do-me/EUR-LEX huggingface dataset:
Case C-138/13: Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 19 March 2013 — Naime Dogan v Federal Republic of Germany
Date: 2013-03-19
Institutions: Court of Justice
Subjects: Türkiye, family migration, foreign national, protocol to an agreement, use of languages








C_2013171EN.01001402.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/14





Request for a preliminary ruling from the Verwaltungsgericht Berlin (Germany) lodged on 19 March 2013 — Naime Dogan v Federal Republic of Germany
(Case C-138/13)
2013/C 171/28
Language of the case: German

Referring court

Verwaltungsgericht Berlin

Parties to the main proceedings


Applicant: Naime Dogan

Defendant: Federal Republic of Germany

Questions referred







1.


Does Article 41(1) of the Additional Protocol of 23 November 1970 to the Agreement of 12 September 1963 establishing an Association between the European Economic Community and Turkey for the transitional stage of the Association (Additional Protocol) preclude a provision of national law which was introduced for the first time after the abovementioned provisions had come into force and which makes the first entry of a member of the family of a Turkish national who enjoys the legal status under Article 41(1) of the Additional Protocol conditional on the requirement that, prior to entry, the family member can demonstrate the ability to communicate, in a basic way, in the German language?










2.


Does the first subparagraph of Article 7(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (1) preclude the provision of national law mentioned in Question 1?






(1)  OJ 2003 L 251, p. 12.
Non-opposition to a notified concentration (Case COMP/M.6809 — Daimler/Mercedes-Benz Österreich Vertriebsgesellschaft/Mercedes-Benz Financial Services Austria/Mercedes-Benz Hungaria)  Text with EEA relevance
Date: 2013-03-19
Institutions: European Commission
Subjects: bus, economic concentration, financial services, merger control, motor vehicle industry








C_2013080EN.01001002.xml










19.3.2013   


EN


Official Journal of the European Union


C 80/10





Non-opposition to a notified concentration
(Case COMP/M.6809 — Daimler/Mercedes-Benz Österreich Vertriebsgesellschaft/Mercedes-Benz Financial Services Austria/Mercedes-Benz Hungaria)
(Text with EEA relevance)
2013/C 80/04
On 12 March 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6809. EUR-Lex is the on-line access to the European law.
Case T-624/11: Judgment of the General Court of 19 March 2013 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO) (Community trade mark — Opposition proceedings — International registration designating the European Community — Figurative mark ONESTO — Earlier Community figurative mark ENSTO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-03-19
Institutions: General Court
Subjects: EU trade mark, electrical industry, registered trade mark, trade-mark law








C_2013129EN.01001901.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/19





Judgment of the General Court of 19 March 2013 — Yueqing Onesto Electric v OHIM — Ensto (ONESTO)
(Case T-624/11) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark ONESTO - Earlier Community figurative mark ENSTO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 129/37
Language of the case: English

Parties


Applicant: Yueqing Onesto Electric Co. Ltd (Zhejiang, China) (represented by: B. Piepenbrink, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ensto Oy (Porvoo, Finland) (represented by: F. Teixeira Baptista, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 September 2011 (Case R 2535/2010-2), concerning opposition proceedings between Ensto Oy and Yueqing Onesto Electric Co. Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Yueqing Onesto Electric Co. Ltd to pay the costs.






(1)  OJ C 32, 4.2.2012.
Commission Implementing Regulation (EU) No 248/2013 of 19 March 2013 on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2013-03-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2013077EN.01001401.xml










20.3.2013   


EN


Official Journal of the European Union


L 77/14








            COMMISSION IMPLEMENTING REGULATION (EU) No 248/2013
of 19 March 2013
         
on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of March 2013 for the subperiod from 1 April to 30 June 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 April to 30 June 2013 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 20 March 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2013.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2013-30.6.2013
(%)




P1


09.4067


9,733479 




P3


09.4069


0,329972
Case T-301/10: Judgment of the General Court of 19 March 2013 — in ‘t Veld v Commission (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) — Negotiating documents — Refusal to grant access — Exception relating to the protection of the public interest with regard to international relations — Manifest error of assessment — Proportionality — Obligation to state reasons)
Date: 2013-03-19
Institutions: General Court
Subjects: access to EU information, industrial counterfeiting, international agreement, international relations, principle of proportionality, trade agreement








C_2013129EN.01001401.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/14





Judgment of the General Court of 19 March 2013 — in ‘t Veld v Commission
(Case T-301/10) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA) - Negotiating documents - Refusal to grant access - Exception relating to the protection of the public interest with regard to international relations - Manifest error of assessment - Proportionality - Obligation to state reasons)
2013/C 129/26
Language of the case: English

Parties


Applicant: Sophie in ‘t Veld (Brussels, Belgium) (represented by: O.W. Brouwer and J. Blockx, lawyers)

Defendant: European Commission (represented initially by: C. Hermes and C. ten Dam, and subsequently by: Mr Hermes and F. Clotuche-Duvieusart, acting as Agents)

Re:

Application, initially, for partial annulment of the Commission Decision of 4 May 2010, reference SG.E.3/HP/psi — Ares(2010)234950, in so far as it refused access to certain documents relating to the draft international Anti-Counterfeiting Trade Agreement (ACTA).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision of 4 May 2010, reference SG.E.3/HP/psi — Ares(2010)234950, in so far as it refuses to grant access to documents 21 and 25 of the list annexed to that decision and to the following redactions made on other documents of that list:






—


document 45, page 2, under the heading ‘Participants’, second paragraph, last sentence;










—


document 47, page 1, under ‘Participants’ second paragraph, last sentence;










—


document 47, page 2, under ‘1. Digital Environment (including Internet)’, second paragraph, last sentence;










—


document 48, page 2, the paragraph under Section 4, end of sentence.














2.


Dismisses the remainder of the action.










3.


Orders Sophie in ‘t Veld to bear half of her own costs and half of the costs of the European Commission.










4.


Orders the Commission to bear half of its costs and half of Ms in ‘t Veld’s costs.






(1)  OJ C 260, 25.9.2010.
Commission Implementing Regulation (EU) No 249/2013 of 19 March 2013 on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2013-03-19
Institutions: European Commission
Subjects: egg, egg product, import (EU), import licence, tariff quota








L_2013077EN.01001601.xml










20.3.2013   


EN


Official Journal of the European Union


L 77/16








            COMMISSION IMPLEMENTING REGULATION (EU) No 249/2013
of 19 March 2013
         
on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of March 2013 for the subperiod from 1 April to 30 June 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 April to 30 June 2013 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 March 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2013.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2013-30.6.2013
(%)




E2


09.4401


35,679089
Prior notification of a concentration (Case COMP/M.6879 — Mitsui Group/Gestamp Automoción/Target Companies) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-03-19
Institutions: European Commission
Subjects: economic concentration, merger control, metallurgical industry, motor vehicle industry








C_2013080EN.01001501.xml










19.3.2013   


EN


Official Journal of the European Union


C 80/15





Prior notification of a concentration
(Case COMP/M.6879 — Mitsui Group/Gestamp Automoción/Target Companies)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 80/08






1.


On 13 March 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mitsui & Co. Ltd (‘Mitsui’, Japan) and Gestamp Automoción SA (‘Gestamp Automoción’, Spain), belonging to the group Corporación Gestamp, SL (‘Gestamp’, Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over North and South American subsidiaries of Gestamp Automoción (the ‘Target Companies’, USA, Mexico, Argentina and Brazil) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Mitsui: active worldwide in general trading in a number of commodities, including iron and steel; non-ferrous metals; machinery; electronics; chemicals; motor vehicles and motorcycles, and motor vehicle and motorcycle parts and accessories,










—


for Gestamp Automoción: active worldwide in the steel, automotive components and renewable energy sectors,










—


for Target Companies: active in the production automotive flat steel components in Argentina, Brazil, Mexico and the USA.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6879 — Mitsui Group/Gestamp Automoción/Target Companies, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case F-13/12: Judgment of the Civil Service Tribunal (First Chamber) of 19 March 2013 — BR v Commission (Civil service — Member of the temporary service — Non-renewal of a contract)
Date: 2013-03-19
Institutions: Civil Service Tribunal
Subjects: servant (EU), severance pay, work contract








C_2013147EN.01003303.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/33





Judgment of the Civil Service Tribunal (First Chamber) of 19 March 2013 — BR v Commission
(Case F-13/12) (1)

(Civil service - Member of the temporary service - Non-renewal of a contract)
2013/C 147/62
Language of the case: French

Parties


Applicant: BR (Wezembeek-Oppem, Belgium) (represented by: S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, acting as Agents)

Re:

Civil service — Application for annulment of the decision of the Commission not to renew the applicant’s contract as a member of the contract staff.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Declares that BR must bear her own costs and orders her to pay the costs incurred by the European Commission.






(1)  OJ C 138, 12.5.2012, p. 32.
Commission Implementing Regulation (EU) No 250/2013 of 19 March 2013 on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2013-03-19
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2013077EN.01001801.xml










20.3.2013   


EN


Official Journal of the European Union


L 77/18








            COMMISSION IMPLEMENTING REGULATION (EU) No 250/2013
of 19 March 2013
         
on the issue of import licences for applications lodged during the first seven days of March 2013 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of March 2013 for the subperiod from 1 April to 30 June 2013 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 April to 30 June 2013 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 20 March 2013.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2013.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2013-30.6.2013
(%)




1


09.4410


0,275711 




2


09.4411


0,282249 




3


09.4412


0,303802 




4


09.4420


0,415976 




6


09.4422


0,418413
Case T-324/10: Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission (Customs union — Imports of bananas from Ecuador — Post-clearance recovery of import duties — Request for remission of import duties — Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 — Error by the customs authorities — Obvious negligence on the part of the interested party)
Date: 2013-03-19
Institutions: General Court
Subjects: Ecuador, customs union, import, import tax, originating product, tropical fruit








C_2013129EN.01001402.xml










4.5.2013   


EN


Official Journal of the European Union


C 129/14





Judgment of the General Court of 19 March 2013 — Firma Van Parys v Commission
(Case T-324/10) (1)

(Customs union - Imports of bananas from Ecuador - Post-clearance recovery of import duties - Request for remission of import duties - Article 220(2)(b) and Article 239 of Regulation (EEC) No 2913/92 - Error by the customs authorities - Obvious negligence on the part of the interested party)
2013/C 129/27
Language of the case: Dutch

Parties


Applicant: Firma Léon Van Parys (Antwerp, Belgium) (represented: initially by P. Vlaemminck and A. Hubert and subsequently by Vlaemminck, R. Verbeke and J. Auwerx, lawyers)

Defendant: European Commission (represented by: L. Keppenne and F. Wilman, acting as Agents)

Intervener in support of the applicant: Kingdom of Belgium (represented by J.-C. Halleux and M. Jacobs, Agents, and by P. Vander Schueren, lawyer)

Re:

Application for annulment, in part, of Commission Decision C(2010) 2858 of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor.

Operative part of the judgment

The Court:






1.


Annuls Article 1(3) of Commission Decision C(2010) 2858 final of 6 May 2010 finding that post-clearance entry in the accounts of import duties is justified and that remission of those duties is justified with regard to a debtor but is not justified in the particular case of another debtor;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission to bear its own costs and to pay those incurred by Firma Léon Van Parys NV;










4.


Orders the Kingdom of Belgium to bear its own costs.






(1)  OJ C 274, 9.10.2010.