do-me/EUR-LEX huggingface dataset:
Case C-139/22, mBank (Polish register of unlawful terms): Judgment of the Court (Ninth Chamber) of 21 September 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie — Poland) — AM, PM v mBank S.A. (Reference for a preliminary ruling — Directive 93/13/EC — Unfair terms in consumer contracts — Mortgage loan contract index-linked to a foreign currency — Criteria for assessment of whether a conversion clause is unfair — National register of standard business terms which are held to be unlawful — Duty to provide information)
Date: 2023-09-21
Institutions: Court of Justice
Subjects: consumer information, foreign currency, real estate credit, unfair terms of contract








C_202300628EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/628


13.11.2023





Judgment of the Court (Ninth Chamber) of 21 September 2023 (request for a preliminary ruling from the Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie — Poland) — AM, PM v mBank S.A.
(Case C-139/22, (1) mBank (Polish register of unlawful terms))
(Reference for a preliminary ruling - Directive 93/13/EC - Unfair terms in consumer contracts - Mortgage loan contract index-linked to a foreign currency - Criteria for assessment of whether a conversion clause is unfair - National register of standard business terms which are held to be unlawful - Duty to provide information)
(C/2023/628)
Language of the case: Polish

Referring court

Sąd Rejonowy dla Warszawy — Śródmieścia w Warszawie

Parties to the main proceedings


Applicants: AM, PM

Defendant: mBank S.A.

Intervening party: Rzecznik Finansowy

Operative part of the judgment







1.


Article 3(1), Article 7(1) and Article 8 of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as not precluding a contractual term which has not been individually negotiated from being regarded as unfair by the national authorities concerned merely by virtue of the fact that its content is equivalent to that of a standard contract term entered in the national register of standard business terms held to be unlawful.










2.


Article 3(1) of Directive 93/13 must be interpreted as meaning that a contractual term which, because of the circumstances for the performance of certain obligations of the consumer concerned provided for in that term, must be regarded as unfair, may not cease to be considered unfair on account of another term of that contract which provides for the possibility for that consumer to perform those obligations under different circumstances.










3.


Article 4(2) of Directive 93/13, read in conjunction with Article 2(b) thereof, must be interpreted as meaning that a seller or supplier is obliged to inform the consumer concerned of the essential characteristics of the contract concluded with that seller or supplier and the risks associated with that contract, even though that consumer is its employee and has relevant knowledge in the field of the contract.






(1)  
            OJ C 294, 1.8.2022.


ELI: http://data.europa.eu/eli/C/2023/628/oj
ISSN 1977-091X (electronic edition)
Special report 22/2023: ‘Offshore renewable energy in the EU – Ambitious plans for growth but sustainability remains a challenge’ 2023/C 332/05
Date: 2023-09-21
Institutions: European Court of Auditors
Subjects: EU energy policy, EU strategy, energy production, energy technology, littoral, marine energy, offshore wind energy production, renewable energy, self-sufficiency in energy, sustainable development








C_2023332EN.01000701.xml










21.9.2023   


EN


Official Journal of the European Union


C 332/7







Special report 22/2023:

            ‘Offshore renewable energy in the EU – Ambitious plans for growth but sustainability remains a challenge’
         
(2023/C 332/05)

The European Court of Auditors has published its special report 22/2023: ‘Offshore renewable energy in the EU – Ambitious plans for growth but sustainability remains a challenge’.
The report can be consulted directly or downloaded at the European Court of Auditors’ website: https://www.eca.europa.eu/en/publications/sr-2023-22
Prior notification of a concentration (Case M.11257 – ONE ROCK CAPITAL PARTNERS / CONSTANTIA) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 332/07
Date: 2023-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, merger control, packaging








C_2023332EN.01001001.xml










21.9.2023   


EN


Official Journal of the European Union


C 332/10







Prior notification of a concentration
(Case M.11257 – ONE ROCK CAPITAL PARTNERS / CONSTANTIA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 332/07)


1.   
On 11 September 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:






—


One Rock Capital Partners LLC (‘ORC’, United States),










—


Constantia Flexibles GmbH (‘Constantia’, Austria), solely controlled by funds managed by affiliates of Wendel SE.




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


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






—


ORC is a private equity firm focusing on control-stake equity investments in middle-market companies. ORC manages funds that invest in portfolio companies operating in various industries, including chemicals and process, specialty manufacturing and healthcare, food manufacturing and distributions, and business and environmental services.










—


Constantia is a global producer and supplier of flexible packaging solutions. Its product portfolio includes flexible packaging solutions for products such as food, dairy, pet food, household and personal care products, pharmaceutical and medical products, as well as beverages.






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.11257 – ONE ROCK CAPITAL PARTNERS / CONSTANTIA
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: mailto: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 T-579/23: Action brought on 21 September 2023 — ZP v EUIPO — AD
Date: 2023-09-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_202300539EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/539


6.11.2023





Action brought on 21 September 2023 — ZP v EUIPO — AD
(Case T-579/23)
(C/2023/539)
Language in which the application was lodged: English

Parties


Applicant: ZP (represented by: C. Morán Medina, lawyer)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: AD

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 figurative trade mark

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Pleas in law







—


Infringement of Article 18(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.






ELI: http://data.europa.eu/eli/C/2023/539/oj
ISSN 1977-091X (electronic edition)
Case C-164/22, Juan: Judgment of the Court (First Chamber) of 21 September 2023 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Execution of the European arrest warrant issued against Juan (Reference for a preliminary ruling — Judicial cooperation in criminal matters — Framework Decision 2002/584/JHA — European arrest warrant — Grounds for non-execution — Point 2 of Article 3 — Principle ne bis in idem — Concept of ‘same acts’ — Set of concrete circumstances which are inextricably linked together — Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims)
Date: 2023-09-21
Institutions: Court of Justice
Subjects: EU Member State, European arrest warrant, enforcement of ruling, fraud, imprisonment, rights of the defence








C_202300631EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/631


13.11.2023





Judgment of the Court (First Chamber) of 21 September 2023 (request for a preliminary ruling from the Audiencia Nacional — Spain) — Execution of the European arrest warrant issued against Juan
(Case C-164/22, (1) Juan)
(Reference for a preliminary ruling - Judicial cooperation in criminal matters - Framework Decision 2002/584/JHA - European arrest warrant - Grounds for non-execution - Point 2 of Article 3 - Principle ne bis in idem - Concept of ‘same acts’ - Set of concrete circumstances which are inextricably linked together - Fraudulent activities carried out by the requested person in two Member States, through two separate legal entities and to the detriment of different victims)
(C/2023/631)
Language of the case: Spanish

Referring court

Audiencia Nacional

Parties to the main proceedings


Appellant: Juan

Other party: Ministerio Fiscal

Operative part of the judgment

Point 2 of Article 3 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009,
must be interpreted as precluding the execution of a European arrest warrant issued by a Member State in a situation where the requested person has already been finally judged in another Member State and is serving a prison sentence there for the offence established in that judgment, provided that that person is being prosecuted in the issuing Member State in respect of the same acts, without it being necessary, in order to establish the existence of the ‘same acts’, to take account of the classification of the offences in question under the law of the executing Member State.


(1)  
            OJ C 213, 30.5.2022.


ELI: http://data.europa.eu/eli/C/2023/631/oj
ISSN 1977-091X (electronic edition)
Non-opposition to a notified concentration (Case M.11261 – ARDIAN / ATTERO) (Text with EEA relevance) 2023/C 340/01
Date: 2023-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy production, investment company, merger control, waste, waste management








C_2023340EN.01000101.xml










27.9.2023   


EN


Official Journal of the European Union


C 340/1







Non-opposition to a notified concentration
(Case M.11261 – ARDIAN / ATTERO)
(Text with EEA relevance)
(2023/C 340/01)

On 21 September 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 32023M11261. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.
Case C-510/22, Romaqua Group: Judgment of the Court (Ninth Chamber) of 21 September 2023 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Romaqua Group SA v Societatea Națională a Apelor Minerale SA and Agenția Națională pentru Resurse Minerale (Reference for a preliminary ruling — Articles 102 and 106 TFEU — Public undertakings — Freedom to conduct a business — Freedom of establishment — Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure — National legislation allowing for the unlimited extension of the concession)
Date: 2023-09-21
Institutions: Court of Justice
Subjects: dominant position, exploitation of resources, mineral water, public sector, right of establishment, tendering, trade licence








C_202300635EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/635


13.11.2023





Judgment of the Court (Ninth Chamber) of 21 September 2023 (request for a preliminary ruling from the Înalta Curte de Casaţie şi Justiţie — Romania) — Romaqua Group SA v Societatea Națională a Apelor Minerale SA and Agenția Națională pentru Resurse Minerale
(Case C-510/22, (1) Romaqua Group)
(Reference for a preliminary ruling - Articles 102 and 106 TFEU - Public undertakings - Freedom to conduct a business - Freedom of establishment - Undertaking that is wholly owned by a Member State and holds exclusive concessions for the exploitation of natural mineral water following an award without a competitive tendering procedure - National legislation allowing for the unlimited extension of the concession)
(C/2023/635)
Language of the case: Romanian

Referring court

Înalta Curte de Casaţie şi Justiţie

Parties to the main proceedings


Appellant: Romaqua Group SA

Respondents: Societatea Națională a Apelor Minerale SA and Agenția Națională pentru Resurse Minerale

Operative part of the judgment

Article 106(1) TFEU, read in conjunction with Article 102 TFEU, must be interpreted as precluding national legislation which grants the holder of an exclusive licence for the exploitation of mineral water springs the possibility of obtaining, without a competitive tendering procedure, an extension of its exploitation licence for successive five-year periods, where that legislation leads that licence holder, merely by exercising the preferential rights conferred upon it, to abuse its dominant position in a substantial part of the internal market or when those rights are liable to create a situation in which that licence holder is led to commit such abuses, which is for the referring court to assess on the basis of the matters of fact and law before it.


(1)  
            OJ C 424, 7.11.2022.


ELI: http://data.europa.eu/eli/C/2023/635/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.10988 – BROOKFIELD / CAMECO / WESTINGHOUSE) (Text with EEA relevance) 2023/C 332/08
Date: 2023-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, mining of ore, nuclear power station, nuclear technology, uranium








C_2023332EN.01001201.xml










21.9.2023   


EN


Official Journal of the European Union


C 332/12







Prior notification of a concentration
(Case M.10988 – BROOKFIELD / CAMECO / WESTINGHOUSE)
(Text with EEA relevance)
(2023/C 332/08)


1.   
On 11 September 2023, the Commission received notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Brookfield Corporation (‘Brookfield’, Canada),










—


Cameco Corporation (‘Cameco’, Canada),










—


Brookfield WEC Holdings, Inc and Brookfield EMEA Holdings Ltd (‘Westinghouse’, US).




Brookfield and Cameco will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Westinghouse.
The concentration is accomplished by way of purchase of shares.


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






—


Brookfield is a global asset manager which offers a range of public and private investment products and services,










—


Cameco is a global provider of uranium products and services and is primarily active in uranium mining and milling, refining and conversion of uranium concentrates, and the fabrication and supply of fuel assemblies and reactor components for use in CANDU heavy water nuclear reactors,










—


Westinghouse provides services to nuclear power plants, including the design of nuclear power plants, and the provision of safety and operational instrumentation and control systems to nuclear power plants, and supplies fuel assemblies to utilities that operate certain designs of light water nuclear reactors.






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.10988 – BROOKFIELD / CAMECO / WESTINGHOUSE
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: mailto: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’).
Euro exchange rates (Source: reference exchange rate published by the ECB.) 20 September 2023 2023/C 332/02
Date: 2023-09-21
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023332EN.01000201.xml










21.9.2023   


EN


Official Journal of the European Union


C 332/2







Euro exchange rates (1)


            20 September 2023
         
(2023/C 332/02)


1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0702 




JPY


Japanese yen


158,28 




DKK


Danish krone


7,4528 




GBP


Pound sterling


0,86530 




SEK


Swedish krona


11,8803 




CHF


Swiss franc


0,9601 




ISK


Iceland króna


145,30 




NOK


Norwegian krone


11,4820 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,388 




HUF


Hungarian forint


383,70 




PLN


Polish zloty


4,6403 




RON


Romanian leu


4,9716 




TRY


Turkish lira


28,9339 




AUD


Australian dollar


1,6498 




CAD


Canadian dollar


1,4366 




HKD


Hong Kong dollar


8,3719 




NZD


New Zealand dollar


1,7946 




SGD


Singapore dollar


1,4581 




KRW


South Korean won


1 420,39 




ZAR


South African rand


20,1592 




CNY


Chinese yuan renminbi


7,8059 




IDR


Indonesian rupiah


16 435,63 




MYR


Malaysian ringgit


5,0144 




PHP


Philippine peso


60,703 




RUB


Russian rouble


 




THB


Thai baht


38,591 




BRL


Brazilian real


5,1982 




MXN


Mexican peso


18,2287 




INR


Indian rupee


88,9123 






(1)  
            Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.11155 – INFOSYS / CERTAIN LIBERTY GLOBAL ASSETS) (Text with EEA relevance) 2023/C 344/11
Date: 2023-09-21
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, information technology applications, merger control, provision of services, telecommunications








C_2023344EN.01012201.xml










29.9.2023   


EN


Official Journal of the European Union


C 344/122







Non-opposition to a notified concentration
(Case M.11155 – INFOSYS / CERTAIN LIBERTY GLOBAL ASSETS)
(Text with EEA relevance)
(2023/C 344/11)

On 21 September 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 32023M11155. EUR-Lex is the online point of access to European Union law.






(1)  
            OJ L 24, 29.1.2004, p. 1.