do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.11137 – EMIL FREY FRANCE / SACAPUCE / JAM PROD / GROUPE KERTRUCKS FINANCE) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 218/07
Date: 2023-06-21
Institutions: Directorate-General for Competition, European Commission
Subjects: France, economic concentration, hire purchase, holding company, industrial equipment, investment company, merger control, motor vehicle, provision of services, retail selling, used goods








C_2023218EN.01001001.xml










21.6.2023   


EN


Official Journal of the European Union


C 218/10






Prior notification of a concentration
(Case M.11137 – EMIL FREY FRANCE / SACAPUCE / JAM PROD / GROUPE KERTRUCKS FINANCE)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 218/07)

1.   
On 9 June 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:






—


Emil Frey France (‘Emil Frey’, Switzerland), belonging to the Emil Frey Group,










—


Sacapuce (France),










—


Jam Prod (France), and










—


Groupe Kertrucks Finance (‘GKF’, France).




Emil Frey, Sacapuce and Jam Prod will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of GKF.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


Emil Frey is active in France in the retail sale of new and second-hand motor vehicles,










—


Sacapuce is a financial holding company,










—


Jam Prod is a financial holding company,










—


GKF is the management holding company of Groupe Kertrucks. Groupe Kertrucks is active in the sale and leasing of industrial vehicles, and the provision of associated services.






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.11137 – EMIL FREY FRANCE / SACAPUCE / JAM PROD / GROUPE KERTRUCKS FINANCE
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 of 29.1.2004, p. 1 (the ‘Merger Regulation’).

(2)  OJ C 366 of 14.12.2013, p. 5.
Case T-628/22: Order of the General Court of 21 June 2023 — Repasi v Commission (Action for annulment — Environment — Commission Delegated Regulation (EU) 2022/1214 — Taxonomy — Economic activities relating to fossil gas and nuclear energy — Inclusion in sustainable economic activities — Member of the European Parliament — Lack of direct concern — Inadmissibility)
Date: 2023-06-21
Institutions: General Court
Subjects: EU environmental policy, Member of the European Parliament, admissibility, economic activity, economic instrument for the environment, energy production, gas, nuclear energy








C_2023278EN.01002201.xml










7.8.2023   


EN


Official Journal of the European Union


C 278/22






Order of the General Court of 21 June 2023 — Repasi v Commission
(Case T-628/22) (1)

(Action for annulment - Environment - Commission Delegated Regulation (EU) 2022/1214 - Taxonomy - Economic activities relating to fossil gas and nuclear energy - Inclusion in sustainable economic activities - Member of the European Parliament - Lack of direct concern - Inadmissibility)
(2023/C 278/33)
Language of the case: German

Parties


Applicant: René Repasi (Karlsruhe, Germany) (represented by: H.-G. Kamann, D. Fouquet, lawyers, F. Kainer and M. Nettesheim, professors)

Defendant: European Commission (represented by: F. Erlbacher, A. Nijenhuis and G. von Rintelen, acting as Agents)

Re:

By his action under Article 263 TFEU, the applicant seeks the annulment of Commission Delegated Regulation (EU) 2022/1214 of 9 March 2022 amending Delegated Regulation (EU) 2021/2139 as regards economic activities in certain energy sectors and Delegated Regulation (EU) 2021/2178 as regards specific public disclosures for those economic activities (OJ 2022 L 188, p. 1).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


There is no longer any need to rule on the application for leave to intervene submitted by the French Republic.










3.


The applicant shall bear his own costs and pay those incurred by the European Commission.










4.


The French Republic shall bear its own costs.






(1)  OJ C 24, 23.1.2023.
Joined Cases T-197/22 and T-198/22: Judgment of the General Court of 21 June 2023 — Ioulia and Irene Tseti Pharmaceutical Laboratories v EUIPO — Arbora & Ausonia (InterMed Pharmaceutical Laboratories eva intima) (EU trade mark — Opposition proceedings — Application for the EU figurative marks InterMed Pharmaceutical Laboratories eva intima — Earlier EU and national word marks EVAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
Date: 2023-06-21
Institutions: General Court
Subjects: EU trade mark, cosmetic product, dietary product, food supplement, marketing, medical device, pharmaceutical product, polishing and scouring preparations, registered trade mark, trade-mark law








C_2023271EN.01002602.xml










31.7.2023   


EN


Official Journal of the European Union


C 271/26






Judgment of the General Court of 21 June 2023 — Ioulia and Irene Tseti Pharmaceutical Laboratories v EUIPO — Arbora & Ausonia (InterMed Pharmaceutical Laboratories eva intima)
(Joined Cases T-197/22 and T-198/22) (1)

(EU trade mark - Opposition proceedings - Application for the EU figurative marks InterMed Pharmaceutical Laboratories eva intima - Earlier EU and national word marks EVAX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2023/C 271/38)
Language of the case: English

Parties


Applicant: Ioulia and Irene Tseti Pharmaceutical Laboratories SA (Athens, Greece) (represented by: C. Chrysanthis, P.-V. Chardalia and A. Vasilogamvrou, lawyers)

Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Arbora & Ausonia, SL (Madrid, Spain) (represented by: J. Mora Cortés, lawyer)

Re:

By its actions under Article 263 TFEU, the applicant seeks the annulment of the decisions of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 March 2022 in Case R 1244/2021-1 and in Case R 1245/2021-1.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 1 March 2022 in Case R 1244/2021-1 in so far as the ‘toiletries; body cleaning preparations; cleaning preparations’ in Class 3 and the ‘hygienic preparations; sanitary preparations for medical purposes’ in Class 5 are concerned;










2.


Dismisses the action in Case T-197/22 as to the remainder;










3.


Annuls the decision of the First Board of Appeal of EUIPO of 1 March 2022 in Case R 1245/2021-1;










4.


Orders the parties to bear their own costs in Case T-197/22;










5.


Orders EUIPO and Arbora & Ausonia, SL to pay the costs incurred by Ioulia and Irene Tseti Pharmaceutical Laboratories SA in Case T-198/22.






(1)  OJ C 222, 7.6.2022.
Prior notification of a concentration (Case M.11116 – HEDIN / DELTA AUTO) (Text with EEA relevance) 2023/C 218/06
Date: 2023-06-21
Institutions: Directorate-General for Competition, European Commission
Subjects: Finland, economic concentration, general mechanical engineering, light-duty vehicle, merger control, motor car, retail selling, used goods, vehicle parts








C_2023218EN.01000901.xml










21.6.2023   


EN


Official Journal of the European Union


C 218/9






Prior notification of a concentration
(Case M.11116 – HEDIN / DELTA AUTO)
(Text with EEA relevance)
(2023/C 218/06)

1.   
On 14 June 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:






—


Hedin Automotive Oy (‘Hedin’, Finland), belonging to Hedin Mobility Group AB (Sweden),










—


Delta Auto Oy (‘Delta Auto’, Finland).




Hedin will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Delta Auto.
The concentration is accomplished by way of purchase of shares.


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






—


Hedin is active in the retail sale of new and used passenger cars and light commercial vehicles, the provision of repair and maintenance services and the retail sale of original equipment spare parts in Finland,










—


Delta Auto is active in the retail sale of new and used passenger cars and light commercial vehicles, the provision of repair and maintenance services and the retail sale of original equipment spare parts in Finland.






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.



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.11116 – HEDIN / DELTA AUTO
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’).
Case T-131/21: Judgment of the General Court of 21 June 2023 — Região Autónoma da Madeira v Commission (State aid — Aid scheme implemented by Portugal — Madeira Free Zone — Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme — Action for annulment — Standing to bring proceedings — Admissibility — Meaning of ‘State aid’ — Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 — Recovery — Legitimate expectations — Legal certainty — Principle of sound administration — Absolute impossibility of implementation — Limitation — Article 17 of Regulation 2015/1589)
Date: 2023-06-21
Institutions: General Court
Subjects: Madeira, Portugal, State aid, control of State aid, corporation tax, limitation of legal proceedings, principle of legal certainty, regional aid, reimbursement of aid, tax exemption, tax relief








C_2023278EN.01001802.xml










7.8.2023   


EN


Official Journal of the European Union


C 278/18






Judgment of the General Court of 21 June 2023 — Região Autónoma da Madeira v Commission
(Case T-131/21) (1)

(State aid - Aid scheme implemented by Portugal - Madeira Free Zone - Decision finding that the scheme does not comply with Decisions C(2007) 3037 final and C(2013) 4043 final, declaring it to be incompatible with the internal market and ordering the recovery of aid paid under that scheme - Action for annulment - Standing to bring proceedings - Admissibility - Meaning of ‘State aid’ - Existing aid within the meaning of Article 1(b)(ii) of Regulation (EU) 2015/1589 - Recovery - Legitimate expectations - Legal certainty - Principle of sound administration - Absolute impossibility of implementation - Limitation - Article 17 of Regulation 2015/1589)
(2023/C 278/28)
Language of the case: Portuguese

Parties


Applicant: Região Autónoma da Madeira (represented by: M. Gorjão-Henriques and A. Saavedra, lawyers)

Defendant: European Commission (represented by: I. Barcew and P. Caro de Sousa, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks annulment of Articles 1 and 4 to 6 of Commission Decision (EU) 2022/1414 of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III (OJ 2022 L 217, p. 49).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Região Autónoma da Madeira to pay the costs.






(1)  OJ C 206, 31.5.2021.
Commission Regulation (EU) 2023/… of 21 June 2023 correcting certain language versions of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (Text with EEA relevance)
Date: 2023-06-21
Institutions: Directorate-General for Translation, European Commission
Subjects: European organisation, environmental monitoring, environmental protection, information system








L_2023159EN.01000101.xml










22.6.2023   


EN


Official Journal of the European Union


L 159/1








            COMMISSION REGULATION (EU) 2023/…
of 21 June 2023
         
correcting certain language versions of Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (1), and in particular Article 48 thereof,

Whereas:







(1)


The Danish, Hungarian, Italian, Lithuanian and Polish language versions of Annex I to Regulation (EC) No 1221/2009 contain an error in point 2, first paragraph as regards the obligation to determine the relevant needs and expectations of the interested parties that changes the substance of the provision. The Polish language version of that Annex contains also an error in point 4.2, third paragraph that narrows the scope of the obligation laid down in that provision. Both errors were introduced by Commission Regulation (EU) 2017/1505 (2).












(2)


The Danish, Hungarian, Italian, Lithuanian and Polish language versions of Annex I to Regulation (EC) No 1221/2009 should therefore be corrected accordingly. The other language versions are not affected.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 49 of Regulation (EC) No 1221/2009, delivered on 22 December 2016,





HAS ADOPTED THIS REGULATION:



Article 1

(Does not concern the English language.)



Article 2
This Regulation shall enter into force on the twentieth 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, 21 June 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 342, 22.12.2009, p. 1.

(2)  Commission Regulation (EU) 2017/1505 of 28 August 2017 amending Annexes I, II and III to Regulation (EC) No 1221/2009 of the European Parliament and of the Council on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 222, 29.8.2017, p. 1).