13 March 2023 — Ford Italia SpA v ZP, Stracciari SpA
(Case C-157/23, Ford Italia)
(2023/C 189/26)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Ford Italia SpA

Respondents: ZP, Stracciari SpA

Question referred

Is an interpretation that extends the producer’s liability to the supplier, even where the latter has not physically placed its own name, trade mark or other distinguishing feature on the item, on the sole ground that the supplier has a name, trade mark or other distinguishing feature that is in whole or in part the same as that of the producer, consistent with Article 3[(1)] of Directive 85/374/EEC? (1) If it is not consistent with that provision, why is that the case?


(1)  Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (OJ 1985 L 210, p. 29).
Council Decision (EU) 2023/596 of 13 March 2023 appointing an alternate member, proposed by the Kingdom of Belgium, of the Committee of the Regions
Date: 2023-03-13
Institutions: Council of the European Union
Subjects: Belgium, appointment of members, member of the Committee of the Regions








L_2023079EN.01016101.xml










17.3.2023   


EN


Official Journal of the European Union


L 79/161








            COUNCIL DECISION (EU) 2023/596
of 13 March 2023
         
appointing an alternate member, proposed by the Kingdom of Belgium, 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 made by the Belgian 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)


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 Alexia BERTRAND was proposed for appointment.












(4)


The Belgian Government has proposed Mr Pierre-Yves JEHOLET, representative of a regional body who holds a regional authority electoral mandate, Ministre-Président de la Fédération Wallonie-Bruxelles, as 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 Pierre-Yves JEHOLET, representative of a regional body who holds an electoral mandate, Ministre-Président de la Fédération Wallonie-Bruxelles, 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, 13 March 2023.


For the Council


The President

J. PEHRSON
            





(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).
Case C-152/23: Action brought on 13 March 2023 — European Commission v Czech Republic
Date: 2023-03-13
Institutions: Court of Justice
Subjects: directive (EU), national implementing measure, sanction (EU), whistleblowing








C_2023155EN.01004501.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/45






Action brought on 13 March 2023 — European Commission v Czech Republic
(Case C-152/23)
(2023/C 155/57)
Language of the case: Czech

Parties


Applicant: European Commission (represented by: M. Salyková, J. Baquero Cruz, acting as Agents)

Defendant: Czech Republic

Form of order sought

The applicant claims that the Court should:






—


Declare that, by failing to adopt all laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 (1) of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law and by failing to communicate those provisions to the Commission, the Czech Republic has failed to fulfil its obligations under Article 26(1) and (3) of that directive;










—


Order the Czech Republic to pay the Commission a lump sum, corresponding to the higher of the following two sums: (i) a daily rate of EUR 4 900 multiplied by the number of days between the date following that of the expiry of the deadline for transposition laid down in that directive and the date on which the legal infringement was remedied, or, in the event that it is not remedied, the date on which the present judgment is delivered; (ii) a minimum lump sum of EUR 1 372 000;










—


If the failure to fulfil obligations determined in point 1 lasts until the date of delivery of the judgment in the present proceedings, order the Czech Republic to pay the Commission penalty payments of EUR 19 110 per day from the date of delivery of the judgment in the present proceedings until the date on which the Czech Republic fulfils its obligations under that directive; and










—


Order Czech Republic to pay the costs.





Pleas in law and main arguments

Directive (EU) 2019/1937 of the European Parliament and of the Council lays down an effective system for the protection of persons who work in a private or public organisation or who are in contact with those organisations and who notify an infringement of EU law in certain areas. Pursuant to Article 26(1) of the Directive, Member States were supposed to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 17 December 2021. Under Article 26(3) of that directive, the Member States were also obliged to communicate to the Commission forthwith the text of those provisions.
On 27 January 2022, the Commission sent the Czech Republic a letter of formal notice. On 15 July 2022, the Commission sent the Czech Republic a reasoned opinion. However, the Czech Republic has not thus far adopted or notified the measures necessary to transpose the directive.


(1)  OJ 2019 L 305, p. 17.
Case C-150/23: Action brought on 13 March 2023 — European Commission v Grand Duchy of Luxembourg
Date: 2023-03-13
Institutions: Court of Justice
Subjects: directive (EU), national implementing measure, sanction (EU), whistleblowing








C_2023155EN.01004401.xml










2.5.2023   


EN


Official Journal of the European Union


C 155/44






Action brought on 13 March 2023 — European Commission v Grand Duchy of Luxembourg
(Case C-150/23)
(2023/C 155/56)
Language of the case: French

Parties


Applicant: European Commission (represented by: J. Baquero Cruz, F. Blanc and T. Materne, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

The European Commission claims that the Court should:






—


Declare that, by failing to adopt all laws, regulations and administrative provisions necessary to comply with Directive (EU) 2019/1937 (1) and by failing to communicate those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 26(1) and (3) of that directive;










—


Order Luxembourg to pay the Commission a lump sum, corresponding to the higher of the following two sums: (i) a daily rate of EUR 900 multiplied by the number of days between the date following that of the expiry of the deadline for transposition laid down in that directive and the date on which the legal infringement was remedied, or, in the event that it is not remedied, the date on which the present judgment is delivered; (ii) a minimum lump sum of EUR 252 000;










—


If the failure to fulfil obligations determined in point 1 lasts until the date of delivery of the judgment in the present proceedings, order Luxembourg to pay the Commission penalty payments of EUR 3 150 per day from the date of delivery of the judgment in the present proceedings until the date on which Luxembourg fulfils its obligations under that directive; and










—


Order Luxembourg to pay the costs.





Pleas in law and main arguments

According to the Commission, Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law lays down an effective system for the protection of persons who work in a private or public organisation or who are in contact with those organisations and who notify an infringement of EU law in certain areas.
Pursuant to Article 26(1) of the directive, Member States were supposed to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 17 December 2021. Under Article 26(3) of that directive, the Member States were also obliged to communicate to the Commission forthwith the text of those provisions.
On 21 January 2022, the Commission sent Luxembourg a letter of formal notice. On 15 July 2022, the Commission sent Luxembourg a reasoned opinion. However, Luxembourg has not thus far adopted or notified the measures necessary to transpose the directive.


(1)  Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ 2019 L 305, p. 17).
Council Decision (EU) 2023/597 of 13 March 2023 appointing a member, proposed by the Portuguese Republic, of the European Economic and Social Committee
Date: 2023-03-13
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Portugal, appointment of members








L_2023079EN.01016301.xml










17.3.2023   


EN


Official Journal of the European Union


L 79/163








            COUNCIL DECISION (EU) 2023/597
of 13 March 2023
         
appointing a member, proposed by the Portuguese Republic, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to Council Decision (EU) 2019/853 of 21 May 2019 determining the composition of the European Economic and Social Committee (1),


Having regard to the proposal of the Portuguese Government,


After consulting the European Commission,

Whereas:







(1)


Pursuant to Article 300(2) of the Treaty, the Economic and Social Committee is to consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.












(2)


On 2 October 2020, the Council adopted Decision (EU) 2020/1392 (2), appointing the members of the European Economic and Social Committee for the period from 21 September 2020 to 20 September 2025.












(3)


A member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Carlos Alberto MINEIRO AIRES.












(4)


The Portuguese Government has proposed Mr António Augusto DA ASCENÇÃO MENDONÇA, Bastonário da Ordem dos Economistas, Conselho Nacional das Ordens Profissionais (CNOP) (President of the Portuguese Order of Economists, National Council of the Professional Orders), as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2025,





HAS ADOPTED THIS DECISION:



Article 1
Mr António Augusto DA ASCENÇÃO MENDONÇA, Bastonário da Ordem dos Economistas, Conselho Nacional das Ordens Profissionais (CNOP) (President of the Portuguese Order of Economists, National Council of the Professional Orders), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2025.


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




Done at Brussels, 13 March 2023.


For the Council


The President

J. PEHRSON
            





(1)  
            OJ L 139, 27.5.2019, p. 15.

(2)  Council Decision (EU) 2020/1392 of 2 October 2020 appointing the members of the European Economic and Social Committee for the period from 21 September 2020 to 20 September 2025, and repealing and replacing the Council Decision appointing the members of the European Economic and Social Committee for the period 21 September 2020 to 20 September 2025 adopted on 18 September 2020 (OJ L 322, 5.10.2020, p. 1).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 10 March 2023 2023/C 93/06
Date: 2023-03-13
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023093EN.01004001.xml










13.3.2023   


EN


Official Journal of the European Union


C 93/40






Euro exchange rates (1)

10 March 2023
(2023/C 93/06)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0586 




JPY


Japanese yen


144,70 




DKK


Danish krone


7,4425 




GBP


Pound sterling


0,88258 




SEK


Swedish krona


11,3915 




CHF


Swiss franc


0,9824 




ISK


Iceland króna


150,10 




NOK


Norwegian krone


11,2900 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


23,635 




HUF


Hungarian forint


383,65 




PLN


Polish zloty


4,6815 




RON


Romanian leu


4,9143 




TRY


Turkish lira


20,0737 




AUD


Australian dollar


1,6064 




CAD


Canadian dollar


1,4643 




HKD


Hong Kong dollar


8,3095 




NZD


New Zealand dollar


1,7292 




SGD


Singapore dollar


1,4349 




KRW


South Korean won


1 398,24 




ZAR


South African rand


19,4250 




CNY


Chinese yuan renminbi


7,3594 




IDR


Indonesian rupiah


16 402,95 




MYR


Malaysian ringgit


4,7849 




PHP


Philippine peso


58,400 




RUB


Russian rouble


 




THB


Thai baht


37,115 




BRL


Brazilian real


5,5037 




MXN


Mexican peso


19,5428 




INR


Indian rupee


86,9375 






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.10834 – AGROFERT / BOREALIS NITRO) (Text with EEA relevance) 2023/C 230/02
Date: 2023-03-13
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, farming sector, fertiliser, fertiliser industry, food industry, merger control, nitrogen, organic chemical, supplier








C_2023230EN.01000201.xml










30.6.2023   


EN


Official Journal of the European Union


C 230/2






Non-opposition to a notified concentration
(Case M.10834 – AGROFERT / BOREALIS NITRO)
(Text with EEA relevance)
(2023/C 230/02)
On 13 March 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 (https://competition-cases.ec.europa.eu/search). 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 32023M10834. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-142/23: Action brought on 13 March 2023 — Swenters v Commission
Date: 2023-03-13
Institutions: General Court
Subjects: Belgium, EU competition policy, building materials, control of restrictive practices, restriction on competition








C_2023189EN.01003501.xml










30.5.2023   


EN


Official Journal of the European Union


C 189/35






Action brought on 13 March 2023 — Swenters v Commission
(Case T-142/23)
(2023/C 189/46)
Language of the case: Dutch

Parties


Applicant: Ivo Swenters (Hasselt, Belgium) (represented by: J. Coninx, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare the application admissible and well founded in form and content;










—


accordingly, annul the contested decision;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of its action against the decision of the Commission of 13 January 2023 rejecting its complaint concerning infringements of Article 101 TFEU and Article 102 TFEU allegedly committed by SCR-Sibelco NV, Cimenteries C.B.R. Cementbedrijven NV, Grintbedrijf SBS NV, Kiezelgroeve Varenberg NV, Dragages Graviers et Travaux (Dragratra) NV, Sibelco Nederland BV, Van Nieuwpoort Groep BV, Heidelbergcement AG and Hülskens Holding GmbH & Co (Case AT.40683 — Belgian Sand), the applicant relies on two pleas in law.






1.


First plea in law, alleging that the Commission breached its obligation to investigate and to state reasons
The Commission breached its obligation to investigate carefully the circumstances and agreements cited by the applicant, despite the presence of hardcore restrictions of competition. The arguments raised by the applicant were rejected without any investigation and the Commission limits itself in the contested decision to summary and superficial determinations.










2.


Second plea in law, alleging that the Commission incorrectly assessed the interests of the Union.
The Commission wrongly took the position that the infringements raised by the applicant appear to be limited to one Member State, thereby misunderstanding the international scope of the facts. The Commission also took no account of the duration of the infringements and wrongly drew the conclusion that the national courts and authorities were well placed to evaluate the anti-competitive practices cited by the applicant.
Non-opposition to a notified concentration (Case M.11014 – ABU DHABI PORTS COMPANY / NOATUM HOLDINGS) (Text with EEA relevance) 2023/C 105/03
Date: 2023-03-13
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, harbour installation, logistics, maritime transport, merger control








C_2023105EN.01000301.xml










21.3.2023   


EN


Official Journal of the European Union


C 105/3






Non-opposition to a notified concentration
(Case M.11014 – ABU DHABI PORTS COMPANY / NOATUM HOLDINGS)
(Text with EEA relevance)
(2023/C 105/03)
On 13 March 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 32023M11014. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.