do-me/EUR-LEX huggingface dataset:
Case T-368/11: Judgment of the General Court of 1 February 2013 — Polyelectrolyte Producers Group and Others v Commission (REACH — Transitional measures concerning the restrictions on the placing on the market and use of acrylamide for grouting applications — Annex XVII to Regulation (EC) No 1907/2006 — Proportionality — Obligation to state reasons)
Date: 2013-02-01
Institutions: General Court
Subjects: chemical product, floor coverings, marketing, principle of proportionality








C_2013079EN.01001601.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/16





Judgment of the General Court of 1 February 2013 — Polyelectrolyte Producers Group and Others v Commission
(Case T-368/11) (1)

(REACH - Transitional measures concerning the restrictions on the placing on the market and use of acrylamide for grouting applications - Annex XVII to Regulation (EC) No 1907/2006 - Proportionality - Obligation to state reasons)
2013/C 79/28
Language of the case: English

Parties


Applicants: Polyelectrolyte Producers Group (Brussels, Belgium); SNF SAS (Andrézieux-Bouthéon, France); and Travetanche Injection SPRL (Brussels) (represented by: K. Van Maldegem and R. Cana, lawyers)

Defendant: European Commission (represented by: P. Oliver and E. Manhaeve, Agents, assisted by K. Sawyer, Barrister)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by: C. Wissels, M. Noort and B. Koopman, Agents)

Re:

Application for annulment of Commission Regulation (EU) No 366/2011 of 14 April 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Acrylamide) (OJ 2011 L 101, p. 12).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Polyelectrolyte Producers Group, SNF SAS and Travetanche Injection SPRL to bear the costs they have incurred in the main proceedings and to pay those incurred by the European Commission;










3.


Orders Travetanche Injection to pay the costs relating to the proceedings for interim measures;










4.


Orders the Kingdom of the Netherlands to bear its own costs.






(1)  OJ C 282, 24.9.2011.
Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control ( OJ L 131, 28.5.2009 )
Date: 2013-02-01
Institutions: Council of the European Union, European Parliament
Subjects: harbour installation, maritime safety, pollution from ships, prevention of pollution, vessel








L_2013032EN.01002301.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/23







Corrigendum to Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control
(
Official Journal of the European Union L 131 of 28 May 2009
)

On page 87, Annex X, second sentence:
for:


                  ‘Point 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 19(4)).’
               

read:


                  ‘Point 3 includes examples of deficiencies that may for themselves warrant detention of the ship involved (see Article 19(3)).’.
Decision of the EEA Joint Committee No 12/2013 of 1 February 2013 amending Annex IV (Energy) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, electrical energy, energy efficiency, energy production, revision of an agreement, thermal energy




L_2013144EN.01001701.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/17








            DECISION OF THE EEA JOINT COMMITTEE
         
No 12/2013
of 1 February 2013
         
amending Annex IV (Energy) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2011/877/EU of 19 December 2011 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC (1) is to be incorporated into the EEA Agreement.












(2)


Implementing Decision 2011/877/EU repeals Commission Decision 2007/74/EC (2) which is incorporated into the EEA Agreement and which is consequently to be repealed under the EEA Agreement.












(3)


Annex IV to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex IV to the EEA Agreement shall be amended as follows:






(1)


the following point is inserted after point 24a (Commission Decision 2008/952/EC):






‘24b.



32011 D 0877: Commission Implementing Decision 2011/877/EU of 19 December 2011 establishing harmonised efficiency reference values for separate production of electricity and heat in application of Directive 2004/8/EC of the European Parliament and of the Council and repealing Commission Decision 2007/74/EC (OJ L 343, 23.12.2011, p. 91).’;














(2)


the text of point 29 (Commission Decision 2007/74/EC) is deleted.






Article 2
The text of Implementing Decision 2011/877/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 343, 23.12.2011, p. 91.

(2)  
            OJ L 32, 6.2.2007, p. 183.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 2/2013 of 1 February 2013 amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: Austria, Belgium, Brazil, Colombia, Croatia, European Economic Area, Nicaragua, bovine spongiform encephalopathy, revision of an agreement, veterinary inspection




L_2013144EN.01000301.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/3








            DECISION OF THE EEA JOINT COMMITTEE
         
No 2/2013
of 1 February 2013
         
amending Annex I (Veterinary and phytosanitary matters) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2012/489/EU of 24 August 2012 amending Decision 2007/453/EC as regards the BSE status of Austria, Belgium, Brazil, Colombia, Croatia and Nicaragua (1) is to be incorporated into the EEA Agreement.












(2)


This Decision concerns legislation regarding veterinary matters. Legislation regarding veterinary matters shall not apply to Liechtenstein as long as the application of the Agreement between the European Community and the Swiss Confederation on trade in agricultural products is extended to Liechtenstein, as specified in the sectoral adaptations to Annex I to the EEA Agreement. This Decision is therefore not to apply to Liechtenstein.












(3)


Annex I to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 49 (Commission Decision 2007/453/EC) in Part 7.2 of Chapter I of Annex I to the EEA Agreement:






‘—



32012 D 0489: Commission Implementing Decision 2012/489/EU of 24 August 2012 (OJ L 231, 28.8.2012, p. 13).’






Article 2
The text of Implementing Decision 2012/489/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 231, 28.8.2012, p. 13.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 22/2013 of 1 February 2013 amending Annex XIII (Transport) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: Egypt, European Economic Area, crew, maritime shipping, recognition of diplomas, recognition of vocational training qualifications, revision of an agreement




L_2013144EN.01002801.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/28








            DECISION OF THE EEA JOINT COMMITTEE
         
No 22/2013
of 1 February 2013
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2012/505/EU of 17 September 2012 on the recognition of Egypt pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 56jo (Commission Implementing Decision 2012/76/EU) of Annex XIII to the EEA Agreement:






‘56jp.



32012 D 0505: Commission Implementing Decision 2012/505/EU of 17 September 2012 on the recognition of Egypt pursuant to Directive 2008/106/EC of the European Parliament and of the Council as regards the systems for the training and certification of seafarers (OJ L 252, 19.9.2012, p. 57).’.






Article 2
The text of Implementing Decision 2012/505/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 252, 19.9.2012, p. 57.

(*1)  No constitutional requirements indicated.
Case T-368/11 R: Order of the President of the General Court of 1 February 2013 — Travetanche Injection v Commission (Application for interim measures — Dismissal of the main action — No need to adjudicate)
Date: 2013-02-01
Institutions: General Court
Subjects: administrative formalities, application of the law, chemical product, marketing standard, product safety








C_2013086EN.01001602.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/16





Order of the President of the General Court of 1 February 2013 — Travetanche Injection v Commission
(Case T-368/11 R)
(Application for interim measures - Dismissal of the main action - No need to adjudicate)
2013/C 86/26
Language of the case: English

Parties


Applicant: Travetanche Injection SPRL (Brussels, Belgium) (represented by: K. Van Maldegem and R. Cana, lawyers)

Defendant: European Commission (represented by: P. Oliver and E. Manhaeve, Agents, assisted by K. Sawyer, Barrister)

Re:

Application for suspension of operation of Commission Regulation (EU) No 366/2011 of 14 April 2011 amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards Annex XVII (Acrylamide)

Operative part of the order

There is no longer any need to adjudicate on the application for interim measures.
Decision of the EEA Joint Committee No 15/2013 of 1 February 2013 amending Annex VI (Social security) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, revision of an agreement, social-security harmonisation




L_2013144EN.01002001.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/20








            DECISION OF THE EEA JOINT COMMITTEE
         
No 15/2013
of 1 February 2013
         
amending Annex VI (Social security) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 1244/2010 (1) amends Regulation (EC) No 987/2009 of the European Parliament and of the Council (2), which are both incorporated into the EEA Agreement, and consequently Regulation (EU) No 1244/2010 should be referred to in point 2 of Annex VI.












(2)


Annex VI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 2 (Regulation (EC) No 987/2009 of the European Parliament and of the Council) of Annex VI to the EEA Agreement:






‘—



32010 R 1244: Commission Regulation (EU) No 1244/2010 of 9 December 2010 (OJ L 338, 22.12.2010, p. 35).’






Article 2
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 3
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 338, 22.12.2010, p. 35.

(2)  
            OJ L 284, 30.10.2009, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 21/2013 of 1 February 2013 amending Annex XIII (Transport) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, information system, inland waterway shipping, revision of an agreement, technical specification, vessel




L_2013144EN.01002701.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 21/2013
of 1 February 2013
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 689/2012 of 27 July 2012 amending Regulation (EC) No 415/2007 concerning the technical specifications for vessel tracking and tracing systems referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community (1) is to be incorporated into the EEA Agreement.












(2)


Annex XIII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following is added in point 49ab (Commission Regulation (EC) No 415/2007) of Annex XIII to the EEA Agreement:

                  ‘, as amended by:






—



32012 R 0689: Commission Implementing Regulation (EU) No 689/2012 of 27 July 2012 (OJ L 202, 28.7.2012, p. 5).’.






Article 2
The text of Implementing Regulation (EU) No 689/2012 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 202, 28.7.2012, p. 5.

(*1)  No constitutional requirements indicated.
Case T-67/13: Action brought on 1 February 2013 — Novartis Europharm v Commission
Date: 2013-02-01
Institutions: General Court
Subjects: European Medicines Agency, data protection, drug surveillance, market approval, medicinal product, veterinary drug








C_2013101EN.01002402.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/24





Action brought on 1 February 2013 — Novartis Europharm v Commission
(Case T-67/13)
2013/C 101/53
Language of the case: English

Parties


Applicant: Novartis Europharm Ltd (Horsham, United Kingdom) (represented by: C. Schoonderbeek, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the European Commission C(2012) 8605 final of 19 November 2012 to grant a marketing authorisation to Hospira UK ltd, in accordance with Article 3 of Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1); and










—


Order the European Commission to pay its own costs and those of the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging that the contested decision is unlawful in that it constitutes an infringement of the data protection rights of Novartis Europharm Ltd. for its product Aclasta pursuant to Articles 13(4) of Regulation (EC) No. 2309/93 (1), read in conjunction with Article 89 of Regulation (EC) No. 726/2004 (2). As Aclasta was granted a separate independent marketing authorisation through the centralised procedure the Aclasta authorisation does not fall under the same global marketing authorisation as Zometa (another product of Novartis Europharm Ltd) specified in article 6(1) of Directive 2001/83 (3) for the purposes of data protection.
In addition, the contested Decision is also unlawful in that it constitutes an infringement of Article 10(1) of Directive 2001/83/EC as data protection for the reference medicinal product Aclasta has not expired and hence the conditions for granting a marketing authorisation under this article have not been complied with.


(1)  Council Regulation (EEC) No 2309/93 of 22 July 1993 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products

(2)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (Text with EEA relevance)

(3)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
Decision of the EEA Joint Committee No 29/2013 of 1 February 2013 amending Annex XXII (Company law) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, closing of accounts, firm governed by commercial law, micro-enterprise, revision of an agreement




L_2013144EN.01003501.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/35








            DECISION OF THE EEA JOINT COMMITTEE
         
No 29/2013
of 1 February 2013
         
amending Annex XXII (Company law) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Directive 2012/6/EU of the European Parliament and of the Council of 14 March 2012 amending Council Directive 78/660/EEC on the annual accounts of certain types of companies as regards micro-entities (1) is to be incorporated into the EEA Agreement.












(2)


Annex XXII to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 4 (Fourth Council Directive 78/660/EEC) of Annex XXII to the EEA Agreement:






‘—



32012 L 0006: Directive 2012/6/EU of the European Parliament and of the Council of 14 March 2012 (OJ L 81, 21.3.2012, p. 3).’






Article 2
The texts of Directive 2012/6/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 81, 21.3.2012, p. 3.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 7/2013 of 1 February 2013 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2013-02-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, electromagnetic interference, electronic equipment, motor car, revision of an agreement




L_2013144EN.01001101.xml










30.5.2013   


EN


Official Journal of the European Union


L 144/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 7/2013
of 1 February 2013
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive 2009/19/EC of 12 March 2009 amending, for the purposes of its adaptation to technical progress, Council Directive 72/245/EEC relating to the radio interference (electromagnetic compatibility) of vehicles (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 11 (Council Directive 72/245/EEC) of Chapter I of Annex II to the EEA Agreement:






‘—



32009 L 0019: Commission Directive 2009/19/EC of 12 March 2009 (OJ L 70, 14.3.2009, p. 17).’






Article 2
The text of Directive 2009/19/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 2 February 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 1 February 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 70, 14.3.2009, p. 17.

(*1)  No constitutional requirements indicated.