do-me/EUR-LEX huggingface dataset:
Case C-556/10: Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Transport — Development of the Community’s railways — Directive 91/440/EEC — Article 6(3) and Annex II — Directive 2001/14/EC — Articles 4(2) and 14(2) — Infrastructure manager — Organisational and decision-making independence — Holding company structure — Directive 2001/14 — Articles 7(3) and 8(1) — Setting charges on the basis of direct costs — Levying of charges — Direct costs — Total costs — Directive 2001/14 — Article 6(2) — No incentive to reduce costs — Directive 91/440 — Article 10(7) — Directive 2001/14 — Article 30(4) — Regulatory body — Powers)
Date: 2013-02-28
Institutions: Court of Justice
Subjects: Germany, charges for use of infrastructure, infringement of EU law, national implementing measure, rail transport, transport infrastructure








C_2013114EN.01000701.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/7





Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Federal Republic of Germany
(Case C-556/10) (1)

(Failure of a Member State to fulfil obligations - Transport - Development of the Community’s railways - Directive 91/440/EEC - Article 6(3) and Annex II - Directive 2001/14/EC - Articles 4(2) and 14(2) - Infrastructure manager - Organisational and decision-making independence - Holding company structure - Directive 2001/14 - Articles 7(3) and 8(1) - Setting charges on the basis of direct costs - Levying of charges - Direct costs - Total costs - Directive 2001/14 - Article 6(2) - No incentive to reduce costs - Directive 91/440 - Article 10(7) - Directive 2001/14 - Article 30(4) - Regulatory body - Powers)
2013/C 114/07
Language of the case: German

Parties


Applicant: European Commission (represented by: G. Braun and H. Støvlbæk, acting as Agents)

Defendant: Federal Republic of Germany (represented by: T. Henze, J. Möller and N. Graf Vitzthum, acting as Agents, and R. Van der Hout, advocaat)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Očková and T. Müller, acting as Agents), Italian Republic (represented by: G. Palmieri, acting as Agent, and S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt within the prescribed period all the necessary provisions to comply with Article 6(3) of and Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ 1991 L 237, p. 25) and Articles 2, 6(2), 7(3), 8(1), 14(2) and 30(4) of Directive 2001/14/EC of the Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the European Commission to pay the costs;










3.


Orders the Czech Republic and the Italian Republic to bear their own costs.






(1)  OJ C 38, 5.2.2011.
Judgment of the Court (First Chamber) of 28 February 2013 — Inalca SpA — Industria Alimentari Carni, Cremonini SpA v European Commission Case C-460/09 P) (Appeal — Non-contractual liability of the European Union — Finding of irregularities in the refunds for beef and veal exported to Jordan — OLAF investigation — Communication of OLAF’s findings to the national authorities — Provision of guarantees — Claim for the reimbursement of the related costs — Causal link — Cross-appeal — Limitation period — Point from which time starts to run)
Date: 2013-02-28
Institutions: Court of Justice
Subjects: European Anti-fraud Office, Italy, Jordan, cattle, contractual liability, damages, export refund, indemnification








C_2013114EN.01000501.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/5





Judgment of the Court (First Chamber) of 28 February 2013 — Inalca SpA — Industria Alimentari Carni, Cremonini SpA v European Commission
Case C-460/09 P) (1)

(Appeal - Non-contractual liability of the European Union - Finding of irregularities in the refunds for beef and veal exported to Jordan - OLAF investigation - Communication of OLAF’s findings to the national authorities - Provision of guarantees - Claim for the reimbursement of the related costs - Causal link - Cross-appeal - Limitation period - Point from which time starts to run)
2013/C 114/03
Language of the case: Italian

Parties


Appellants: Inalca SpA — Industria Alimentari Carni, Cremonini SpA (represented by: F. Sciaudone and C. D’Andria, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci and P. Rossi, Agents)

Re:

Appeal against the order of 4 September 2009 in Case T-174/06 Inalca and Cremonini v Commission by which the by which the Court of First Instance (now the General Court) (Sixth Chamber) dismissed an action seeking to establish non-contractual liability by which compensation was sought for the damage purportedly suffered by the appellants following the communication to the Italian authorities of findings which cast doubts upon the appellants in the context of an investigation conducted by the European Anti-Fraud Office (OLAF) with a view to determining the lawfulness of a number of export refunds relating to beef and veal exported to Jordan.

Operative part of the judgment

The Court:






1.


Dismisses the main appeal and the cross-appeal;










2.


Orders Inalca SpA — Industria Alimentari Carni and Cremonini SpA to pay the costs relating to the main appeal;










3.


Orders the European Commission to pay the costs relating to the cross-appeal.






(1)  OJ C 24, 30.1.2010.
Notice concerning the provisional application between the European Union and Peru, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
Date: 2013-02-28
Institutions: Council of the European Union
Subjects: Colombia, Peru, interim agreement (EU), trade agreement (EU)








L_2013056EN.01000101.xml










28.2.2013   


EN


Official Journal of the European Union


L 56/1







Notice concerning the provisional application between the European Union and Peru, of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part

The Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, signed in Brussels on 26 June 2012, shall, pursuant to its Article 330(3), be provisionally applied between the European Union and Peru as from 1 March 2013. By virtue of Article 3(1) of the Council Decision of 31 May 2012 on the signing and provisional application of the Agreement, the EU does not apply provisionally Article 2, Article 202(1) and Articles 291 and 292 of the Agreement, pending the completion of the procedures for its conclusion.
Case C-483/10: Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Development of the Community’s railways — Directive 2001/14/EC — Allocation of railway infrastructure capacity — Levying of charges — Charges — Management independence)
Date: 2013-02-28
Institutions: Court of Justice
Subjects: Spain, charges for use of infrastructure, infringement of EU law, national implementing measure, rail transport, transport infrastructure








C_2013114EN.01000601.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/6





Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Kingdom of Spain
(Case C-483/10) (1)

(Failure of a Member State to fulfil obligations - Development of the Community’s railways - Directive 2001/14/EC - Allocation of railway infrastructure capacity - Levying of charges - Charges - Management independence)
2013/C 114/05
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: H. Støvlbæk and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: S. Centeno Huerta and B. Plaza Cruz, acting as Agents)

Interveners in support of the defendant: Czech Republic (represented by: M. Smolek, J. Očková and T. Müller, acting as Agents), French Republic (represented by: G. de Bergues and M. Perrot, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 10(7) of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community’s railways (OJ 1991 L 237, p. 25) and of Articles 4(1), 11, 13(2), 14(1) and 30(1) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29) — Charges — Management independence

Operative part of the judgment

The Court:






1.


Declares that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Articles 4(1), 11, 13(2) and 14(1) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, the Kingdom of Spain has failed to fulfil its obligations under those provisions;










2.


Orders the Kingdom of Spain to pay the costs;










3.


Orders the Czech Republic and the French Republic to bear their own costs.






(1)  OJ C 328, 4.12.2010.
Notice concerning the entry into force of a Protocol between the European Union and the Republic of Tunisia establishing a Dispute Settlement Mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part
Date: 2013-02-28
Institutions: Council of the European Union
Subjects: Tunisia, alternative dispute resolution, association agreement (EU), protocol to an agreement, trade agreement (EU), trade dispute








L_2013056EN.01000301.xml










28.2.2013   


EN


Official Journal of the European Union


L 56/3







Notice concerning the entry into force of a Protocol between the European Union and the Republic of Tunisia establishing a Dispute Settlement Mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part

The Protocol between the European Union and the Republic of Tunisia establishing a Dispute Settlement Mechanism applicable to disputes under the trade provisions of the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Tunisia, of the other part, signed in Brussels on 9 December 2009, will enter into force on 1 April 2013.
Notice concerning the entry into force of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994
Date: 2013-02-28
Institutions: Council of the European Union
Subjects: Brazil, CCT duties, Thailand, import (EU), meat product, originating product, poultry, poultrymeat, tariff quota








L_2013056EN.01000201.xml










28.2.2013   


EN


Official Journal of the European Union


L 56/2







Notice concerning the entry into force of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994

The Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, signed on 18 June 2012 with Thailand and on 26 June 2012 with Brazil, will enter into force on 1 March 2013.
Euro exchange rates
Date: 2013-02-28
Institutions: European Commission
Subjects: euro, exchange rate








C_2013058EN.01000101.xml










28.2.2013   


EN


Official Journal of the European Union


C 58/1





Euro exchange rates (1)

27 February 2013
2013/C 58/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3097




JPY


Japanese yen


120,06




DKK


Danish krone


7,4566




GBP


Pound sterling


0,86405




SEK


Swedish krona


8,4352




CHF


Swiss franc


1,2177




ISK


Iceland króna


 




NOK


Norwegian krone


7,4670




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,637




HUF


Hungarian forint


295,55




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7006




PLN


Polish zloty


4,1648




RON


Romanian leu


4,3712




TRY


Turkish lira


2,3640




AUD


Australian dollar


1,2842




CAD


Canadian dollar


1,3434




HKD


Hong Kong dollar


10,1604




NZD


New Zealand dollar


1,5895




SGD


Singapore dollar


1,6225




KRW


South Korean won


1 421,31




ZAR


South African rand


11,6220




CNY


Chinese yuan renminbi


8,1563




HRK


Croatian kuna


7,5928




IDR


Indonesian rupiah


12 695,41




MYR


Malaysian ringgit


4,0610




PHP


Philippine peso


53,307




RUB


Russian rouble


40,0240




THB


Thai baht


39,081




BRL


Brazilian real


2,5950




MXN


Mexican peso


16,8211




INR


Indian rupee


70,5210






(1)  Source: reference exchange rate published by the ECB.
Commission Decision of 28 February 2013 appointing members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals and patient organisations  Text with EEA relevance
Date: 2013-02-28
Institutions: European Commission
Subjects: appointment of members, drug surveillance, health care profession, patient's rights








C_2013060EN.01000801.xml










1.3.2013   


EN


Official Journal of the European Union


C 60/8






COMMISSION DECISION

of 28 February 2013
appointing members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals and patient organisations
(Text with EEA relevance)
2013/C 60/03
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to 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 (1), and in particular Article 61a(1) thereof,
Whereas:






(1)


Article 61a(1) of Regulation (EC) No 726/2004 requires that the Commission appoints representatives of healthcare professionals and patient organisations to the European Medicines Agency Pharmacovigilance Risk Assessment Committee.










(2)


In accordance with Article 61a(1) of Regulation (EC) No 726/2004, a public call for expression of interest has been undertaken by the Commission. The European Parliament has been consulted on the results of the evaluation of the applications received in the framework of this call for expression of interest.










(3)


The members and alternates of the Committee shall be appointed for a period of three years starting on 1 March 2013, which may be prolonged once,




HAS ADOPTED THIS DECISION:
Sole Article
1.   The following are hereby appointed members and alternates of the Pharmacovigilance Risk Assessment Committee to represent healthcare professionals for a term of three years from 1 March 2013:






—


Member: Filip Babylon,










—


Alternate: Kirsten Myhr.




2.   The following are hereby appointed members and alternates of the Committee to represent patient organisations for a term of three years from 1 March 2013:






—


Member: Albert van der Zeijden,










—


Alternate: Marco Greco.





Done at Brussels, 28 February 2013.


For the Commission, On behalf of the President,

Tonio BORG


Member of the Commission





(1)  OJ L 136, 30.4.2004, p. 1.
Notice of the expiry of certain anti-dumping measures
Date: 2013-02-28
Institutions: European Commission
Subjects: Egypt, Kazakhstan, anti-dumping duty, ferro-alloy, import (EU), originating product, semi-metal








C_2013058EN.01000501.xml










28.2.2013   


EN


Official Journal of the European Union


C 58/5





Notice of the expiry of certain anti-dumping measures
2013/C 58/05
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Ferro-silicon


Egypt and Kazakhstan


Anti-dumping duty


Council Regulation (EC) No 172/2008 (OJ L 55, 28.2.2008, p. 6) as amended by Council Implementing Regulation (EU) No 1297/2009 (OJ L 351, 30.12.2009, p. 1)


1.3.2013






(1)  OJ C 186, 26.6.2012, p. 8.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.
Case C-171/12 P: Order of the Court (Seventh Chamber) of 28 February 2013 — Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Giulio Gambettola (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 51(1)(b) — Community figurative mark Pollo Tropical CHICKEN ON THE GRILL — Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL — Absolute grounds for invalidity — Bad faith — Inadmissibility)
Date: 2013-02-28
Institutions: Court of Justice
Subjects: infringement of EU law, right to justice, trade-mark law








C_2013129EN.01000302.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/3





Order of the Court (Seventh Chamber) of 28 February 2013 — Carrols Corp. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Giulio Gambettola
(Case C-171/12 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 51(1)(b) - Community figurative mark Pollo Tropical CHICKEN ON THE GRILL - Application for a declaration of invalidity submitted by the proprietor of the national figurative mark Pollo Tropical CHICKEN ON THE GRILL and the national word mark POLLO TROPICAL - Absolute grounds for invalidity - Bad faith - Inadmissibility)
2013/C 129/05
Language of the case: Spanish

Parties


Appellant: Carrols Corp. (represented by: I. Temiño Ceniceros, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Giulio Gambettola (represented by: F. Brandolini Kujman, abogado)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 1 February 2012 in Case T-291/09 Carrols Corp. v OHIM, by which that Court dismissed an application for annulment of the decision of the First Board of Appeal of OHIM of 7 May 2009 (Case R 632/2008-1), relating to invalidity proceedings between Carrols Corp. and Mr Giulio Gambettola

Operative part of the order







1.


The appeal is dismissed.










2.


Carrols Corp. shall pay the costs.






(1)  OJ C 174, 16.6.2012.
Case C-473/10: Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Development of the Community’s railways — Allocation of railway infrastructure capacity — Levying of charges for the use of railway infrastructure — Directives 91/440/EEC and 2001/14/EC — Incomplete transposition)
Date: 2013-02-28
Institutions: Court of Justice
Subjects: Hungary, charges for use of infrastructure, infringement of EU law, national implementing measure, rail transport, transport infrastructure








C_2013114EN.01000502.xml










20.4.2013   


EN


Official Journal of the European Union


C 114/5





Judgment of the Court (First Chamber) of 28 February 2013 — European Commission v Hungary
(Case C-473/10) (1)

(Failure of a Member State to fulfil obligations - Development of the Community’s railways - Allocation of railway infrastructure capacity - Levying of charges for the use of railway infrastructure - Directives 91/440/EEC and 2001/14/EC - Incomplete transposition)
2013/C 114/04
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: H. Støvlbæk, B. Simon and A. Sipos, acting as Agents)

Defendant: Hungary (represented by: M. Fehér, G. Koós and K. Szíjjártó, acting as Agents)

Interveners in support of the defendants: Czech Republic (represented by M. Smolek, T. Müller and J. Očková, acting as Agents), Republic of Poland, (represented by M. Szpunar, B. Majczyna and M. Laszuk, acting as Agents)

Re:

Failure of a State to fulfil obligations — Failure to adopt, within the prescribed period, all the measures necessary to comply with Article 6(3) of and Annex II to Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways (OJ 1991 L 237, p. 25) and Articles 4(2), 6(1) and (2), 7(3), 11 and 14(2) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29)

Operative part of the judgment

The Court:






1.


Declares that, by failing, within the period prescribed, to bring into force all the laws, regulations and administrative provisions necessary to comply with Article 6(1) and (2) and Article 7(3) of Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure, as amended by Directive 2007/58/EC of the European Parliament and of the Council of 23 October 2007, Hungary has failed to comply with its obligations under those provisions;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission and Hungary to bear their own costs;










4.


Orders the Czech Republic and the Republic of Poland to bear their own costs.






(1)  OJ C 328, 4.12.2010.