do-me/EUR-LEX huggingface dataset:
Case C-25/12 P: Order of the Court of 4 July 2012 — Gino Trevisanato v European Commission (Appeal — Article 119 of the Rules of Procedure — Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive — Manifest inadmissibility)
Date: 2012-07-04
Institutions: Court of Justice
Subjects: approximation of laws, collective dismissal, interpretation of the law, national implementing measure








C_2012303EN.01000702.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/7





Order of the Court of 4 July 2012 — Gino Trevisanato v European Commission
(Case C-25/12 P) (1)

(Appeal - Article 119 of the Rules of Procedure - Application seeking an order that the Commission take a position concerning the interpretation and the transposition of a directive - Manifest inadmissibility)
2012/C 303/14
Language of the case: Italian

Parties


Appellant: Gino Trevisanato (represented by L. Sulfaro, lawyer)

Other party to the proceedings: Commission

Re:

Appeal against the Order of the General Court (Seventh Chamber) of 13 December 2011 in Case T-510/11 Trevisanato v Commission, in which the General Court dismissed an action seeking an order that the Commission take a position on the complaint lodged by the applicant — Failure by the Commission to adopt a binding opinion on the scope of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies — (OJ 1998 L 225, p. 16) — Manifest lack of jurisdiction of the General Court — Conditions for application of Article 111 of the Rules and Procedures of the General Court

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Trevisanato is ordered to bear his own costs.






(1)  OJ C 65, 3.3.2012.
EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials *** European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16827/2011 – C7-0520/2011 – 2011/0332(NLE))
Date: 2012-07-04
Institutions: Committee on International Trade, European Parliament
Subjects: Russia, export tax, ratification of an agreement, raw material, trade agreement (EU)








CE2013349EN.01055101.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/551





Wednesday 4 July 2012EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials ***
P7_TA(2012)0286
European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16827/2011 – C7-0520/2011 – 2011/0332(NLE))
2013/C 349 E/31
(Consent)

The European Parliament,






—


having regard to the draft Council decision (16827/2011),










—


having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16828/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0520/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0178/2012),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.
Case C-73/12: Order of the Court (Fifth Chamber) of 4 July 2012 (reference for a preliminary ruling from the Giudice di Pace di Revere — Italy) — Criminal proceedings against Ahmed Ettaghi (Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility)
Date: 2012-07-04
Institutions: Court of Justice
Subjects: criminal procedure, fine, illegal migration, interpretation of the law, national implementing measure, removal, restriction of liberty, return migration








C_2012303EN.01000801.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/8





Order of the Court (Fifth Chamber) of 4 July 2012 (reference for a preliminary ruling from the Giudice di Pace di Revere — Italy) — Criminal proceedings against Ahmed Ettaghi
(Case C-73/12) (1)

(Reference for a preliminary ruling - No description of the dispute in the main proceedings - Manifest inadmissibility)
2012/C 303/15
Language of the case: Italian

Referring court

Giudice di Pace di Revere

Criminal proceedings against

Ahmed Ettaghi

Re:

Reference for a preliminary ruling — Giudice di Pace di Revere — Interpretation of Articles 2, 4, 6, 7, 8, 15 and 16 of 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 348, p. 98) and of Article 4(3) TEU — National legislation imposing a fine on a third-country national who has entered or stayed in the country illegally — Admissibility of the criminal offence of illegal stay — Possibility of substituting the fine with an order for expulsion with immediate effect for a period of at least five years or with a home detention (‘permanenza domiciliare’) sentence — Obligations of the Member States during the period prescribed for the transposition of a directive

Operative part of the order

The reference for a preliminary ruling from the Giudice di Pace di Revere (Italy), by decision of 26 January 2012, is clearly inadmissible.


(1)  OJ C 118, 21.4.2012.
Prior notification of a concentration (Case COMP/M.6622 — Banco Santander/Kredyt Bank/Zagiel) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-07-04
Institutions: European Commission
Subjects: bank, economic concentration, merger control








C_2012196EN.01001801.xml










4.7.2012   


EN


Official Journal of the European Union


C 196/18





Prior notification of a concentration
(Case COMP/M.6622 — Banco Santander/Kredyt Bank/Zagiel)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 196/11






1.


On 21 June 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Banco Santander (‘Banco Santander’, Spain) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Kredyt Bank SA (‘KB’, Poland) and Żagiel SA (‘Żagiel’, Poland), both currently controlled by KBC Bank NV (The Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Banco Santander: the parent company of an international group of banking and financial companies operating in Spain and internationally,










—


for KB: Polish universal bank which provides a full range of services for households and corporate customers., as well as custodian services and investment activities,










—


for Żagiel: a lending intermediary offering consumers cash loans and instalment loans.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 the EC Merger Regulation (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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6622 — Banco Santander/Kredyt Bank/Zagiel, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Establishment of an EU legal framework for the protection of pets and stray animals European Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animals (2012/2670(RSP))
Date: 2012-07-04
Institutions: European Parliament
Subjects: animal welfare, domestic animal, protection of animals








CE2013349EN.01007101.xml










29.11.2013   


EN


Official Journal of the European Union


CE 349/71





Wednesday 4 July 2012Establishment of an EU legal framework for the protection of pets and stray animals
P7_TA(2012)0291
European Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animals (2012/2670(RSP))
2013/C 349 E/08

The European Parliament,






—


having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others),










—


having regard to the European Convention for the Protection of Pet Animals (CETS No 125),










—


having regard to Rule 202(2) of its Rules of Procedure,










A.


whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements;










B.


whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU’s pet population is estimated at over one hundred million;










C.


whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States;










D.


whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe;










1.


Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems;










2.


Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:






—


rules for the identification and registration of animals,










—


stray animal management strategies, including vaccination and sterilisation programmes,










—


measures to promote responsible ownership,










—


the prohibition of unlicensed kennels and shelters,










—


the prohibition of the killing of stray animals without medical indication,










—


information and educational programmes in schools on animal welfare,










—


severe sanctions to be imposed on any Member State which fails to comply with the rules;














3.


Instructs its President to forward this resolution to the Council and the Commission.
Case C-74/12: Order of the Court (Fifth Chamber) of 4 July 2012 — (reference for a preliminary ruling from the Giudice di Pace di Revere — Italy) — Criminal proceedings against Abd Aziz Tam (Reference for a preliminary ruling — No description of the dispute in the main proceedings — Manifest inadmissibility)
Date: 2012-07-04
Institutions: Court of Justice
Subjects: criminal procedure, fine, illegal migration, interpretation of the law, national implementing measure, removal, restriction of liberty, return migration








C_2012303EN.01000802.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/8





Order of the Court (Fifth Chamber) of 4 July 2012 — (reference for a preliminary ruling from the Giudice di Pace di Revere — Italy) — Criminal proceedings against Abd Aziz Tam
(Case C-74/12) (1)

(Reference for a preliminary ruling - No description of the dispute in the main proceedings - Manifest inadmissibility)
2012/C 303/16
Language of the case: Italian

Referring court

Giudice di Pace di Revere

Criminal proceedings against

Abd Aziz Tam

Re:

Reference for a preliminary ruling — Giudice di Pace di Revere — Interpretation of Articles 2, 4, 6, 7, 8, 15 and 16 of 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 348, p. 98) and of Article 4(3) TEU — National legislation imposing a fine on a third-country national who has entered or stayed in the country illegally — Admissibility of the criminal offence of illegal stay — Possibility of substituting the fine with an order for expulsion with immediate effect for a period of at least five years or with a home detention (‘permanenza domiciliare’) sentence — Obligations of the Member States during the period prescribed for the transposition of a directive

Operative part of the order

The reference for a preliminary ruling from the Giudice di Pace di Revere (Italy), by decision of 26 January 2012, is clearly inadmissible.


(1)  OJ C 118, 21.4.2012.
Case C-389/11 P: Order of the Court of 4 July 2012 — Région Nord-Pas-de-Calais v Communauté d’Agglomération du Douaisis, European Commission (Appeal — State aid — Construction of railway equipment — Decisions declaring aid incompatible with the common market and ordering its recovery)
Date: 2012-07-04
Institutions: Court of Justice
Subjects: France, State aid, common market, reimbursement of aid, rights of the defence, vehicle on rails








C_2012303EN.01000402.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/4





Order of the Court of 4 July 2012 — Région Nord-Pas-de-Calais v Communauté d’Agglomération du Douaisis, European Commission
(Case C-389/11 P) (1)

(Appeal - State aid - Construction of railway equipment - Decisions declaring aid incompatible with the common market and ordering its recovery)
2012/C 303/06
Language of the case: French

Parties


Appellant: Région Nord-Pas-de-Calais (represented by: M. Cliquennois and F. Cavedon, avocats)

Other parties to the proceedings: Communauté d’Agglomération du Douaisis, European Commission (represented by: C. Giolito and B. Stromsky, Agents)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 12 May 2011 in Joined Cases T-267/08 and T-279/08 Région Nord-Pas-de-Calais v Commission and Communauté d’agglomération du Douaisis v Commission dismissing the actions, initially, for annulment of Commission Decision C(2008) 1089 final of 2 April 2008, then for annulment of Commission Decision C(2010) 4112 final of 23 June 2010, on State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA — Construction of railway equipment — Recovery of aid incompatible with the common market — Infringement of the rights of the defence and the principle of the right to be heard

Operative part of the order







1.


The appeal is dismissed.










2.


The Région Nord-Pas-de-Calais is ordered to pay the costs.






(1)  OJ C 290, 1.10.2011.
Prior notification of a concentration (Case COMP/M.6649 — Allianz/Insurance Portfolio and Brokerage Services of Gan Eurocourtage)  Text with EEA relevance
Date: 2012-07-04
Institutions: European Commission
Subjects: economic concentration, insurance company, merger control








C_2012196EN.01001901.xml










4.7.2012   


EN


Official Journal of the European Union


C 196/19





Prior notification of a concentration
(Case COMP/M.6649 — Allianz/Insurance Portfolio and Brokerage Services of Gan Eurocourtage)
(Text with EEA relevance)
2012/C 196/12






1.


On 25 June 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Allianz IARD SA (‘A.I.’ France), a member of the Allianz Group (‘Allianz’, Germany) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of a self-standing non-life insurance portfolio comprised of insurance contracts and their related brokerage businesses, assets and liabilities, in France (‘the Target’, France) hitherto belonging to Gan Eurocourtage SA (‘GEC’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


AI: a subsidiary of Allianz, active in France, providing various kinds of non-life and life insurance asset management and banking operations services,










—


Allianz: broadly active in the insurance, banking and asset management sectors in more than 70 countries around the world, with the largest of its operations being in Europe,










—


the Target: a self-standing insurance portfolio of GEC relating to non-life insurance products provided to individuals, professionals and businesses, as well as the related brokerage businesses and management activities of GEC, together with the related non-portfolio items, assets and liabilities,










—


GEC: active in the market for the provision of non-life insurance products to individuals and businesses, transport insurance and group insurance products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6649 — Allianz/Insurance Portfolio and Brokerage Services of Gan Eurocourtage, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-322/12: Reference for a preliminary ruling from the Cour de cassation (Belgium) lodged on 4 July 2012 — État belge — SPF Finances v GIMLE SA
Date: 2012-07-04
Institutions: Court of Justice
Subjects: accounting, economic value, interpretation of the law, type of business








C_2012287EN.01002201.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/22





Reference for a preliminary ruling from the Cour de cassation (Belgium) lodged on 4 July 2012 — État belge — SPF Finances v GIMLE SA
(Case C-322/12)
2012/C 287/40
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: État belge — SPF Finances

Defendant: GIMLE SA

Question referred

Must Article 2(3), (4) and (5) of Fourth Council Directive 78/660/EEC of 25 July 1978 based on Article 54(3)(g) of the Treaty on the annual accounts of certain types of companies (1) be interpreted as not only providing that additional information must be provided in the notes on the annual accounts but also requiring that — where the acquisition cost clearly does not reflect the real value of the assets concerned, thus giving a distorted view of the undertaking’s assets, liabilities, financial position and profit or loss — the rule that assets are to be entered in the accounts at their acquisition cost must be departed from and such assets immediately recognised as having their resale value, if that appears to be the real value?


(1)  OJ 1978 L 222, p. 11.
Case T-329/11: Order of the General Court of 4 July 2012 — TME v Commission (Public service contracts — Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds — Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the applicant — Refusal of the Commission to open a financial adjustment procedure with respect to Romania — Manifest inadmissibility)
Date: 2012-07-04
Institutions: General Court
Subjects: Bucharest — Ilfov, Romania, Structural Funds, co-financing, indemnification, invitation to tender, services contract, urban renewal, wastewater, water treatment








C_2012273EN.01000802.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/8





Order of the General Court of 4 July 2012 — TME v Commission
(Case T-329/11) (1)

(Public service contracts - Call for tenders in relation to the rehabilitation of the Bucharest wastewater treatment plant, jointly financed by the ISPA structural funds - Allegedly unlawful decision of the Romanian authorities to reject the tender submitted by the applicant - Refusal of the Commission to open a financial adjustment procedure with respect to Romania - Manifest inadmissibility)
2012/C 273/13
Language of the case: Italian

Parties


Applicant: TME SpA — Termomeccanica Ecologia (Milan, Italy) (represented by: C. Malinconico, S. Fidanzia and A. Gigliola, lawyers)

Defendant: European Commission (represented by: A. Aresu and P. van Nuffel, Agents)

Re:

First, application for annulment of the Commission’s letter of 20 April 2011 concerning the complaint of TME SpA in respect of infringements of European Union law by Romania in the context of the project ‘Bucharest Wastewater Treatment Plant Rehabilitation: Stage I ISPA 2004/RO/16/P/PE/003-03’, inherent in the restructuring of the Bucharest wastewater treatment plant [D(2011)REGIO.B3/MAD] and, second, a claim for damages.

Operative part of the order







1.


The action is dismissed as being manifestly inadmissible.










2.


TME SpA — Termomeccanica Ecologia shall bear its own costs as well as those incurred by the European Commission.






(1)  OJ C 252, 27.8.2011.