do-me/EUR-LEX huggingface dataset:
Case C-297/12: Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani
Date: 2012-06-18
Institutions: Court of Justice
Subjects: EU Member State, EU migration policy, Germany, interpretation of the law, penalty, removal








C_2012250EN.01001002.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/10





Reference for a preliminary ruling from the Amtsgerichts Laufen (Germany) lodged on 18 June 2012 — Strafverfahren v Gjoko Filev and Adnan Osmani
(Case C-297/12)
2012/C 250/19
Language of the case: German

Referring court

Amtsgerichts Laufen

Parties to the main proceedings

Gjoko Filev, Adnan Osmani

Other party: Staatsanwaltschaft Traunstein

Questions referred







1.


Is Article 11(2) of Directive 2008/115 (1) to be interpreted as prohibiting Member States from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to re-entry?










2.


Is Article 11(2) of Directive 2008/115 to be interpreted as prohibiting the Federal Republic of Germany from reinforcing expulsions or deportations under administrative law with criminal sanctions, if the expulsion/deportation occurred more than 5 years prior to the German transposition law of 22 November 2011 entering into force?










3.


Does national legislation which provides that expulsions/deportations in principle have unlimited effect, unless the concerned person lodges an application for a time-limit, comply with EU law for the purposes of Article 11(2) of Directive 2008/115? Does such a provision comply with recital 4 in the preamble to the directive in the sense of a well managed migration policy through clear, transparent and fair rules?










4.


Is the Directive 2008/115 to be interpreted as prohibiting Member States from providing that expulsions/deportations, which predated the period of non-transposition of the directive by 5 years or more, may subsequently be made the basis of a criminal law sanction again, if the expulsion/deportation was based on a conviction under criminal law?






(1)  Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals; OJ 2008 L 343, p. 98.
Case T-263/12: Action brought on 18 June 2012 — Manufacturing Support and Procurement Kala Naft v Council
Date: 2012-06-18
Institutions: General Court
Subjects: Iran, abuse of power, capital movement, common foreign and security policy, economic sanctions, international sanctions, nuclear non-proliferation, right to justice, rights of the defence








C_2012258EN.01002401.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/24





Action brought on 18 June 2012 — Manufacturing Support and Procurement Kala Naft v Council
(Case T-263/12)
2012/C 258/44
Language of the case: French

Parties


Applicant: Manufacturing Support and Procurement Kala Naft Co., Tehran (Tehran, Iran) (represented by: F. Esclatine and S. Perrotet, lawyers)

Defendant: Council of the European Union

Form of order sought







—


Annul Council Regulation (EU) No 267/2012 of 23 March 2012;










—


Order the Council to pay all the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on seven pleas in law, six of which are in essence similar to the first six pleas in law raised in Case T-509/10 Manufacturing Support and Procurement Kala Naft v Council. (1)

The applicant raises an additional plea in law alleging that the contested regulation is unlawful by reason of the unlawfulness of the preceding measures which were annulled by the judgment of the General Court in Case T-509/10 Manufacturing Support and Procurement Kala Naft v Council [2012] ECR II-0000.


(1)  OJ 2010 C 346, p. 57.
Commission Implementing Regulation (EU) No 517/2012 of 18 June 2012 on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2012-06-18
Institutions: European Commission
Subjects: egg, egg product, import (EU), import licence, tariff quota








L_2012158EN.01001301.xml










19.6.2012   


EN


Official Journal of the European Union


L 158/13








            COMMISSION IMPLEMENTING REGULATION (EU) No 517/2012
of 18 June 2012
         
on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of June 2012 for the subperiod from 1 July to 30 September 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 July to 30 September 2012 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 June 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2012.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2012-30.9.2012
(%)




E2


09.4401


32,202444
Case T-269/12: Action brought on 18 June 2012 — Makro autoservicio mayorista v Commission
Date: 2012-06-18
Institutions: General Court
Subjects: Türkiye, anti-dumping duty, customs union, import (EU)








C_2012243EN.01003001.xml










11.8.2012   


EN


Official Journal of the European Union


C 243/30





Action brought on 18 June 2012 — Makro autoservicio mayorista v Commission
(Case T-269/12)
2012/C 243/52
Language of the case: English

Parties


Applicant: Makro autoservicio mayorista, SA (Madrid, Spain) (represented by: P. De Baere and P. Muñiz, lawyers)

Defendant: European Commission

Form of order sought







—


Annul Commission Decision COM (2010) 22 final of 18 January 2010 finding that post-clearance entry in the accounts of import duties is justified and remission of those duties is not justified in a particular case (REM 2/08), notified to the applicant by a letter dated 19 April 2012; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging






—


that import duties were entered in the account contrary to Article 220(2)(b) CCC (1), since the defendant erroneously considered that anti-dumping regulations adopted against imports from third countries are automatically applicable to goods in free circulation in the EU-Turkey customs union, and as a result, the defendant erroneously failed to inform traders that the AD Regulation concerned was also applicable to goods in free circulation in the EU-Turkey customs union. Alternatively, the Turkish authorities committed an error when they confirmed that the anti-dumping duties imposed on goods from third countries were not applicable to goods in free circulation in the EU-Turkey customs union. Further, the applicant submits that the Spanish customs authorities also committed an error since they assumed that goods accompanied by an A.TR certificate could not be subject to any additional duties or trade protection measures, and failed to inform economic operator that their imports from Turkey could be subject to trade measures, even if such goods were in free circulation.














2.


Second plea in law, alleging






—


that the error committed by the competent customs authorities could not have been reasonably detected by the person liable for payment, having acted in good faith and complied with all the provisions laid down by legislation in force as regards the customs declaration.














3.


Third plea in law, alleging






—


that it finds itself in a special situation of Article 239 CCC, and that no deception or obvious negligence can be attributed to the applicant pursuant to Article 239 CCC.










(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, p. 1)
Commission Implementing Regulation (EU) No 516/2012 of 18 June 2012 on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2012-06-18
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2012158EN.01001101.xml










19.6.2012   


EN


Official Journal of the European Union


L 158/11








            COMMISSION IMPLEMENTING REGULATION (EU) No 516/2012
of 18 June 2012
         
on the issue of import licences for applications lodged during the first seven days of June 2012 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of June 2012 for the subperiod from 1 July to 30 September 2012 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2012 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 June 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2012.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2012-30.9.2012
(%)




P1


09.4067


2,249919 




P2


09.4068


83,471245 




P3


09.4069


0,421587
Case T-203/11: Order of the General Court of 18 June 2012 — Transports Schiocchet — Excursions v Council and Commission (Non-contractual liability — Coach and bus services between Member States — Regulation (EEC) No 684/92 — Sufficiently serious breach of a rule of law conferring rights on individuals — Lack — Action manifestly lacking any foundation in law)
Date: 2012-06-18
Institutions: General Court
Subjects: bus, carriage of passengers, indemnification, international road transport, transport company








C_2012227EN.01002101.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/21





Order of the General Court of 18 June 2012 — Transports Schiocchet — Excursions v Council and Commission
(Case T-203/11) (1)

(Non-contractual liability - Coach and bus services between Member States - Regulation (EEC) No 684/92 - Sufficiently serious breach of a rule of law conferring rights on individuals - Lack - Action manifestly lacking any foundation in law)
2012/C 227/34
Language of the case: French

Parties


Applicant: Transports Schiocchet — Excursions (Beuvillers, France) (represented by: É. Deshoulières, lawyer)

Defendants: Council of the European Union (represented by: E. Karlsson and E. Dumitriu-Segnana, Agents) and European Commission (represented by: G. Rozet and N. Yerrell, Agents)

Re:

Application for compensation for the damage purportedly suffered by the applicant by reason of the application of the system laid down in Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ 1992 L 74, p. 1).

Operative part of the order







1.


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










2.


Transports Schiocchet — Excursions shall bear its own costs.






(1)  OJ C 186, 25.6.2011.
Case T-159/09: Judgment of the General Court of 18 June 2012 — Biofrescos v Commission (Customs union — Frozen shrimps and prawns from Indonesia — Invalid certificates of origin — Post-clearance recovery of import duties — Application for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)
Date: 2012-06-18
Institutions: General Court
Subjects: CCT duties, Indonesia, certificate of origin, deep-frozen product, fishery product, import (EU)








C_2012227EN.01001701.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/17





Judgment of the General Court of 18 June 2012 — Biofrescos v Commission
(Case T-159/09) (1)

(Customs union - Frozen shrimps and prawns from Indonesia - Invalid certificates of origin - Post-clearance recovery of import duties - Application for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92)
2012/C 227/23
Language of the case: Portuguese

Parties


Applicant: Biofrescos — Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. de Magalhães Menezes, lawyer)

Defendant: European Commission (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for annulment of Commission Decision C(2009) 72 final of 16 January 2009 finding that there should be post-clearance recovery of import duties and that remission of those duties is not justified in a particular case

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Biofrescos — Comércio de Produtos Alimentares, Lda to pay the costs.






(1)  OJ C 153, 4.7.2009.
Case C-299/12: Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 18 June 2012 — GREEN — SWAN PHARMACEUTICALS CR, a.s. v Státní zemědělská a potravinářská inspekce
Date: 2012-06-18
Institutions: Court of Justice
Subjects: calcium, foodstuff, health care, health risk, interpretation of the law, labelling, vitamin








C_2012273EN.01000601.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/6





Reference for a preliminary ruling from the Nejvyšší správní soud (Czech Republic) lodged on 18 June 2012 — GREEN — SWAN PHARMACEUTICALS CR, a.s. v Státní zemědělská a potravinářská inspekce
(Case C-299/12)
2012/C 273/09
Language of the case: Czech

Referring court

Nejvyšší správní soud

Parties to the main proceedings


Applicant: GREEN — SWAN PHARMACEUTICALS CR, a. s.

Defendant: Státní zemědělská a potravinářská inspekce (The Czech Agricultural and Food Inspection Authority)

Questions referred







1.


Is the following health claim: ‘The preparation also contains calcium and Vitamin D3, which help to reduce a risk factor in the development of osteoporosis and fractures’, a reduction of disease risk claim within the meaning of Article 2(2)(6) of Regulation (EC) No 1924/2006 (1) of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 (2) of 9 February 2010, even though it is not expressly implied in this claim that the consumption of that preparation would significantly reduce a risk factor in the development of disease mentioned?










2.


Does the concept of a trade mark or brand name within the meaning of Article 28(2) of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, also include a commercial communication on the packaging of the product?










3.


Should the transitional provision in Article 28(2) of Regulation (EC) No 1924/2006 of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 116/2010 of 9 February 2010, be interpreted to refer to (any) foods which existed prior to 1 January 2005, or to refer to foods to which a trade mark or brand name was affixed and which existed in that form before that date?






(1)  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods; OJ 2006 L 404, p. 9.

(2)  Commission Regulation (EU) No 116/2010 of 9 February 2010 amending Regulation (EC) No 1924/2006 of the European Parliament and of the Council with regard to the list of nutrition claims (Text with EEA relevance); OJ 2010 L 37, p. 16.
Case C-39/12: Order of the President of the Court of 18 June 2012 — (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Vu Thang Dang, interested party: Generalbundesanwalt beim Bundesgerichtshof
Date: 2012-06-18
Institutions: Court of Justice
Subjects: EU visa policy, criminal law, delivery, illegal migration, interpretation of the law








C_2012303EN.01002107.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/21





Order of the President of the Court of 18 June 2012 — (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Criminal proceedings against Vu Thang Dang, interested party: Generalbundesanwalt beim Bundesgerichtshof
(Case C-39/12) (1)

2012/C 303/42
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 118, 21.4.2012.
Case C-298/12: Reference for a preliminary ruling from the Conseil d’État (France), lodged on 18 June 2012 — Confédération paysanne v Ministre de l’alimentation, de l’agriculture et de la pêche
Date: 2012-06-18
Institutions: Court of Justice
Subjects: agricultural production, environmental protection, farmer, interpretation of the law, reference price, revaluation








C_2012273EN.01000503.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/5





Reference for a preliminary ruling from the Conseil d’État (France), lodged on 18 June 2012 — Confédération paysanne v Ministre de l’alimentation, de l’agriculture et de la pêche
(Case C-298/12)
2012/C 273/08
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Confédération paysanne

Defendant: Ministre de l’alimentation, de l’agriculture et de la pêche

Questions referred







1.


Do paragraphs 1 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003, (1) regard being had to their wording, but also to their purpose, authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, for all or part of the reference period, on a comparison between the amounts of the direct payments received during the years affected by such commitments and those received during years which were not affected by such commitments?










2.


Do paragraphs 2 and 5 of Article 40 of Council Regulation (EC) No 1782/2003 of 29 September 2003 authorise Member States to base the right to revalorisation of the reference amount for farmers whose production has been seriously affected by reason of agri-environmental commitments to which they have been subject, during the entire reference period, on a comparison between the amount of direct payments received during the last year not affected by an agri-environmental commitment, including cases in which that year is eight years prior to the reference period, and the annual average amount of direct payments received during the reference period?






(1)  Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (OJ 2003 L 270, p. 1).
Case F-47/12: Action brought on 18 June 2012 — ZZ v EMA
Date: 2012-06-18
Institutions: Civil Service Tribunal
Subjects: disability insurance, indemnification








C_2012227EN.01003702.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/37





Action brought on 18 June 2012 — ZZ v EMA
(Case F-47/12)
2012/C 227/62
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Medicines Agency

Subject-matter and description of the proceedings

Annulment of the decision of the European Medicines Agency not to recognise the applicant’s permanent invalidity and not to award him an invalidity allowance.

Form of order sought







—


Annul the decision of the European Medicines Agency of 15 September 2011 not to award the applicant an invalidity allowance because of his total permanent invalidity preventing him from performing the duties corresponding to a post in his function group and his grade;










—


so far as necessary, annul the decision of 16 January 2012 rejecting his complaint;










—


order the European Medicines Agency to pay the costs.