do-me/EUR-LEX huggingface dataset:
Case T-194/13: Action brought on 5 April 2013 — United Parcel Service v Commission
Date: 2013-04-05
Institutions: General Court
Subjects: economic concentration, price agreement, rights of the defence








C_2013147EN.01003001.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/30





Action brought on 5 April 2013 — United Parcel Service v Commission
(Case T-194/13)
2013/C 147/54
Language of the case: English

Parties


Applicant: United Parcel Service, Inc. (Atlanta, United States) (represented by: A. Ryan, B. Graham, Solicitors, W. Knibbeler and P. Stamou, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul in its entirety the Decision of the European Commission of 30 January 2013, C(2013) 431 (Comp/M.6570 — UPS/TNT Express), prohibiting the proposed acquisition by UPS of TNT Express N.V., in so far as it prohibits the concentration; and










—


Order the defendant to pay the costs of the present proceedings, including those of any potential intervener.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission committed an error of law and a manifest error of assessment when examining the likely price effects of the concentration. Further, the Commission breached its obligation to state reasons and infringed UPS’ rights of defence by substantially modifying the econometric model submitted by UPS without hearing UPS or explaining adequately the modifications made.










2.


Second plea in law, alleging that by setting an arbitrary standard for verifiability of efficiencies, the Commission erred in law and diverged from the standard set by the case law. Further, the Commission erred in law and committed a manifest error of assessment in assigning insufficient or zero weight to efficiencies that it accepted in principle. Finally the Commission breached UPS’ rights of defence by basing its rejection of efficiencies on objections that UPS had not been confronted with previously.










3.


Third plea in law, alleging that the Commission erred in law and committed a manifest error of assessment by misapplying the concept of closeness of competition. It equally erred in concluding, without substantive evidence, that the merged entity’s potential price increases would be accommodated by the rival to the merged entity.










4.


Fourth plea in law, alleging that the Commission breached UPS’ rights of defence by denying it access to relevant and exculpatory evidence. Moreover, the Commission failed to state reasons, erred in law and in fact and committed a manifest error of assessment when it concluded that competitors who are not close competitors could not expand to constrain effectively the merged entity in the foreseeable future.










5.


Fifth plea in law, alleging that the Commission erred in law and committed a manifest error of assessment in analyzing customers’ ability to restrain the merged entity.
Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 17 ; OJ C 77, 5.4.2007, p. 11 ; OJ C 153, 6.7.2007, p. 21 ; OJ C 331, 31.12.2008, p. 15 ; OJ C 87, 1.4.2010, p. 15 ; OJ C 180, 21.6.2012, p. 2 )
Date: 2013-04-05
Institutions: European Commission
Subjects: Malta, Schengen Agreement, border control, disclosure of information, external border of the EU, foreign national








C_2013098EN.01000201.xml










5.4.2013   


EN


Official Journal of the European Union


C 98/2





Update of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 17; OJ C 77, 5.4.2007, p. 11; OJ C 153, 6.7.2007, p. 21; OJ C 331, 31.12.2008, p. 15; OJ C 87, 1.4.2010, p. 15; OJ C 180, 21.6.2012, p. 2)
2013/C 98/02
The publication of the list of national services responsible for border controls for the purposes of Article 15(2) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) is based on the information communicated by the Member States to the Commission in conformity with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.
MALTA

Amendment of the information published in OJ C 247, 13.10.2006


The national services responsible for border controls: Malta Police Force, the Armed Forces of Malta (AFM) and the Malta Customs Department.
Commission Regulation (EU) No 333/2013 of 5 April 2013 establishing a prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Portugal
Date: 2013-04-05
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013103EN.01000101.xml










12.4.2013   


EN


Official Journal of the European Union


L 103/1








            COMMISSION REGULATION (EU) No 333/2013
of 5 April 2013
         
establishing a prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 5 April 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 54.




ANNEX






No


02/TQ40




Member State


Portugal




Stock


WHM/ATLANT (Tetrapturus albidus)




Species


White marlin




Zone


Atlantic Ocean




Date


19.3.2013
Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) ( OJ C 247, 13.10.2006, p. 19 ; OJ C 153, 6.7.2007, p. 22 ; OJ C 182, 4.8.2007, p. 18 ; OJ C 57, 1.3.2008, p. 38 ; OJ C 134, 31.5.2008, p. 19 ; OJ C 37, 14.2.2009, p. 8 ; OJ C 35, 12.2.2010, p. 7 ; OJ C 304, 10.11.2010, p. 5 ; OJ C 24, 26.1.2011, p. 6 ; OJ C 157, 27.5.2011, p. 8 ; OJ C 203, 9.7.2011, p. 16 ; OJ C 11, 13.1.2012, p. 13 ; OJ C 72, 10.3.2012, p. 44 ; OJ C 199, 7.7.2012, p. 8 ; OJ C 298, 4.10.2012, p. 3 ; OJ C 56, 26.2.2013, p. 13 )
Date: 2013-04-05
Institutions: European Commission
Subjects: EU visa policy, Estonia, Schengen Agreement, border control, external border of the EU, foreign national, identity document, residence permit








C_2013098EN.01000301.xml










5.4.2013   


EN


Official Journal of the European Union


C 98/3





Update of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ C 247, 13.10.2006, p. 19; OJ C 153, 6.7.2007, p. 22; OJ C 182, 4.8.2007, p. 18; OJ C 57, 1.3.2008, p. 38; OJ C 134, 31.5.2008, p. 19; OJ C 37, 14.2.2009, p. 8; OJ C 35, 12.2.2010, p. 7; OJ C 304, 10.11.2010, p. 5; OJ C 24, 26.1.2011, p. 6; OJ C 157, 27.5.2011, p. 8; OJ C 203, 9.7.2011, p. 16; OJ C 11, 13.1.2012, p. 13; OJ C 72, 10.3.2012, p. 44; OJ C 199, 7.7.2012, p. 8; OJ C 298, 4.10.2012, p. 3; OJ C 56, 26.2.2013, p. 13)
2013/C 98/03
The publication of reference amounts for the crossing of the external borders, as referred to in Article 5(3) of Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code), is based on the information communicated by the Member States to the Commission in accordance with Article 34 of the Schengen Borders Code.
In addition to the publication in the Official Journal, a monthly update is available on the website of the Directorate-General for Home Affairs.
ESTONIA

Replacement of the information published in OJ C 247 of 13.10.2006


Under Estonian law, aliens arriving into Estonia without a letter of invitation shall upon request by a border guard official upon entry into the country provide proof of sufficient monetary means to cover the costs of his/her stay in and departure from Estonia. Sufficient monetary means for each allowed day is considered to be 0,2 times the monthly minimum salary implemented by the Government of the Republic, i.e. EUR 64.
Otherwise the person inviting shall assume responsibility for the costs of the alien's stay in and departure from Estonia.
Case T-196/13: Action brought on 5 April 2013 — Nanu-Nana Joachim Hoepp/OHIM — Stal-Florez Botero (la nana)
Date: 2013-04-05
Institutions: General Court
Subjects: EU trade mark, manufactured goods, registered trade mark, trade-mark law








C_2013171EN.01003102.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/31





Action brought on 5 April 2013 — Nanu-Nana Joachim Hoepp/OHIM — Stal-Florez Botero (la nana)
(Case T-196/13)
2013/C 171/59
Language in which the application was lodged: English

Parties


Applicant: Nanu-Nana Joachim Hoepp GmbH & Co. KG (Bremen, Germany) (represented by: T. Boddien, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Lina M. Stal-Florez Botero (Maarssen, Netherlands)

Form of order sought

The applicant claims that the Court should:






—


Annul the Decision of the First Board of Appeal of the Office of Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 January 2013 in case R 300/2012-1, relating to cancellation proceedings No. 000005025 C (Community trademark No. 005205125) between Nanu-Nana Joachim Hoepp GmbH & Co. KG and Lina M. Stal-Florez Botero h.o.d.n. La Nana;










—


Order the Defendant to bear the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘la nana’ for goods of classes 16, 20 and 24 — Community trade mark registration No 5 205 125

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for the declaration of invalidity of the Community trade mark: The applicant

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 8(1)(b), in conjunction with Article 53(1)(a) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejected the request for invalidity in its entirety based on Article 57(2) and (3) of Council Regulation No 207/2009

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 53(1)(a) in conjunction with Article 8(1)(b), Article 57(2) and (3) and Article 78 (1)(f) of Council Regulation No 207/2009.
2013/171/EU: Council Decision of 5 April 2013 appointing a Spanish member of the Committee of the Regions
Date: 2013-04-05
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2013099EN.01001601.xml










9.4.2013   


EN


Official Journal of the European Union


L 99/16








            COUNCIL DECISION
         
of 5 April 2013
         
appointing a Spanish member of the Committee of the Regions
(2013/171/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 Spanish 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)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Juan Ignacio ZOIDO ÁLVAREZ,





HAS ADOPTED THIS DECISION:



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






—


Mr Iñigo de la SERNA HERNÁIZ, Alcalde de Santander.






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




Done at Brussels, 5 April 2013.


For the Council


The President

E. GILMORE
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-172/13: Action brought on 5 April 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland
Date: 2013-04-05
Institutions: Court of Justice
Subjects: United Kingdom, debt, financial loss, infringement of EU law, right of establishment, tax harmonisation, tax relief








C_2013207EN.01000302.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/3





Action brought on 5 April 2013 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-172/13)
2013/C 207/04
Language of the case: English

Parties


Applicant: European Commission (represented by: W. Roels, R. Lyal, agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


declare that by imposing conditions on cross-border group relief that make it virtually impossible in practice to obtain such relief and by restricting such relief to periods after 1 April 2006, the United Kingdom has failed to comply with its obligations under Article 49 of the Treaty on the Functioning of the European Union and Article 31 of the Agreement on the European Economic Areaorder United Kingdom of Great Britain and Northern Ireland to pay the costs.










—


order the United Kingdom to pay the costs.





Pleas in law and main arguments

Following the judgment in Case C-446/03 Marks & Spencer, the United Kingdom amended its legislation governing the manner in which the losses suffered by companies which are members of a group may be transferred and used by another member of the group in order to reduce its tax liability (group relief rules). The provisions governing losses of non-resident companies are now contained in Part 5 of the Corporation Tax Act 2010.
Under the United Kingdom legislation now in force, a group company may obtain a tax credit for the losses of a non-resident group member only if the latter has no possibility of relief in its State of residence. In relation to the possibility of future relief the United Kingdom legislation makes it virtually impossible to demonstrate compliance with that condition, since that possibility falls to be determined ‘as at the time immediately after the end’ of the tax year in which the loss was suffered. That condition is for all practical purposes impossible to meet. It follows that the legislation precludes any relief at all for the losses of a non-resident subsidiary, contrary to the freedom of establishment as interpreted in Case C-446/03 Marks & Spencer.
Secondly, the new rules on group relief for foreign losses apply only to losses suffered after 1 April 2006, the date of entry into force of those rules. That temporal limitation (that is to say, the exclusion of relief under the legislation for losses suffered before that date) is contrary to the freedom of establishment.
Case T-191/13: Action brought on 5 April 2013 — Spain v Commission
Date: 2013-04-05
Institutions: General Court
Subjects: EPSO, Spain, assistant, competition (EU), multilingualism








C_2013147EN.01002902.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/29





Action brought on 5 April 2013 — Spain v Commission
(Case T-191/13)
2013/C 147/53
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul notice of open competition EPSO/AD/248/13 — Administrators (AD 6), in the buildings sector, and










—


order the European Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are the same as those raised in Case T-148/13 Kingdom of Spain v Commission.
Euro exchange rates
Date: 2013-04-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2013098EN.01000101.xml










5.4.2013   


EN


Official Journal of the European Union


C 98/1





Euro exchange rates (1)

4 April 2013
2013/C 98/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2818




JPY


Japanese yen


122,31




DKK


Danish krone


7,4534




GBP


Pound sterling


0,84745




SEK


Swedish krona


8,4064




CHF


Swiss franc


1,2155




ISK


Iceland króna


 




NOK


Norwegian krone


7,4490




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,817




HUF


Hungarian forint


301,38




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7011




PLN


Polish zloty


4,1887




RON


Romanian leu


4,4251




TRY


Turkish lira


2,3176




AUD


Australian dollar


1,2290




CAD


Canadian dollar


1,3012




HKD


Hong Kong dollar


9,9514




NZD


New Zealand dollar


1,5268




SGD


Singapore dollar


1,5916




KRW


South Korean won


1 445,76




ZAR


South African rand


11,8509




CNY


Chinese yuan renminbi


7,9484




HRK


Croatian kuna


7,6085




IDR


Indonesian rupiah


12 507,32




MYR


Malaysian ringgit


3,9478




PHP


Philippine peso


52,889




RUB


Russian rouble


40,5533




THB


Thai baht


37,646




BRL


Brazilian real


2,5898




MXN


Mexican peso


15,7597




INR


Indian rupee


70,3680






(1)  Source: reference exchange rate published by the ECB.
Case C-169/13: Action brought on 5 April 2013 — European Commission v Republic of Poland
Date: 2013-04-05
Institutions: Court of Justice
Subjects: application of EU law, arrangement of working time, drivers, road transport, self-employed person








C_2013171EN.01001903.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/19





Action brought on 5 April 2013 — European Commission v Republic of Poland
(Case C-169/13)
2013/C 171/39
Language of the case: Polish

Parties


Applicant: European Commission (represented by: N. Yerrell and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to ensure the application of Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities, (1) with regard to self-employed drivers, and in any event by not notifying the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Articles 2(1), 3 to 7 and 11 of that directive;










—


order the Republic of Poland to pay the costs of the proceedings.





Pleas in law and main arguments

Directive 2002/15/EC has been applicable to self-employed drivers since 23 March 2009.


(1)  OJ 2002 L 80, p. 35.