do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.11428 – ZGC ENV / DEUTZ CHINA / JV)
Date: 2024-06-13
Institutions: Directorate-General for Competition, European Commission
Subjects: distributor, economic concentration, electric machinery, environmental protection, joint venture, maintenance, merger control, research and development, vehicle parts








C_202403880EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3880


19.6.2024






Non-opposition to a notified concentration
(Case M.11428 – ZGC ENV / DEUTZ CHINA / JV)
(Text with EEA relevance)
(C/2024/3880)

On 13 June 2024, 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 32024M11428. EUR-Lex is the online point of access to European Union law.






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


ELI: http://data.europa.eu/eli/C/2024/3880/oj
ISSN 1977-091X (electronic edition)
Case C-104/23, A GmbH & Co. KG: Judgment of the Court (Tenth Chamber) of 13 June 2024 (request for a preliminary ruling from the Bundesfinanzhof – Germany) – A GmbH & Co. KG v Hauptzollamt B (Reference for a preliminary ruling – Customs union – Common Customs Tariff – Classification of goods – Combined Nomenclature – Tariff heading 9406 00 – Prefabricated buildings – Scope of the concept of building – Calf hutches – Request for classification under subheading 9406 00 80 – Classified under subheading 39269097)
Date: 2024-06-13
Institutions: Court of Justice
Subjects: Combined Nomenclature, agricultural building, calf, common customs tariff, prefabrication, specification of tariff heading








C_202404564EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4564


29.7.2024






Judgment of the Court (Tenth Chamber) of 13 June 2024 (request for a preliminary ruling from the Bundesfinanzhof – Germany) – A GmbH & Co. KG v Hauptzollamt B


(Case C-104/23,
                (1)
A GmbH & Co. KG)

(Reference for a preliminary ruling - Customs union - Common Customs Tariff - Classification of goods - Combined Nomenclature - Tariff heading 9406 00 - Prefabricated buildings - Scope of the concept of ‘building’ - Calf hutches - Request for classification under subheading 9406 00 80 - Classified under subheading 3926 90 97 )
(C/2024/4564)
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: A GmbH & Co. KG

Defendant: Hauptzollamt B

Operative part of the judgment

Heading 9406 00 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014,
must be interpreted as meaning that the concept of ‘prefabricated building’ included therein does not cover a product made of plastic which is used to protect animals from the weather, known as a ‘calf hutch’, which has a roof and walls but which does not necessarily form a space that is fully enclosed on all sides and the dimensions of which are such that a person of average height cannot enter it in an upright position and carry out activities inside it whilst upright.


(1)  
            OJ C 189, 30.5.2023.


ELI: http://data.europa.eu/eli/C/2024/4564/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11519 – COGNE ACCIAI SPECIALI / MANNESMANN STAINLESS TUBES) – Candidate case for simplified procedure
Date: 2024-06-13
Institutions: Directorate-General for Competition, European Commission
Subjects: alloy, economic concentration, iron and steel industry, merger control, nickel, non-flat product, semi-manufactured goods








C_202403812EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3812


13.6.2024






Prior notification of a concentration
(Case M.11519 – COGNE ACCIAI SPECIALI / MANNESMANN STAINLESS TUBES)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/3812)


1.   
On 5 June 2024, 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:






—


Cogne Acciai Speciali S.p.A. (‘Cogne Acciai Speciali’, Italy), controlled by Walsin Lihwa Corporation (Taiwan),










—


Mannesmann Stainless Tubes GmbH (‘Mannesmann Stainless Tubes’, Germany), controlled by Salzgitter AG (Germany).




Cogne Acciai Speciali will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Mannesmann Stainless Tubes.
The concentration is accomplished by way of purchase of shares.


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






—


Cogne Acciai Speciali is a producer of long stainless steel products (such as wire rod and bars), as well as semi-finished products in stainless steel and nickel alloys (such as blooms and billets),










—


Mannesmann Stainless Tubes is a producer of stainless steel and nickel alloys tubes and, to a limited extent, carbon steel tubes.






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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11519 – COGNE ACCIAI SPECIALI / MANNESMANN STAINLESS TUBES
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2024/3812/oj
ISSN 1977-091X (electronic edition)
Case C-413/24, Vlaams Gewest: Request for a preliminary ruling from the Ondernemingsrechtbank Gent, afdeling Oostende (Belgium), lodged on 13 June 2024 – Vlaams Gewest v P&O North Sea Ferries Limited, P&O Ferries Limited
Date: 2024-06-13
Institutions: Court of Justice
Subjects: Flanders (Belgium), United Kingdom, charges for use of infrastructure, cooperation agreement (EU), freedom to provide services, ports policy, trade agreement (EU), vessel, withdrawal from the EU








C_202405307EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5307


9.9.2024






Request for a preliminary ruling from the Ondernemingsrechtbank Gent, afdeling Oostende (Belgium), lodged on 13 June 2024 – Vlaams Gewest v P&O North Sea Ferries Limited, P&O Ferries Limited


(Case C-413/24, Vlaams Gewest)

(C/2024/5307)
Language of the case: Dutch

Referring court

Ondernemingsrechtbank Gent, afdeling Oostende

Parties to the main proceedings


Applicant: Vlaams Gewest

Defendants: P&O North Sea Ferries Limited, P&O Ferries Limited

Intervener: P&O North Sea Ferries Limited

Questions referred







1.


Does a vessel traffic services (VTS) regime, with the associated fixed tariff based on the length of the vessel, that applies to maritime traffic to a Flemish port from a port in another Member State, but which does not apply to traffic between Flemish ports because such traffic is exempt from the tariff, constitute an obstacle to the freedom to provide services pursuant to Regulation (EEC) No 4055/86 (1) of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries, in conjunction with Article 56 TFEU?










2.


Does the application of a uniform VTS tariff based solely on the length of the vessel for access to ports that are substantially different have the effect of rendering the VTS tariff contrary to the freedom to provide services in Article 56 TFEU and Regulation (EEC) No 4055/86 …, because other important factors specific to the route of navigation to the port, such as the distance travelled by the vessel in the VTS area, the distance between the open sea and the port, and the complexity and particular characteristics of the port are not taken into account?










3.


Should Article 191 of the Trade and Cooperation Agreement (2) of 30 December 2020 between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, be interpreted as meaning that, even after the withdrawal, service providers established in the United Kingdom of Great Britain and Northern Ireland can invoke EU law, and questions 1 and 2 should be answered in the same way both before and after the withdrawal of the United Kingdom of Great Britain and Northern Ireland?






(1)  Council Regulation (EEC) No 4055/86 of 22 December 1986 (OJ 1986 L 378, p. 1).

(2)  
            OJ 2020 L 444, p. 14.


ELI: http://data.europa.eu/eli/C/2024/5307/oj
ISSN 1977-091X (electronic edition)
Case C-683/23, Encarna: Order of the President of the Court of 13 June 2024 (request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona – Spain) – Encarna v Elías
Date: 2024-06-13
Institutions: Court of Justice
Subjects: alternative dispute resolution, custody, data protection, data-processing law, domestic violence, legal expenses, parental responsibility, personal data, protection of privacy, right to an effective remedy








C_202405414EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5414


16.9.2024






Order of the President of the Court of 13 June 2024 (request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona – Spain) – Encarna v Elías


(Case C-683/23, Encarna)
                (1)

(C/2024/5414)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C, C/2024/1836.


ELI: http://data.europa.eu/eli/C/2024/5414/oj
ISSN 1977-091X (electronic edition)
Council Decision of 13 June 2024 replacing a member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for Latvia
Date: 2024-06-13
Institutions: Council of the European Union
Subjects: Cedefop, Latvia, appointment of members, decision-making body (EU)








C_202403866EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3866


24.6.2024







            COUNCIL DECISION
         
of 13 June 2024
         
replacing a member of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) for Latvia
(C/2024/3866)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Regulation (EU) 2019/128 of the European Parliament and of the Council of 16 January 2019 establishing a European Centre for the Development of Vocational Training (Cedefop) and repealing Council Regulation (EEC) No 337/75 (1), and in particular Article 4 thereof,

Whereas:







(1)


By Decision of 28 March 2023 (2), the Council appointed members and alternate members of the Management Board of the European Centre for the Development of Vocational Training for the period from 1 April 2023 to 31 March 2027.












(2)


A seat as member in the representatives of employers’ organisations category has fallen vacant as a result of the resignation of Ms Ilona KIUKUCĀNE.












(3)


The employers’ organisation BusinessEurope has designated a candidate for the vacant seat,





HAS ADOPTED THIS DECISION:



Article 1
Ms Liene VOROŅENKO is appointed member of the Management Board of the European Centre for the Development of Vocational Training in place of Ms Ilona KIUKUCĀNE for the remainder of the current term of office, ending on 31 March 2027.


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




Done at Luxembourg, 13 June 2024.


For the Council


The President

N. DE MOOR
            





(1)  
            OJ L 30, 31.1.2019, p. 90.

(2)  Council Decision of 28 March 2023 appointing members and alternate members of the Management Board of the European Centre for the Development of Vocational Training (Cedefop) (OJ C 116, 31.3.2023, p. 15).


ELI: http://data.europa.eu/eli/C/2024/3866/oj
ISSN 1977-091X (electronic edition)
Case C-428/24, FZ AR: Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 13 June 2024 – FZ AR SpA v Ministero dell’Economia e delle Finanze and Others
Date: 2024-06-13
Institutions: Court of Justice
Subjects: EU restrictive measure, Russia, Russo-Ukrainian issue, Ukraine, economic sanctions, freezing of assets, international sanctions, legal person, trust company








C_202405219EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5219


2.9.2024






Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 13 June 2024 – FZ AR SpA v Ministero dell’Economia e delle Finanze and Others


(Case C-428/24, FZ AR)

(C/2024/5219)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: FZ AR SpA

Defendants: Ministero dell’Economia e delle Finanze, Dipartimento del Tesoro, Comitato di Sicurezza Finanziaria; Comando Generale della Guardia di Finanza, Nucleo Speciale di Polizia Valutaria; Agenzia del Demanio

Questions referred







1.


Does Article 2(1) of Regulation (EU) No 269/2014 (1) preclude an interpretation according to which – in the case of assets or resources held in a discretionary trust (the beneficiary of which is listed in Annex I to that regulation) – those assets and/or resources are nevertheless to be regarded as ‘belonging’ to the beneficiary of the trust, even if the national law applicable to the trust (or a contractual safeguard clause contained in the trust deed) expressly prohibits the beneficiary from performing any act of enjoyment or disposal of the trust assets or resources for as long as the beneficiary is listed in Annex I to Regulation (EU) No 269/2014, or in any event for as long as the use or disposal of such assets or resources would constitute an infringement of [EU] law?










2.


If the answer to the first question is in the affirmative, does Article 2(1) of Regulation (EU) No 269/2014 preclude an interpretation according to which – in the case of assets or resources held in a discretionary trust (the beneficiary of which is listed in Annex I to the above-mentioned EU regulation) – those assets and/or resources are nevertheless to be regarded as subject to the ‘control’ of the beneficiary of the trust, even if the national law applicable to the trust (or a contractual safeguard clause contained in the trust deed) expressly prohibits the beneficiary from performing any act of enjoyment or disposal of the trust assets or resources for as long as the beneficiary is listed in Annex I to Regulation (EU) No 269/2014, or in any event for as long as the use or disposal of such assets or resources would constitute an infringement of [EU] law?






(1)  Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ 2014 L 78, p. 6).


ELI: http://data.europa.eu/eli/C/2024/5219/oj
ISSN 1977-091X (electronic edition)
Council Decision of 13 June 2024 replacing a member of the Advisory Committee on freedom of movement for workers for Sweden
Date: 2024-06-13
Institutions: Council of the European Union
Subjects: Sweden, advisory committee (EU), appointment of members, free movement of workers








C_202403966EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3966


19.6.2024







            COUNCIL DECISION
         
of 13 June 2024
         
replacing a member of the Advisory Committee on freedom of movement for workers for Sweden
(C/2024/3966)


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (1), and in particular Articles 23 and 24 thereof,

Whereas:







(1)


By Decision of 20 September 2022 (2), the Council appointed members and alternate members of the Advisory Committee on freedom of movement for workers for the period from 25 September 2022 to 24 September 2024.












(2)


A seat as member in the government representatives category has fallen vacant as a result of the resignation of Ms Anna ERIKSSON.












(3)


The Government of Sweden has designated a candidate for the vacant seat,





HAS ADOPTED THIS DECISION:



Article 1
Ms Anna JARL is appointed member of the Advisory Committee on freedom of movement for workers in place of Ms Anna ERIKSSON for the remainder of the current term of office, ending on 24 September 2024.


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




Done at Luxembourg, 13 June 2024.


For the Council


The President

N. DE MOOR
            





(1)  
            OJ L 141, 27.5.2011, p. 1.

(2)  Council Decision of 20 September 2022 appointing the members and alternate members of the Advisory Committee on Freedom of Movement for Workers (OJ C 393, 13.10.2022, p. 5).


ELI: http://data.europa.eu/eli/C/2024/3966/oj
ISSN 1977-091X (electronic edition)
Case C-414/24, Datenschutzbehörde: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 13 June 2024 – Datenschutzbehörde and Dr. G S
Date: 2024-06-13
Institutions: Court of Justice
Subjects: appeal, appeal to an administrative authority, data protection, data-processing law, personal data, right to an effective remedy, supervisory body








C_202405308EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/5308


9.9.2024






Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 13 June 2024 – Datenschutzbehörde and Dr. G S


(Case C-414/24, Datenschutzbehörde)

(C/2024/5308)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Appellants on a point of law: Datenschutzbehörde, Dr. G S

Other party: Federal Minister of Justice

Intervener: D GmbH

Questions referred

Are Articles 77 and 79 of Regulation (EU) 2016/679 (1) 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation – ‘the GDPR’) to be interpreted, in the light of the findings of the Court in the judgments of 12 January 2023, Nemzeti Adatvédelmi és Információszabadság Hatóság, C-132/21, (2) and of 7 December 2023, SCHUFA Holding (Discharge from remaining debts), C-26/22 and C-64/22, (3) as meaning






1.


that the possibility provided by national law for the rejection of a complaint lodged with a supervisory authority under Article 77 of the GDPR on the ground that a judicial remedy has already been sought in the same case under Article 79 of the GDPR and that the action is pending before a court constitutes a permissible arrangement for regulating the relationship between those remedies within the meaning of the above-mentioned case-law of the Court and, if the answer to the first question is in the negative,










2.


that the possibility provided by national law for the rejection of a complaint lodged with a supervisory authority under Article 77 of the GDPR on the ground that a substantive judgment (even if not yet final) has already been made in the pending proceedings in the same case on the judicial remedy under Article 79 of the GDPR constitutes a permissible arrangement for regulating the relationship between those remedies within the meaning of the above-mentioned case-law of the Court?






(1)  Regulation (EU) 2016/679 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 and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ 2016 L 119, p. 1).

(2)  EU:C:2023:2.

(3)  EU:C:2023:958.


ELI: http://data.europa.eu/eli/C/2024/5308/oj
ISSN 1977-091X (electronic edition)
Case T-199/23: Order of the General Court of 13 June 2024 – Hansol Paper v Commission (Dumping – Imports of certain lightweight thermal paper originating in South Korea – Definitive anti-dumping duty – Calculation of the dumping margin – Weighting of sales affecting the dumping calculation – Calculation of the normal value – Hierarchy between the calculation methods – Action manifestly lacking any foundation in law)
Date: 2024-06-13
Institutions: General Court
Subjects: South Korea, anti-dumping duty, import (EU), originating product, paper








C_202404593EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4593


29.7.2024






Order of the General Court of 13 June 2024 – Hansol Paper v Commission


(Case T-199/23)
                (1)

(Dumping - Imports of certain lightweight thermal paper originating in South Korea - Definitive anti-dumping duty - Calculation of the dumping margin - Weighting of sales affecting the dumping calculation - Calculation of the normal value - Hierarchy between the calculation methods - Action manifestly lacking any foundation in law)
(C/2024/4593)
Language of the case: French

Parties


Applicant: Hansol Paper Co. Ltd (Seoul, South Korea) (represented by: J.-F. Bellis and B. Servais, lawyers)

Defendant: European Commission (represented by: L. Di Masi, G. Luengo and J. Zieliński, acting as Agents)

Intervener in support of the defendant: European Thermal Paper Association (ETPA) (Zurich, Switzerland) (represented by: H. Hobbelen and B. Vleeshouwers, lawyers)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Implementing Regulation (EU) 2023/593 of 16 March 2023 re-imposing a definitive anti-dumping duty on imports of certain lightweight thermal paper originating in the Republic of Korea as regards the Hansol Group and amending the residual duty (OJ 2023 L 79, p. 54), in so far as it concerns the applicant.

Operative part of the order







1.


The action is dismissed as manifestly lacking any foundation in law.










2.


Hansol Paper Co. Ltd shall pay the costs.






(1)  
            OJ C 223, 26.6.2023.


ELI: http://data.europa.eu/eli/C/2024/4593/oj
ISSN 1977-091X (electronic edition)