do-me/EUR-LEX huggingface dataset:
Case T-177/13: Action brought on 18 March 2013 — TestBioTech and Others/Commission
Date: 2013-03-18
Institutions: General Court
Subjects: European Food Safety Authority, market approval, soya bean, transgenic plant








C_2013178EN.01001101.xml










22.6.2013   


EN


Official Journal of the European Union


C 178/11





Action brought on 18 March 2013 — TestBioTech and Others/Commission
(Case T-177/13)
2013/C 178/20
Language of the case: English

Parties


Applicants: TestBioTech eV (Munich, Germany); European Network of Scientists for Social and Environmental Responsibility eV (Braunschweig, Germany); and Sambucus eV (Vahlde, Germany) (represented by: K. Smith, QC, J. Stevenson, Barrister)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


Declare the application admissible;










—


Annul the decision of the Commission of 8 January 2013, which rejected the applicants’ requests for Internal Review of the Commission Decision No 2012/347/EU of 28 June 2012, granting a market authorisation under Regulation No 1829/2003 on genetically modified food and feed to Monsanto Europe SA for its genetically modified soybean ‘MON 87701 x MON 89788’;










—


Order the Commission to pay the applicants’ costs; and










—


Order any other measure deemed appropriate.





Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.






1.


First plea in law, alleging that EFSA’s assessment that the Soybean is ‘substantially equivalent’ to its appropriate comparators is unlawful, is based on a scientific assessment which was not carried out in accordance with its own guidance, and/or is based on a manifest error of assessment.










2.


Second plea in law, alleging that EFSA’s failure to give adequate or any consideration to the potential synergistic/combinatorial effects between the Soybean and other factors, and/or to require an adequate toxicity assessment to be conducted is contrary to its own guidance, legal obligations and/or it constitutes a manifest error of assessment.










3.


Third plea in law, alleging that EFSA’s failure to require an adequate immunological assessment to be carried out is contrary to its own guidance, legal obligations and/or constitutes a manifest error of assessment.










4.


Fourth plea in law, alleging that EFSA’s determination that no post-market authorisation monitoring of the consumption of the Soybean is manifestly in error and/or is vitiated by the flaws identified in the first three pleas.
Case C-128/13: Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 18 March 2013 — Cruz & Companhia Lda v IFAP — Instituto de Financiamento da Agricultura e Pescas, IP and Others
Date: 2013-03-18
Institutions: Court of Justice
Subjects: agricultural product, export (EU), export refund








C_2013171EN.01001101.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/11





Request for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 18 March 2013 — Cruz & Companhia Lda v IFAP — Instituto de Financiamento da Agricultura e Pescas, IP and Others
(Case C-128/13)
2013/C 171/21
Language of the case: Portuguese

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings


Applicant: Cruz & Companhia Lda

Defendants: IFAP — Instituto de Financiamento da Agricultura e Pescas, IP and Caixa Central — Caixa Central de Crédito Agrícola Mútuo, CRL

Questions referred

The Court of Justice of the European Union is requested to give a preliminary ruling, in the light of the arguments of the parties, on the interpretation to be given to Article 4(1) of Commission Regulation (EEC) No 3665/87 of 27 November 1987 (1) and Article 19(1)(a) of Commission Regulation (EEC) No 2220/85 of 22 July 1985, (2) in relation to the ‘release’ of the security provided in the context of Article 22(1) of Commission Regulation (EEC) No 3665/87.


(1)  Commission Regulation (EEC) No 3665/87 of 27 November 1987 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1987 L 351, p. 1).

(2)  Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the application of the system of securities for agricultural products (OJ 1985 L 205, p. 5).
2013/143/EU: Council Decision of 18 March 2013 appointing two Swedish members and a Swedish alternate member of the Committee of the Regions
Date: 2013-03-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Sweden, appointment of members








L_2013082EN.01005301.xml










22.3.2013   


EN


Official Journal of the European Union


L 82/53








            COUNCIL DECISION
         
of 18 March 2013
         
appointing two Swedish members and a Swedish alternate member of the Committee of the Regions
(2013/143/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 Swedish 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)


Two members’ seats have become vacant following the end of the terms of office of Ms Britt-Marie LÖVGREN and Ms Annelie STARK. An alternate member’s seat has become vacant following the end of the term of office of Mr Tore HULT,





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 members:






—


Mr Tore HULT, Ledamot i kommunfullmäktige, Alingsås kommun,










—


Ms Ulrika CARLEFALL LANDERGREN, Ledamot i kommunfullmäktige, Kungsbacka kommun;




and










(b)


as alternate member:






—


Mr Anders ROSÉN, Ledamot i kommunfullmäktige, Halmstads kommun.










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




Done at Brussels, 18 March 2013.


For the Council


The President

S. COVENEY
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Commission Implementing Regulation (EU) No 266/2013 of 18 March 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Münchener Bier (PGI))
Date: 2013-03-18
Institutions: European Commission
Subjects: Germany, beer, designation of origin, non-alcoholic beverage, product designation








L_2013082EN.01003601.xml










22.3.2013   


EN


Official Journal of the European Union


L 82/36








            COMMISSION IMPLEMENTING REGULATION (EU) No 266/2013
of 18 March 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Münchener Bier (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Germany’s application for the approval of amendments to the specification for the protected geographical indication ‘Münchener Bier’ registered under Commission Regulation (EC) No 1107/96 (3), as amended by Regulation (EC) No 1549/98 (4).












(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (5), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 148, 21.6.1996, p. 1.

(4)  
            OJ L 202, 18.7.1998, p. 25.

(5)  
            OJ C 140, 16.5.2012, p. 8.




ANNEX
Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

Class 2.1.   Beer

GERMANY
Münchener Bier (PGI)
2013/140/EU: Council Decision of 18 March 2013 appointing an Austrian alternate member of the Committee of the Regions
Date: 2013-03-18
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2013077EN.01002301.xml










20.3.2013   


EN


Official Journal of the European Union


L 77/23








            COUNCIL DECISION
         
of 18 March 2013
         
appointing an Austrian alternate member of the Committee of the Regions
(2013/140/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 from the Austrian Government,

Whereas:







(1)


On 22 December 2009 and 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)


An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Elisabeth GROSSMANN,





HAS ADOPTED THIS DECISION:



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






—


Mr Michael SCHICKHOFER, Landesrat.






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




Done at Brussels, 18 March 2013.


For the Council


The President

S. COVENEY
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-217/09: Order of the General Court of 18 March 2013 — Mitteldeutsche Flughafen and Flughafen Dresden v Commission
Date: 2013-03-18
Institutions: General Court
Subjects: Germany, State aid, airport, control of State aid








C_2013141EN.01002602.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/26





Order of the General Court of 18 March 2013 — Mitteldeutsche Flughafen and Flughafen Dresden v Commission
(Case T-217/09) (1)

2013/C 141/48
Language of the case: German
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 180, 1.8.2009.
Case C-137/13: Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany) lodged on 18 March 2013 — Herbaria Kräuterparadies GmbH v Freistaat Bayern
Date: 2013-03-18
Institutions: Court of Justice
Subjects: food supplement, foodstuffs legislation, labelling, organic product








C_2013171EN.01001401.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/14





Request for a preliminary ruling from the Bayerisches Verwaltungsgericht München (Germany) lodged on 18 March 2013 — Herbaria Kräuterparadies GmbH v Freistaat Bayern
(Case C-137/13)
2013/C 171/27
Language of the case: German

Referring court

Bayerisches Verwaltungsgericht München

Parties to the main proceedings


Applicant: Herbaria Kräuterparadies GmbH

Defendant: Freistaat Bayern

Questions referred







1.


Is Article 27(1)(f) of Regulation (EC) No 889/2008 (1) to be interpreted as meaning that the use of the substances referred to is legally required only when a provision of European Union law or a provision of national law compatible with European Union law directly requires, in respect of the foodstuff in which the substances referred to are to be incorporated, that the substances referred to be added or at least lays down a minimum content in respect of the substances referred to, which should be incorporated?










2.


Should the first question be answered in the negative: Is Article 27(1)(f) of Regulation (EC) No 889/2008 to be understood as meaning that the use of the substances referred to is also legally required where the marketing of a foodstuff as a food supplement or bearing health claims would, without the addition of at least one of the substances referred to, tend to mislead the consumer because the foodstuff cannot, in the absence of one of the substances referred to in sufficient strength, fulfil its stated purpose as a foodstuff or its stated purpose as expressed by the health claim?










3.


Should the first question be answered in the negative: Is Article 27(1)(f) of Regulation (EC) No 889/2008 to be understood as meaning that the use of the substances referred to is also legally required where a specific health claim may be used only for foodstuffs which contain a certain, so-called significant, amount of at least one of the substances referred to?






(1)  Commission Regulation (EC) No 889/2008 of 5 September 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control (OJ 2008 L 250, p. 1).
Case T-167/13: Action brought on 18 March 2013 — Comune di Milano v Commission
Date: 2013-03-18
Institutions: General Court
Subjects: Italy, State aid, aid to undertakings, airport, capital increase, common market, infringement of EU law








C_2013129EN.01002901.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/29





Action brought on 18 March 2013 — Comune di Milano v Commission
(Case T-167/13)
2013/C 129/54
Language of the case: Italian

Parties


Applicant: Comune di Milano (Italy) (represented by: S. Grassani and A. Franchi, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision C(2012) 9448 of 19 December 2012 concerning the capital injections made by SEA S.p.A. to SEA Handling S.p.A.;










—


in the alternative, having investigated the existence of specific exceptional circumstances which gave rise to a legitimate expectation on the part of the applicant that the capital injections would not constitute State aid within the meaning of Article 107(1) [TFEU], annul Articles 3, 4 and 5 of the Decision which oblige Italy to recover the aid;










—


order the Commission to pay the costs of the present proceedings.





Pleas in law and main arguments

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






1.


By the first plea in law, alleging infringement and misapplication of Article 107(1) TFEU, the Comune di Milano claims that the Decision is flawed in so far as the Commission found the measures at issue to be attributable to the Comune (and accordingly to the State). According to the Comune, the Commission has not provided any evidence of this, with the result that the measures at issue cannot be categorised as State aid.










2.


By the second plea in law, also alleging infringement and misapplication of Article 107(1) TFEU, the Comune di Milano claims that the Decision is incorrect in so far as the Commission found that, in the circumstances, the ‘private market-economy investor’ test had not been satisfied. On the contrary, that test was fully satisfied, and the beneficiary of the measures did not derive any advantage from those measures, which means that the measures at issue cannot be categorised as State aid.










3.


By the third plea in law, the Comune di Milano alleges breach and misapplication of the Guidelines for rescuing and restructuring firms in difficulty and of the Guidelines for the airport sector and, consequently, that the conclusions reached by the Commission concerning the alleged incompatibility of the measures at issue are unlawful.










4.


By the fourth plea in law, divided into two limbs, the Comune alleges, with reference to the Commission’s conduct during the investigation procedure, breach of (i) the principle of sound administration, the right to be heard and the rights of the defence and (ii) the principle of legitimate expectations — and claims that, in consequence, the recovery order is unlawful.
Commission Implementing Regulation (EU) No 269/2013 of 18 March 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Danablu (PGI))
Date: 2013-03-18
Institutions: European Commission
Subjects: Denmark, blue-veined cheese, cows’ milk cheese, designation of origin, product designation








L_2013082EN.01004501.xml










22.3.2013   


EN


Official Journal of the European Union


L 82/45








            COMMISSION IMPLEMENTING REGULATION (EU) No 269/2013
of 18 March 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Danablu (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Denmark’s application for the approval of amendments to the specification for the protected geographical indication ‘Danablu’, registered in accordance with Commission Regulation (EC) No 1107/96 (3), as amended by Regulation (EC) No 828/2003 (4).












(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (5), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 148, 21.6.1996, p. 1.

(4)  
            OJ L 120, 15.5.2003, p. 3.

(5)  
            OJ C 150, 26.5.2012, p. 13.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

DENMARK
Danablu (PGI)
Commission Implementing Regulation (EU) No 263/2013 of 18 March 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Alto Adige/Südtiroler Apfel (PGI))
Date: 2013-03-18
Institutions: European Commission
Subjects: Italy, designation of origin, pip fruit, product designation








L_2013082EN.01002601.xml










22.3.2013   


EN


Official Journal of the European Union


L 82/26








            COMMISSION IMPLEMENTING REGULATION (EU) No 263/2013
of 18 March 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Alto Adige/Südtiroler Apfel (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Regulation (EU) No 1151/2012 entered into force on 3 January 2013. It repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (2).












(2)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected geographical indication ‘Mela Alto Adige/Südtiroler Apfel’ registered under Commission Regulation (EC) No 1855/2005 (3).












(3)


Since the amendments in question are not minor, the Commission published the amendment application in the Official Journal of the European Union (4), as required by Article 6(2) of Regulation (EC) No 510/2006. As no statement of objection under Article 7 of that Regulation has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 March 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 93, 31.3.2006, p. 12.

(3)  
            OJ L 297, 15.11.2005, p. 5.

(4)  
            OJ C 125, 28.4.2012, p. 5.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Mela Alto Adige/Südtiroler Apfel (PGI)