do-me/EUR-LEX huggingface dataset:
Council Decision 2011/298/CFSP of 23 May 2011 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
Date: 2011-05-23
Institutions: Council of the European Union
Subjects: Afghanistan, peacekeeping, police cooperation, the EU's international role




L_2011136EN.01006401.xml










24.5.2011   


EN


Official Journal of the European Union


L 136/64








            COUNCIL DECISION 2011/298/CFSP
of 23 May 2011
         
amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28 and Article 43(2) thereof,

Whereas:







(1)


On 30 May 2007 the Council adopted Joint Action 2007/369/CFSP (1) establishing the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN).












(2)


On 18 May 2010 the Council adopted Decision 2010/279/CFSP (2) which extended EUPOL AFGHANISTAN until 31 May 2013.












(3)


The financial reference amount provided for in Decision 2010/279/CFSP and intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 May 2011 should cover the period until 31 July 2011.












(4)


Decision 2010/279/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 13 of Decision 2010/279/CFSP, paragraph 1 is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 July 2011 shall be EUR 54 600 000.’.



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




Done at Brussels, 23 May 2011.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 139, 31.5.2007, p. 33.

(2)  
            OJ L 123, 19.5.2010, p. 4.
Council Implementing Decision 2011/300/CFSP of 23 May 2011 implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
Date: 2011-05-23
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, human rights, international sanctions, military equipment, natural person, restriction of liberty, technical cooperation, technology transfer




L_2011136EN.01008501.xml










24.5.2011   


EN


Official Journal of the European Union


L 136/85








            COUNCIL IMPLEMENTING DECISION 2011/300/CFSP
of 23 May 2011
         
implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 8(2) thereof,

Whereas:







(1)


On 28 February 2011, the Council adopted Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya.












(2)


In view of the gravity of the situation in Libya, an additional person and an additional entity should be included in the lists of persons and entities subject to restrictive measures set out in Annexes II and IV to Decision 2011/137/CFSP,





HAS ADOPTED THIS DECISION:



Article 1

1.   The person listed in Annex I to this Decision shall be added to the lists set out in Annexes II and IV to Decision 2011/137/CFSP.


2.   The entity listed in Annex II to this Decision shall be added to the list set out in Annex IV to Decision 2011/137/CFSP.



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




Done at Brussels, 23 May 2011.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 58, 3.3.2011, p. 53.




ANNEX I

PERSON REFERRED TO IN ARTICLE 1(1)










 


Name


Identifying information


Reasons


Date of listing




1.


Colonel Taher Juwadi


Fourth in Revolutionary Guard chain of command


Key Member of the Qadhafi regime.


23.05.2011









ANNEX II

ENTITY REFERRED TO IN ARTICLE 1(2)










 


Name


Identifying information


Reasons


Date of listing




1.


Afriqiyah Airways







Afriqiyah Airways




1st Floor




Waha Building




273, Omar Almokhtar Street




P.O.Box 83428




Tripoli, Libya




email address: afriqiyah@afriqiyah.aero






Libyan subsidiary of/owned by the Libyan African Investment Portfolio, an entity owned and controlled by the regime and designated by the EU regulation.


23.05.2011
Case T-269/11: Action brought on 23 May 2011 — Xeda International/Commission
Date: 2011-05-23
Institutions: General Court
Subjects: EU Member State, market approval, plant health product








C_2011211EN.01003102.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/31





Action brought on 23 May 2011 — Xeda International/Commission
(Case T-269/11)
2011/C 211/66
Language of the case: English

Parties


Applicant: Xeda International SA (Saint Andiol, France) (represented by: C. Mereu and K. Van Maldegem, lawyers)

Defendant: European Commission

Form of order sought







—


Declare the Application admissible and well-founded.










—


Annul the Contested Decision.










—


Order the Defendant to pay the costs and expenses of these proceedings.





Pleas in law and main arguments

The Applicant seeks the annulment of Commission Decision 2011/143/EU of 3 March 2011 concerning the non-inclusion of ethoxyquin in Annex I to Council Directive 91/414/EEC and amending Commission Decision 2008/941/EC (OJ L 59, p. 71).
As a result of the contested Decision, the entry for ethoxyquin in Decision 2008/941/EC has been deleted and ethoxyquin shall not be included as an active substance in Annex I to Directive 91/414/EEC. As a result, the applicant will no longer be allowed to produce and sell ethoxyquin and ethoxyquin-based products in the European Union and will lose its product registrations in the Member States as of 3 September 2011.
In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging a manifest error of assessment. According to the applicant, the contested Decision effectively bans the use of ethoxyquin in plant protection products on the basis of a scientific concern and alleged data gaps mentioned in recital 6 thereof, each of which was either adequately addressed by the applicant or was not a concern justifying non-inclusion.










2.


Second plea in law, alleging an infringement of the applicant’s right of defence and essential procedural requirements. According to the applicant the contested Decision infringes the applicant’s right of defence and its right to a fair hearing by failing to give the applicant sufficient opportunity and time to address concerns raised late in the procedure, and failing to carefully consider its comments in relation to alleged data gaps.










3.


Third plea in law, alleging breaches of fundamental principles of EU law.






—


The applicant submits that the contested Decision was adopted in breach of the principle of legal certainty and the applicant’s legitimate expectations arising out of the resubmission procedure under Commission Regulation (EC) No 33/2008 of 17 January 2008.










—


The applicant also submits that the contested Decision is disproportionate given the choice of measures available to the Commission and the disadvantages caused in relation to the aims pursued.
Case C-245/11: Reference for a preliminary ruling from the Asylgerichtshof (Austria) lodged on 23 May 2011 — K
Date: 2011-05-23
Institutions: Court of Justice
Subjects: cruel and degrading treatment, family, right of asylum








C_2011269EN.01002102.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/21





Reference for a preliminary ruling from the Asylgerichtshof (Austria) lodged on 23 May 2011 — K
(Case C-245/11)
2011/C 269/40
Language of the case: German

Referring court

Asylgerichtshof

Parties to the main proceedings


Applicant: K

Defendant: Bundesasylamt

Questions referred







1.


Must Article 15 of Regulation No 343/2003 (1) be interpreted as meaning that a Member State prima facie not responsible for examining the asylum claim of a person in accordance with the rules of Articles 6 to 14 of that regulation becomes automatically responsible if in that country the asylum-seeker has a daughter-in-law who is seriously ill and, on account of cultural factors, at risk or has grandchildren below the age of majority who, as a result of the daughter-in-law’s illness, are in need of care and the asylum-seeker is both willing and able to support her daughter-in-law and grandchildren? Does the same apply even if the Member State prima facie responsible has not made a request in accordance with the second sentence of Article 15(1) of Regulation No 343/2003?










2.


Must Article 3(2) of Regulation No 343/2003 be interpreted as meaning that in the circumstances mentioned in Question 1 the Member State prima facie not responsible becomes automatically responsible if the responsibility otherwise provided for by Regulation No 343/2003 will result in an infringement of Article 3 or Article 8 of the European Convention on Human Rights (ECHR) (Article 4 or Article 7 of the Charter of Fundamental Rights of the European Union)? In that case, in the accessory interpretation and application of Article 3 or Article 8 of the ECHR (Article 4 or Article 7 of the Charter), may more extensive notions of ‘inhuman treatment’ or ‘family’, at variance with the interpretation developed by the European Court of Human Rights, be applied?






(1)  Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (OJ 2003 L 50, p. 1).
Case T-493/09 P: Order of the General Court of 23 May 2011 — Y v Commission (Appeal — Staff case — Contract agents — Dismissal — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2011-05-23
Institutions: General Court
Subjects: Civil Service Tribunal, action for annulment (EU), severance pay








C_2011211EN.01002402.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/24





Order of the General Court of 23 May 2011 — Y v Commission
(Case T-493/09 P) (1)

(Appeal - Staff case - Contract agents - Dismissal - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2011/C 211/53
Language of the case: French

Parties


Appellant: Y (Brussels, Belgium) (represented by J. Van Rossum, lawyer)

Other party to the proceedings: European Commission (represented originally by J.-P. Keppenne and L. Lozano Palacios, and then by J.-P. Keppenne and D. Martin, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 7 October 2009 in Case F-29/08 Y v Commission, not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Y is ordered to bear his own costs and to pay those incurred by the European Commission in these proceedings.






(1)  OJ C 221, 14.8.2010.
Case C-251/11: Reference for a preliminary ruling from the Tribunal administratif de Rennes (France) lodged on 23 May 2011 — Martial Huet v Université de Bretagne occidentale
Date: 2011-05-23
Institutions: Court of Justice
Subjects: France, civil servant, work contract








C_2011238EN.01000403.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/4





Reference for a preliminary ruling from the Tribunal administratif de Rennes (France) lodged on 23 May 2011 — Martial Huet v Université de Bretagne occidentale
(Case C-251/11)
2011/C 238/07
Language of the case: French

Referring court

Tribunal administratif de Rennes

Parties to the main proceedings


Applicant: Martial Huet

Defendant: Université de Bretagne occidentale

Question referred

In circumstances where the State decides to renew the appointment of a staff member previously appointed for a period of six years under a fixed-term contract, does the obligation to use a contract of indefinite duration pursuant to Article 13 of the Law of 26 July 2005 necessarily mean, in light of the objectives of Directive 1999/70 of 28 June 1999, (1) that the new contract must reproduce in identical terms the principal clauses of the previous contract, in particular, those clauses concerning the job title and remuneration?


(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
Council Implementing Regulation (EU) No 502/2011 of 23 May 2011 implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2011-05-23
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, human rights, international dispute, international sanctions, legal person, natural person, technical cooperation








L_2011136EN.01002401.xml










24.5.2011   


EN


Official Journal of the European Union


L 136/24








            COUNCIL IMPLEMENTING REGULATION (EU) No 502/2011
of 23 May 2011
         
implementing Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (1), and in particular Article 16(2) thereof,

Whereas:







(1)


On 2 March 2011, the Council adopted Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.












(2)


In view of the gravity of the situation in Libya and in accordance with Council Implementing Decision 2011/300/CFSP of 23 May 2011 implementing Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya (2), an additional person and an additional entity should be included in the list of persons and entities subject to restrictive measures set out in Annex III to Regulation (EU) No 204/2011,





HAS ADOPTED THIS REGULATION:



Article 1
The person and the entity listed in the Annex to this Regulation shall be added to the list set out in Annex III to Regulation (EU) No 204/2011.


Article 2
This Regulation shall enter into force on the day 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, 23 May 2011.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 58, 3.3.2011, p. 1.

(2)  See page 85 of this Official Journal.




ANNEX

PERSON AND ENTITY REFERRED TO IN ARTICLE 1


Persons










 


Name


Identifying information


Reasons


Date of listing




1.


Colonel Taher Juwadi


Fourth in Revolutionary Guard chain of command


Key Member of the Qadhafi regime.


23.05.2011








Entities










 


Name


Identifying information


Reasons


Date of listing




1.


Afriqiyah Airways







Afriqiyah Airways




1st Floor




Waha Building




273, Omar Almokhtar Street




P.O.Box 83428




Tripoli, Libya




email address: afriqiyah@afriqiyah.aero






Libyan subsidiary of/owned by the Libyan African Investment Portfolio, an entity owned and controlled by the regime and designated by the EU regulation.


23.05.2011
Case F-58/11: Action brought on 23 May 2011 — ZZ v European Investment Bank
Date: 2011-05-23
Institutions: Civil Service Tribunal
Subjects: indemnification, social-security benefit, social-security contribution








C_2011211EN.01003401.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/34





Action brought on 23 May 2011 — ZZ v European Investment Bank
(Case F-58/11)
2011/C 211/69
Language of the case: French

Parties


Applicant(s): ZZ (represented by: B. Cortese, C. Cortese and F. Spitaleri, lawyers)

Defendant: European Investment Bank

Subject-matter and description of the proceedings

Annulment of the decisions of the EIB to increase the contributions of the applicants to the pensions system, and reparation of the non-material harm suffered by the applicants.

Form of order sought







—


Annul the decisions of the European Investment Bank as set out in the applicants’ salary slips for February 2011, which increase the applicants’ contribution to the pensions system, by increasing the basis for calculation (the salary subject to deduction) of that contribution, on the one hand, and of the calculation coefficient, expressed as a percentage of that salary subject to deduction, on the other.










—


Order the Bank to pay a symbolic sum of EUR 1, by way of compensation for the non-material harm suffered by the applicants;










—


Order the European Investment Bank to pay the costs.
Case T-283/11: Action brought on 23 May 2011 — Fon Wireless v OHIM — nfon (nfon)
Date: 2011-05-23
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications equipment, trade-mark law








C_2012032EN.01002602.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/26





Action brought on 23 May 2011 — Fon Wireless v OHIM — nfon (nfon)
(Case T-283/11)
2012/C 32/54
Language in which the application was lodged: Spanish

Parties


Applicant: Fon Wireless Ltd (London, United Kingdom) (represented by: F. Brandolini Kujman, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: nfon AG (Munich, Germany)

Form of order sought

The applicant claims that the Court should:






—


declare the action admissible, together with all of the relevant documents and copies;










—


declare the proposed evidence admissible;










—


accept that evidence, and annul and declare inapplicable the decision of the Fourth Board of Appeal of OHIM of 18 March 2011 in Case R 1017/2009-4 and, consequently, refuse the registration of Community trade mark No 6.206.321 ‘nfon’;










—


order the defendant to pay the costs.





Pleas in law and main arguments

Applicant for a Community trade mark: nfon AG.

Community trade mark concerned: word mark ‘nfon’ for goods and services in Classes 9, 35 and 38.

Proprietor of the mark or sign cited in the opposition proceedings: the applicant.

Mark or sign cited in opposition: Community and national figurative and word mark ‘fon’ for goods and services in Classes 9, 38 and 42.

Decision of the Opposition Division: opposition upheld.

Decision of the Board of Appeal: appeal upheld.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since the opposing marks are similar; and infringement of Article 8(5) of Regulation (EC) No 207/2009, since nfon AG claims to be taking advantage of the reputation acquired by the earlier marks.