do-me/EUR-LEX huggingface dataset:
Case T-158/13: Action brought on 15 March 2013 — Iralco v Council
Date: 2013-03-15
Institutions: General Court
Subjects: Iran, common foreign and security policy, international sanctions, ownership, right to justice, rights of the defence








C_2013147EN.01002401.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/24





Action brought on 15 March 2013 — Iralco v Council
(Case T-158/13)
2013/C 147/43
Language of the case: English

Parties


Applicant: Iranian Aluminum Co. (Iralco) (Tehran, Iran) (represented by: S. Millar and S. Ashley, Solicitors, and M. Lester, Barrister)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Decision 2012/829/CFSP of 21 December 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, and Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran, in so far as the contested acts include the applicant; and,










—


Order the Council to bear the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Council has failed to give adequate or sufficient reasons for designating the applicant.










2.


Second plea in law, alleging that the Council has failed to safeguard the applicant’s rights of defence and to effective judicial review.










3.


Third plea in law, alleging that the Council erred manifestly in considering that any of the criteria for listing were fulfilled.










4.


Fourth plea in law, alleging that the Council’s decision to designate the applicant has infringed, without justification or proportion, the applicant’s fundamental rights, including its right to protection of its property, business and reputation.
Euro exchange rates
Date: 2013-03-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2013077EN.01001701.xml










15.3.2013   


EN


Official Journal of the European Union


C 77/17





Euro exchange rates (1)

14 March 2013
2013/C 77/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2937




JPY


Japanese yen


124,79




DKK


Danish krone


7,4575




GBP


Pound sterling


0,86570




SEK


Swedish krona


8,3784




CHF


Swiss franc


1,2347




ISK


Iceland króna


 




NOK


Norwegian krone


7,5320




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,615




HUF


Hungarian forint


305,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7013




PLN


Polish zloty


4,1549




RON


Romanian leu


4,3981




TRY


Turkish lira


2,3456




AUD


Australian dollar


1,2495




CAD


Canadian dollar


1,3279




HKD


Hong Kong dollar


10,0370




NZD


New Zealand dollar


1,5811




SGD


Singapore dollar


1,6193




KRW


South Korean won


1 438,38




ZAR


South African rand


11,9594




CNY


Chinese yuan renminbi


8,0415




HRK


Croatian kuna


7,5846




IDR


Indonesian rupiah


12 553,58




MYR


Malaysian ringgit


4,0246




PHP


Philippine peso


52,574




RUB


Russian rouble


39,8412




THB


Thai baht


38,358




BRL


Brazilian real


2,5460




MXN


Mexican peso


16,0628




INR


Indian rupee


70,3340






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 43/2013 of 15 March 2013 amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, arrangement of working time, noise level, occupational safety, revision of an agreement




L_2013231EN.01001701.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/17








            DECISION OF THE EEA JOINT COMMITTEE
         
No 43/2013
of 15 March 2013
         
amending Annex XVIII (Health and safety at work, labour law, and equal treatment for men and women) 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)


Council Directive 77/576/EEC (1) was repealed by Council Directive 92/58/EEC (2), which are both incorporated into the EEA Agreement, and consequently the reference to Directive 77/576/EEC should be deleted from the EEA Agreement.












(2)


Council Directive 86/188/EEC (3) was repealed by Directive 2003/10/EC of the European Parliament and of the Council (4), which are both incorporated into the EEA Agreement, and consequently the reference to Directive 86/188/EEC should be deleted from the EEA Agreement.












(3)


Council Directive 93/104/EC (5) was repealed by Directive 2003/88/EC of the European Parliament and of the Council (6), which are both incorporated into the EEA Agreement, and consequently the reference to Directive 93/104/EC should be deleted from the EEA Agreement.












(4)


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





HAS ADOPTED THIS DECISION:



Article 1
The texts of points 1 (Council Directive 77/576/EEC), 6 (Council Directive 86/188/EEC) and 28 (Council Directive 93/104/EC) of Annex XVIII to the EEA Agreement are deleted.


Article 2
This Decision shall enter into force on 16 March 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, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 229, 7.9.1977, p. 12.

(2)  
            OJ L 245, 26.8.1992, p. 23.

(3)  
            OJ L 137, 24.5.1986, p. 28.

(4)  
            OJ L 42, 15.2.2003, p. 38.

(5)  
            OJ L 307, 13.12.1993, p. 18.

(6)  
            OJ L 299, 18.11.2003, p. 9.

(*1)  No constitutional requirements indicated.
Case T-160/13: Action brought on 15 March 2013 — Bank Mellat v Council
Date: 2013-03-15
Institutions: General Court
Subjects: common foreign and security policy, free movement of capital, international sanctions, legal basis, ownership, principle of legal certainty, principle of proportionality








C_2013147EN.01002501.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/25





Action brought on 15 March 2013 — Bank Mellat v Council
(Case T-160/13)
2013/C 147/45
Language of the case: English

Parties


Applicant: Bank Mellat (Tehran, Iran) (represented by: S. Zaiwalla, P. Reddy, F. Zaiwalla, Solicitors, D. Wyatt, QC, and R. Blakeley, Barrister)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Article 1(15) of Council Regulation (EU) No 1263/2012 (1); and/or










—


Annul Article 1(15) of Council Regulation (EU) No 1263/2012 in so far as it applies to the applicant; and










—


Declare Article 1(6) of Council Decision 2012/635/CFSP (2) inapplicable to the applicant; and










—


Order the defendant to pay the costs of this application.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Financial Embargo is not a ‘necessary measure’ and so lacks any legal basis under Article 215 TFEU in that it is not rationally connected with the relevant foreign policy aim.










2.


Second plea in law, alleging that the Financial Embargo is in any event disproportionate to the foreign policy aim allegedly pursued and accordingly lacks any legal basis under Article 215 TFEU.










3.


Third plea in law, alleging that the Financial Embargo is contrary to the general principles of EU law and Article 215(3) TFEU in particular, it is contrary to the principles of proportionality, legal certainty, non–arbitrariness and the requirement that sanctions contain necessary legal safeguards.










4.


Fourth plea in law, alleging that the Financial Embargo violates the applicant’s property rights, rights to trade and rights to free movement of capital and the principle of proportionality.






(1)  Council Regulation (EU) No 1263/2012 of 21 December 2012 amending Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2012 L 356, p. 34)

(2)  Council Decision 2012/635/CFSP of 15 October 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2012 L 282, p. 58)
Case C-122/13: Request for a preliminary ruling from the Tribunale Ordinario di Firenze (Italy) lodged on 15 March 2013 — Paola C. v Presidenza del Consiglio dei Ministri
Date: 2013-03-15
Institutions: Court of Justice
Subjects: Italy, help for victims, indemnification, interpretation of the law








C_2013141EN.01001503.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/15





Request for a preliminary ruling from the Tribunale Ordinario di Firenze (Italy) lodged on 15 March 2013 — Paola C. v Presidenza del Consiglio dei Ministri
(Case C-122/13)
2013/C 141/28
Language of the case: Italian

Referring court

Tribunale Ordinario di Firenze

Parties to the main proceedings


Applicant: Paola C.

Defendant: Presidenza del Consiglio dei Ministri

Question referred

Must Article 12 of Directive 2004/80/EC (1) be interpreted as permitting Member States to make provision for compensation only for the victims of certain categories of violent or intentional crime or, instead, as imposing an obligation on Member States, for the purposes of the implementation of the directive, to adopt a compensation scheme for victims of all violent or intentional crime?


(1)  Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims (OJ 2004 L 261, p. 15).
Decision of the EEA Joint Committee No 38/2013 of 15 March 2013 amending Annex VI (Social security) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, hospital expenses, organ transplantation, revision of an agreement, social-security harmonisation




L_2013231EN.01001201.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/12








            DECISION OF THE EEA JOINT COMMITTEE
         
No 38/2013
of 15 March 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)


Recommendation No S1 of 15 March 2012 concerning financial aspects of cross-border living organ donations (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 11.2 (Recommendation No U2) of Annex VI to the EEA Agreement:






‘11.3.



32012 H 0810(01): Recommendation No S1 of 15 March 2012 concerning financial aspects of cross-border living organ donations (OJ C 240, 10.8.2012, p. 3).’.






Article 2
The text of Recommendation No S1 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 16 March 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, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ C 240, 10.8.2012, p. 3.

(*1)  No constitutional requirements indicated.
Commission Implementing Regulation (EU) No 236/2013 of 15 March 2013 fixing the amount of private storage aid for certain fishery products in the 2013 fishing year
Date: 2013-03-15
Institutions: European Commission
Subjects: EU aid, financial aid, fishery product, private stock, storage premium








L_2013074EN.01001901.xml










16.3.2013   


EN


Official Journal of the European Union


L 74/19








            COMMISSION IMPLEMENTING REGULATION (EU) No 236/2013
of 15 March 2013
         
fixing the amount of private storage aid for certain fishery products in the 2013 fishing year


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1),


Having regard to Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products (2), and in particular Article 1 thereof,

Whereas:







(1)


Private storage aid should not exceed the sum of technical and financial costs recorded in the Union during the fishing year preceding the year in question.












(2)


To discourage long-term storage, to shorten payment times and to reduce the burden of controls, private storage aid should be paid in one single instalment.












(3)


In order not to hinder the operation of the intervention system in the year 2013, this Regulation should apply retroactively from 1 January 2013.












(4)


The measures provided for in this Regulation are in accordance with the Committee established by Regulation (EC) No 104/2000,





HAS ADOPTED THIS REGULATION:



Article 1
For the 2013 fishing year the amount of private storage aid, referred to in Article 25 of Regulation (EC) No 104/2000, for the products listed in Annex II to that Regulation shall be as follows:






—


first month: EUR 224 per tonne;










—


second month: EUR 0 per tonne.






Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 March 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 17, 21.1.2000, p. 22.

(2)  
            OJ L 326, 22.12.2000, p. 30.
Decision of the EEA Joint Committee No 35/2013 of 15 March 2013 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: European Economic Area, animal product, cattle, fish, foodstuff, market approval, revision of an agreement, veterinary drug




L_2013231EN.01001001.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/10








            DECISION OF THE EEA JOINT COMMITTEE
         
No 35/2013
of 15 March 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 Implementing Regulation (EU) No 436/2012 of 23 May 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance azamethiphos (1) is to be incorporated into the EEA Agreement.












(2)


Commission Implementing Regulation (EU) No 466/2012 of 1 June 2012 amending the Annex to Regulation (EU) No 37/2010 on pharmacologically active substances and their classification regarding maximum residue limits in foodstuffs of animal origin, as regards the substance clorsulon (2) is to be incorporated into the EEA Agreement.












(3)


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





HAS ADOPTED THIS DECISION:



Article 1
The following indents are added in point 13 (Commission Regulation (EU) No 37/2010) of Chapter XIII of Annex II to the EEA Agreement:






‘—



32012 R 0436: Commission Implementing Regulation (EU) No 436/2012 of 23 May 2012 (OJ L 134, 24.5.2012, p. 10).










—



32012 R 0466: Commission Implementing Regulation (EU) No 466/2012 of 1 June 2012 (OJ L 143, 2.6.2012, p. 2).’






Article 2
The texts of Implementing Regulations (EU) No 436/2012 and (EU) No 466/2012 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 16 March 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, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 134, 24.5.2012, p. 10.

(2)  
            OJ L 143, 2.6.2012, p. 2.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 46/2013 of 15 March 2013 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2013-03-15
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, applied sciences, revision of an agreement, technology




L_2013231EN.01002001.xml










29.8.2013   


EN


Official Journal of the European Union


L 231/20








            DECISION OF THE EEA JOINT COMMITTEE
         
No 46/2013
of 15 March 2013
         
amending Annex XXI (Statistics) 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 995/2012 of 26 October 2012 laying down detailed rules for the implementation of Decision No 1608/2003/EC of the European Parliament and of the Council concerning the production and development of Community statistics on science and technology (1) is to be incorporated into the EEA Agreement.












(2)


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





HAS ADOPTED THIS DECISION:



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






(1)


the text of point 30 (Commission Regulation (EC) No 753/2004) is replaced by the following:

                              ‘
                              32012 R 0995: Commission Implementing Regulation (EU) No 995/2012 of 26 October 2012 laying down detailed rules for the implementation of Decision No 1608/2003/EC of the European Parliament and of the Council concerning the production and development of Community statistics on science and technology (OJ L 299, 27.10.2012, p. 18).’;










(2)


the text of point 31 (Commission Regulation (EC) No 1450/2004) is deleted.






Article 2
The text of Implementing Regulation (EU) No 995/2012 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 16 March 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, 15 March 2013.


For the EEA Joint Committee


The President

Gianluca GRIPPA
            





(1)  
            OJ L 299, 27.10.2012, p. 18.

(*1)  No constitutional requirements indicated.
Case T-178/13: Action brought on 15 March 2013 — Jaczewski v Commission
Date: 2013-03-15
Institutions: General Court
Subjects: aid to agriculture, equal treatment, farmers' income, single payment scheme








C_2013156EN.01004602.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/46





Action brought on 15 March 2013 — Jaczewski v Commission
(Case T-178/13)
2013/C 156/86
Language of the case: Polish

Parties


Applicant: Grzegorz Jaczewski (Bielany, Poland) (represented by: M. Goss, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


partially annul the European Commission implementing decision of 24 July 2012 (notified under document No C(2012) 5049) approving the grant of complementary national direct payments in Poland for 2012 pursuant to Article 132 of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, which decision has introduced the application of modulation to complementary national direct payments exceeding EUR 5 000.





Pleas in law and main arguments

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






1.


The first plea in law alleges that the Commission infringed the principle of the hierarchy of legal rules by adopting measures contrary to Article 132 of Regulation No 73/2009, in light of the application of Article 7(1), in conjunction with Article 10, of that regulation, in that it applied modulation to complementary national direct payments although the modulation mechanism is not applicable in new Member States in respect of 2012.










2.


The second plea in law alleges infringement of the principle of equal treatment and of Article 39 TFEU in conjunction with the second subparagraph of Article 40(2) thereof, given that the application of modulation in relation to complementary national direct payments leads to the amounts paid to farmers in the new Member States being reduced to a level lower than the amounts paid to their counterparts in Member States other than new Member States and that account was not taken, when the contested decision was adopted, of the diversity of the situations in individual regions of the European Union.