do-me/EUR-LEX huggingface dataset:
2012/760/EU: Council Decision of 6 December 2012 appointing a German member and a German alternate member of the Committee of the Regions
Date: 2012-12-06
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2012336EN.01008201.xml










8.12.2012   


EN


Official Journal of the European Union


L 336/82








            COUNCIL DECISION
         
of 6 December 2012
         
appointing a German member and a German alternate member of the Committee of the Regions
(2012/760/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Heinz MAURUS.












(3)


An alternate member’s seat has become vacant following the end of the term of office of Dr Ekkehard KLUG,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as member:






—


Ms Anke SPOORENDONK, Ministerin für Justiz, Kultur und Europa,




and










(b)


as alternate member:






—


Mr Eberhard SCHMIDT-ELSAESSER, Staats-sekretär.










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




Done at Brussels, 6 December 2012.


For the Council


The President

S. CHARALAMBOUS
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
State aid — Decision to raise no objections
Date: 2012-12-06
Institutions: EFTA Surveillance Authority
Subjects: Iceland, State aid, control of State aid, economic concentration, economic recession, financial services








C_2012376EN.01000401.xml










6.12.2012   


EN


Official Journal of the European Union


C 376/4





State aid — Decision to raise no objections
2012/C 376/04
The EFTA Surveillance Authority raises no objections to the following state aid measure:







Date of adoption of the decision


:


20 June 2012




Case number


:


71379




Decision number


:


226/12/COL




EFTA State


:


Iceland




Title


:


Authorisation of the use of aid granted to Landsbankinn.for the acquisition of Sparisjóður Svarfdæla




Legal basis


:


Article 61(3)(b) of the EEA




Objective


:


Remedy a serious disturbance in the economy




Duration


:


n.a.




Economic sectors


:


Financial sector




Name and address of the granting authority


:







Ministry of Finance




Arnarhvoli




150 Reykjavík




ICELAND








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-527/12: Action brought on 6 December 2012 — DeMaCo Holland v Commission
Date: 2012-12-06
Institutions: General Court
Subjects: contractual liability, copyright, designs and models, indemnification, invitation to tender








C_2013026EN.01006801.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/68





Action brought on 6 December 2012 — DeMaCo Holland v Commission
(Case T-527/12)
2013/C 26/133
Language of the case: Dutch

Parties


Applicant: DeMaCo Holland BV (Langedijk, Netherlands) (represented by: L. Linders and S. Bishop, lawyers)

Defendant: European Commission

Form of order sought







—


Declare the applicant’s claim admissible and well-founded;










—


consequently order Euratom to desist immediately from any use of the ‘redesign’ in respect of which the applicant has rights and, further, order Euratom to pay compensation to the applicant, provisionally estimated at EUR 100 000, on the basis of its non-contractual error;










—


order Euratom to pay the costs incurred in the present proceedings.





Pleas in law and main arguments

By its claim the applicant seeks compensation for the damage suffered as a result of the non-contractual error of the European Atomic Energy Community, represented by the European Commission, inasmuch as it made use of technical drawings belonging to the applicant and transmitted those drawings for use in a public procurement procedure by the European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy).
In support of its action the applicant claims that the defendant unlawfully made use of the applicant’s technical drawings.
The technical drawings created exclusively by the applicant — outside any contractual relationship between the parties — were used by the defendant without the applicant’s agreement. Furthermore, the defendant facilitated the use of the technical drawings by third parties, namely Fusion for Energy.
The knowingly unlawful use by the defendant of the applicant’s technical drawings constitutes unlawful conduct and infringes the applicant’s copyright.
The defendant has thus acquired an unauthorised economic advantage for itself on the basis of the applicant’s financial and intellectual efforts, which is contrary to fair commercial practice and fair competition.
The damage suffered consists of the applicant’s loss of profit as a result of Fusion for Energy’s call for tenders, which was made possible as a result of the defendant’s intervention, and remuneration for the disregard of the applicant’s intellectual property rights.
Joined Cases T-325/12 and T-332/12: Order of the General Court of 6 December 2012 — Netherlands and ING Groep v Commission
Date: 2012-12-06
Institutions: General Court
Subjects: Netherlands, State aid, aid for restructuring, amortisation, bank, control of State aid, infringement of EU law, rights of the defence








C_2013032EN.01002703.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/27





Order of the General Court of 6 December 2012 — Netherlands and ING Groep v Commission
(Joined Cases T-325/12 and T-332/12) (1)

2013/C 32/49
Language of the case: Dutch
The President of the First Chamber has ordered that the joined cases be removed from the register.


(1)  OJ C 273, 8.9.2012.
Case C-285/11: Judgment of the Court (Third Chamber) of 6 December 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — BONIK (EOOD) v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (VAT — Directive 2006/112/EC — Right of deduction — Refusal)
Date: 2012-12-06
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, intra-EU trade, tax avoidance, tax evasion, tax relief








C_2013026EN.01001001.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/10





Judgment of the Court (Third Chamber) of 6 December 2012 (reference for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — BONIK (EOOD) v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
(Case C-285/11) (1)

(VAT - Directive 2006/112/EC - Right of deduction - Refusal)
2013/C 26/17
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant: BONIK (EOOD)

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Re:

Reference for a preliminary ruling — Administrativen sad — Varna — Interpretation of Articles 14, 62, 63, 167, 168 and 178(a) and (b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Formalities laid down by Member States in relation to the right to deduct VAT — Measures taken to prevent certain forms of tax evasion or avoidance — Refusal of the right to deduct VAT in the case of a taxable person in receipt of intra-Community supplies, on the ground that there was no evidence that supplies of goods had actually been carried out as between the preceding suppliers, despite the existence of evidence establishing that supplies of goods had been carried out by the last supplier direct to the taxable person

Operative part of the judgment

Articles 2, 9, 14, 62, 63, 167, 168 and 178 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that, in circumstances such as those of the case before the referring court, a taxable person may not be refused the right to deduct VAT in relation to a supply of goods on the ground that, in view of fraud or irregularities committed upstream or downstream of that supply, the supply is considered not to have actually taken place, where it has not been established on the basis of objective evidence that the taxable person knew, or should have known, that the transaction relied on as a basis for the right of deduction was connected with VAT fraud committed upstream or downstream in the chain of supply — a matter which it is for the referring court to determine.


(1)  OJ C 238, 13.8.2011.
Case T-366/00 RENV: Order of the General Court of 6 December 2012 — Scott v Commission
Date: 2012-12-06
Institutions: General Court
Subjects: France, State aid, industrial plot, sanction (EU)








C_2013032EN.01002601.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/26





Order of the General Court of 6 December 2012 — Scott v Commission
(Case T-366/00 RENV) (1)

2013/C 32/41
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 61, 24.2.2001.
Council Decision of 6 December 2012 adopting the Council's position on the draft budget of the European Union for the financial year 2013
Date: 2012-12-06
Institutions: Council of the European Union
Subjects: budgetary procedure, draft budget (EU), financial year, general budget (EU)








C_2012378EN.01000401.xml










8.12.2012   


EN


Official Journal of the European Union


C 378/4





COUNCIL DECISION
of 6 December 2012
adopting the Council's position on the draft budget of the European Union for the financial year 2013
2012/C 378/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314(3) thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Whereas:






(1)


On 23 November 2012, the Commission submitted a proposal containing the new draft budget for the financial year 2013 (1).










(2)


The Council examined the Commission proposal with a view to defining a position consistent, on the revenue side, with Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources (2), and on the expenditure side, with Part I of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), which, in the absence of any multiannual financial framework established pursuant to Article 312 of the Treaty on the Functioning of the European Union, constitutes the currently applicable instrument of budgetary discipline.










(3)


Given the need to adopt a Council’s position on the new draft budget as soon as possible with a view to a budget being definitively adopted before the beginning of the financial year 2013, thus ensuring the continuity of the Union's action, it is justified to shorten, in accordance with Article 3(3) of the Council's Rules of Procedure, the 8-week period for the information of national parliaments, as well as the 10-day period foreseen for placing the item on the Council's provisional agenda laid down in Article 4 of Protocol No 1,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on the new draft general budget of the European Union for the financial year 2013 was adopted by the Council on 6 December 2012.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 6 December 2012.


For the Council


The President

L. LOUCA




(1)  COM(2012) 716 final.

(2)  OJ L 163, 23.6.2007, p. 17.

(3)  OJ L 347, 24.12.2009, p. 26.
Euro exchange rates
Date: 2012-12-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2012376EN.01000201.xml










6.12.2012   


EN


Official Journal of the European Union


C 376/2





Euro exchange rates (1)

5 December 2012
2012/C 376/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3065




JPY


Japanese yen


107,31




DKK


Danish krone


7,4599




GBP


Pound sterling


0,81190




SEK


Swedish krona


8,6510




CHF


Swiss franc


1,2128




ISK


Iceland króna


 




NOK


Norwegian krone


7,3560




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,218




HUF


Hungarian forint


282,62




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6965




PLN


Polish zloty


4,1198




RON


Romanian leu


4,5445




TRY


Turkish lira


2,3350




AUD


Australian dollar


1,2483




CAD


Canadian dollar


1,2960




HKD


Hong Kong dollar


10,1255




NZD


New Zealand dollar


1,5826




SGD


Singapore dollar


1,5921




KRW


South Korean won


1 414,07




ZAR


South African rand


11,4554




CNY


Chinese yuan renminbi


8,1395




HRK


Croatian kuna


7,5200




IDR


Indonesian rupiah


12 582,01




MYR


Malaysian ringgit


3,9735




PHP


Philippine peso


53,378




RUB


Russian rouble


40,2670




THB


Thai baht


40,083




BRL


Brazilian real


2,7511




MXN


Mexican peso


16,9098




INR


Indian rupee


71,2780






(1)  Source: reference exchange rate published by the ECB.
Notice from the EFTA Surveillance Authority
Date: 2012-12-06
Institutions: EFTA Surveillance Authority
Subjects: Norway, competition, extraction of oil, gas, petroleum exploration, pipeline transport








C_2012376EN.01000701.xml










6.12.2012   


EN


Official Journal of the European Union


C 376/7





Notice from the EFTA Surveillance Authority
2012/C 376/07
On 6 November 2012, the EFTA Surveillance Authority received a request pursuant to Article 30(4) of Directive 2004/17/EC. The first working day following receipt of the request is 7 November 2012.
This request, filed by the Norwegian Government, concerns activities related to the exploration for, or extraction of oil and gas on the Norwegian Continental Shelf and to activities intended to enable the transportation of natural gas through upstream pipeline networks in Norway. The abovementioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition on markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The EFTA Surveillance Authority is allowed a period of three months to take a decision on this request, commencing on 7 November 2012. The period therefore expires on 7 February 2013.
The aforementioned period may, however, be extended by a maximum of three months in duly justified cases, in particular if the information provided in the request or in the documents annexed thereto is incomplete or inexact or if the facts as reported undergo any substantive changes. Any such extension shall be published. According to the second subparagraph of Article 30(6), further requests concerning the activities related to the exploration for, or extraction of oil and gas on the Norwegian Continental Shelf and to activities intended to enable the transportation of natural gas through upstream pipeline networks in Norway before the expiry of the period opened in respect of this request are not considered as new procedures and are to be treated in the context of this request.
Case C-565/12: Request for a preliminary ruling from the Tribunal d’instance d’Orléans (France) lodged on 6 December 2012 — LCL Le Crédit Lyonnais, SA v Fesih Kalhan
Date: 2012-12-06
Institutions: Court of Justice
Subjects: France, consumer credit, contract, national law, sanction (EU)








C_2013038EN.01001501.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/15





Request for a preliminary ruling from the Tribunal d’instance d’Orléans (France) lodged on 6 December 2012 — LCL Le Crédit Lyonnais, SA v Fesih Kalhan
(Case C-565/12)
2013/C 38/20
Language of the case: French

Referring court

Tribunal d’instance d’Orléans

Parties to the main proceedings


Applicant: LCL Le Crédit Lyonnais, SA

Defendant: Fesih Kalhan

Question referred

Does the requirement for effective, proportionate and dissuasive penalties laid down in Article 23 of Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers, (1) in the case of breaches on the part of creditors of the obligations set out in the directive, preclude the existence of rules that allow the creditor, which has been penalised by forfeiture of its entitlement to interest as provided for in the French legislation, to benefit, after the imposition of the penalty, from interest payable by operation of law at a statutory rate, that is increased by five percentage points two months after a court decision has become enforceable, on the sums that remain payable by the consumer?


(1)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).
Corrigendum to Commission Implementing Decision 2012/729/EU of 23 November 2012 amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application ( OJ L 327, 27.11.2012 )
Date: 2012-12-06
Institutions: European Commission
Subjects: Peru, food inspection, health control, import (EU), import restriction, mollusc








L_2012334EN.01005201.xml










6.12.2012   


EN


Official Journal of the European Union


L 334/52







Corrigendum to Commission Implementing Decision 2012/729/EU of 23 November 2012 amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
(
Official Journal of the European Union L 327 of 27 November 2012
)

On page 56, the title should read as follows:
for:


                        ‘Commission Implementing Decision of 23 November 2012 amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
(notified under document C(2012) 8459)
(Text with EEA relevance)’,

read:


                        ‘Commission Implementing Decision of 23 November 2012 amending Decision 2008/866/EC, on emergency measures suspending imports from Peru of certain bivalve molluscs intended for human consumption, as regards its period of application
(notified under document C(2012) 8459)
(Text with EEA relevance)
(2012/729/EU)’.
Council Decision of 6 December 2012 adopting the Council's position on draft amending budget No 6 of the European Union for the financial year 2012
Date: 2012-12-06
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2012378EN.01000301.xml










8.12.2012   


EN


Official Journal of the European Union


C 378/3





COUNCIL DECISION
of 6 December 2012
adopting the Council's position on draft amending budget No 6 of the European Union for the financial year 2012
2012/C 378/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
Whereas:






—


the Union's budget for the financial year 2012 was definitively adopted on 1 December 2011 (3),










—


on 25 October 2012, the Commission submitted a proposal containing draft amending budget No 6 to the general budget for the financial year 2012,










—


given the fact that draft amending budget No 6 to the general budget for 2012 needs to be implemented within the financial year 2012 for reasons of sound financial management, it is justified to shorten the 8-week period laid down in Article 4 of Protocol No 1 on the information of National Parliaments, as well as the 10-day period for placing the item on the Council's provisional agenda, in accordance with Article 3(3) of the Council's Rules of Procedure,










—


the Council's position is taken in conjunction with the adoption of its position on the draft budget of the European Union for the financial year 2013 and is subject to the European Parliament's approval of the latter position,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 6 of the European Union for the financial year 2012 was adopted on 6 December 2012.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/
This Decision shall apply from the date of the European Parliament's approval of the Council's position on the draft budget of the European Union for the financial year 2013.

Done at Brussels, 6 December 2012.


For the Council


The President

L. LOUCA




(1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and in OJ L 99, 14.4.2007, p. 18.

(2)  OJ L 311, 26.11.2010, p. 9.

(3)  OJ L 56, 29.2.2012, with corrigendum in OJ L 79, 19.3.2012.
Case T-258/04 RENV: Order of the President of the General Court of 6 December 2012 — Poland v Commission
Date: 2012-12-06
Institutions: General Court
Subjects: Poland, agricultural trade, customs duties, free movement of goods, import (EU), sugar, transitional period (EU)








C_2013032EN.01002602.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/26





Order of the President of the General Court of 6 December 2012 — Poland v Commission
(Case T-258/04 RENV) (1)

2013/C 32/42
Language of the case: Polish
The President of General Court has ordered that the case be removed from the register.


(1)  OJ C 251, 9.10.2004.