do-me/EUR-LEX huggingface dataset:
2013/607/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Police Office for the financial year 2011
Date: 2013-04-17
Institutions: European Parliament
Subjects: Europol, closing of accounts, general budget (EU), implementation of the budget








L_2013308EN.01031801.xml










16.11.2013   


EN


Official Journal of the European Union


L 308/318








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 17 April 2013
         
on the closure of the accounts of the European Police Office for the financial year 2011
(2013/607/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the European Police Office for the financial year 2011,










—


having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2011, together with the Office’s replies (1),










—


having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),










—


having regard to Article 319 of the Treaty on the Functioning of the European Union,










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,










—


having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (4), and in particular Article 43 thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,










—


having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0083/2013),






1.   

Approves the closure of the accounts of the European Police Office for the financial year 2011;



2.   

Instructs its President to forward this Decision to the Director of the European Police Office, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 388, 15.12.2012, p. 187.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 298, 26.10.2012, p. 1.

(4)  
            OJ L 121, 15.5.2009, p. 37.

(5)  
            OJ L 357, 31.12.2002, p. 72
Case C-201/13: Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 17 April 2013 — Johan Deckmyn, Vrijheidsfonds VZW v Helena Vandersteen and Others
Date: 2013-04-17
Institutions: Court of Justice
Subjects: artistic creation, literary profession, literature








C_2013189EN.01000601.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/6





Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 17 April 2013 — Johan Deckmyn, Vrijheidsfonds VZW v Helena Vandersteen and Others
(Case C-201/13)
2013/C 189/11
Language of the case: Dutch

Referring court

Hof van beroep te Brussel

Parties to the main proceedings


Applicants: Johan Deckmyn, Vrijheidsfonds VZW

Defendants: Helena Vandersteen, Christiane Vandersteen, Liliana Vandersteen, Isabelle Vandersteen, Rita Dupont, Amoras II CVOH, WPG Uitgevers België

Questions referred







1.


Is the concept of ‘parody’ an independent concept in European Union law?










2.


If so, must a parody satisfy the following conditions or conform to the following characteristics:






—


the display of an original character of its own (originality);










—


and such that the parody cannot reasonably be ascribed to the author of the original work;










—


be designed to provoke humour or to mock, regardless of whether any criticism thereby expressed applies to the original work or to something or someone else;










—


mention the source of the parodied work?














3.


Must a work satisfy any other conditions or conform to other characteristics in order to be capable of being labelled as a parody?
Case T-353/08: Order of the General Court of 17 April 2013 — vwd Vereinigte Wirtschaftsdienste v Commission
Date: 2013-04-17
Institutions: General Court
Subjects: European Economic Area, restrictive-practice authorisation, single market








C_2013164EN.01002402.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/24





Order of the General Court of 17 April 2013 — vwd Vereinigte Wirtschaftsdienste v Commission
(Case T-353/08) (1)

2013/C 164/41
Language of the case: German
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 301, 22.11.2008.
Case C-202/13: Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 17 April 2013 — Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department
Date: 2013-04-17
Institutions: Court of Justice
Subjects: EU visa policy, European citizenship, border control, family migration, free movement of persons, residence permit








C_2013189EN.01000602.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/6





Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 17 April 2013 — Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez v Secretary of State for the Home Department
(Case C-202/13)
2013/C 189/12
Language of the case: English

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings


Applicants: Sean Ambrose McCarthy, Helena Patricia McCarthy Rodriguez, Natasha Caley McCarthy Rodriguez

Defendant: Secretary of State for the Home Department

Questions referred







1.


Does Article 35 of Directive 2004/38/EC (1) on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (‘the Directive’) entitle a Member State to adopt a measure of general application to refuse, terminate, or withdraw the right conferred by Article 5(2) of the Directive exempting non-national EU family members who are holders of residence cards issued pursuant to Article 10 of the Directive (‘residence card holders’) from visa requirements?










2.


Can Article 1 of Protocol No. 20 on the application of certain aspects of Article 26 of the Treaty on the Functioning of the European Union to the United Kingdom and to Ireland entitle the United Kingdom to require residence card holders to have an entry visa which must be obtained prior to arrival at the frontier?










3.


If the answer to question 1 or question 2 is yes, is the United Kingdom’s approach to residence card holders in the present case justifiable, having regard to the evidence summarized in the referring court’s judgment?






(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
OJ L 158, p. 77
Case T-404/11: Judgment of the General Court of 17 April 2013 — TCMFG v Council (Common Foreign and Security Policy — Restrictive measures against Iran intended to prevent nuclear proliferation — Freezing of funds — Obligation to state reasons — Manifest error of assessment)
Date: 2013-04-17
Institutions: General Court
Subjects: Iran, economic sanctions, international sanctions, nuclear non-proliferation








C_2013156EN.01004002.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/40





Judgment of the General Court of 17 April 2013 — TCMFG v Council
(Case T-404/11) (1)

(Common Foreign and Security Policy - Restrictive measures against Iran intended to prevent nuclear proliferation - Freezing of funds - Obligation to state reasons - Manifest error of assessment)
2013/C 156/73
Language of the case: German

Parties


Applicant: Turbo Compressor Manufacturer (TCMFG) (Teheran, Iran) (represented by: K. Kleinschmidt, lawyer)

Defendant: Council of the European Union (represented by: M. Bishop and J-P. Hix, Agents)

Intervener in support of the defendant: European Commission (represented by: F. Erlbacher and T. Scharf, agents)

Re:

Action for annulment of Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2011 L 136, p. 65), to the extent that it affects the applicant.

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2011/299/CFSP of 23 May 2011 amending Decision 2010/413/CFSP concerning restrictive measures against Iran, to the extent that it affects Turbo Compressor Manufacturer (TCMFG);










2.


Maintains the effects of Decision 2011/299, to the extent that it affects TCMFG, for a period which may not exceed two months and ten days as from the date of delivery of this judgment.










3.


Orders the Council of the European Union to bear, in addition to its own costs, the costs incurred by TCMFG.










4.


Orders the European Commission to bear its own costs.






(1)  OJ C 290, 1.10.2011.
Case T-383/10: Judgment of the General Court of 17 April 2013 — Continental Bulldog Club Deutschland v OHIM (CONTINENTAL) (Community trade mark — Application for Community word mark CONTINENTAL — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2013-04-17
Institutions: General Court
Subjects: EU trade mark, domestic animal, registered trade mark, trade-mark law, veterinary legislation








C_2013156EN.01003802.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/38





Judgment of the General Court of 17 April 2013 — Continental Bulldog Club Deutschland v OHIM (CONTINENTAL)
(Case T-383/10) (1)

(Community trade mark - Application for Community word mark CONTINENTAL - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2013/C 156/68
Language of the case: German

Parties


Applicant: Continental Bulldog Club Deutschland eV (Berlin, Germany) (represented: initially by S. Vollmer, and subsequently by U. Rühl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by S. Schäffner, and subsequently by D. Walicka, Agents)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 June 2010 (R 300/2010-1), concerning an application for registration of the word mark CONTINENTAL as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Continental Bulldog Club Deutschland eV to pay the costs.






(1)  OJ C 301, 6.11.2010.
Non-opposition to a notified concentration (Case COMP/M.6746 — Mitsui/Severstal/Severstal-SSC-Vsevolozhsk JV)  Text with EEA relevance
Date: 2013-04-17
Institutions: European Commission
Subjects: economic concentration, merger control, metallurgical industry, motor vehicle industry








C_2013110EN.01000102.xml










17.4.2013   


EN


Official Journal of the European Union


C 110/1





Non-opposition to a notified concentration
(Case COMP/M.6746 — Mitsui/Severstal/Severstal-SSC-Vsevolozhsk JV)
(Text with EEA relevance)
2013/C 110/02
On 6 February 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 English 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 32013M6746. EUR-Lex is the on-line access to the European law.
Case C-203/13: Action brought on 17 April 2013 — European Commission v Republic of Bulgaria
Date: 2013-04-17
Institutions: Court of Justice
Subjects: domestic market, electrical energy, infringement of EU law, national implementing measure








C_2013164EN.01001203.xml










8.6.2013   


EN


Official Journal of the European Union


C 164/12





Action brought on 17 April 2013 — European Commission v Republic of Bulgaria
(Case C-203/13)
2013/C 164/23
Language of the case: Bulgarian

Parties


Applicant: European Commission (represented by: O. Beynet, M. Heller and P. Mihaylova, acting as Agents)

Defendant: Republic of Bulgaria

Form of order sought







—


Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Article 3(7) of, and the second subparagraph of point 1(a), and points 1(b), (c), (d), (f), (h) and (i) of Annex I to, Directive 2009/72/EC (1) of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC, or in any case by failing to notify the Commission of the adoption of such provisions, the Republic of Bulgaria has failed to fulfil its obligations under Article 49(1) of that directive;










—


impose on the Republic of Bulgaria, pursuant to Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify the Commission of the measures transposing Directive 2009/72/EC at the daily rate of EUR 8 448 from the day on which judgment is delivered in the present case;










—


order the Republic of Bulgaria to pay the costs.





Pleas in law and main arguments

The period for the adoption of measures to transpose the directive expired on 3 March 2011.


(1)  OJ 2009 L 211, p. 55.
European Parliament legislative resolution of 17 April 2013 on the proposal for a Council decision amending Annexes II and III of Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (COM(2013)0035 — C7-0045/2013 — 2013/0019(NLE))
Date: 2013-04-17
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Legal Affairs, Committee on Women’s Rights and Gender Equality, European Parliament
Subjects: child, enforcement of ruling, family, international convention, judicial cooperation in civil matters in the EU, maintenance obligation, parental responsibility








C_2016045EN.01016901.xml










5.2.2016   


EN


Official Journal of the European Union


C 45/169





P7_TA(2013)0172
International Recovery of Child Support and Other Forms of Family Maintenance *
European Parliament legislative resolution of 17 April 2013 on the proposal for a Council decision amending Annexes II and III of Council Decision of 9 June 2011 on the approval, on behalf of the European Union, of The Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (COM(2013)0035 — C7-0045/2013 — 2013/0019(NLE))
(Consultation)
(2016/C 045/32)

The European Parliament,






—


having regard to the proposal for a Council decision (COM(2013)0035),










—


having regard to the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance,










—


having regard to Article 81(3) and Article 218(6), second subparagraph, point (b), of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0045/2013),










—


having regard to Rules 55 and 90(7) of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A7-0091/2013),












1.


Approves the amendment of Annexes II and III to Council Decision 2011/432/EU as proposed by the Commission;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States, as well as to the Hague Conference on Private International Law.
Recommendation of the European Central Bank of 17 April 2013 to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank (ECB/2013/8)
Date: 2013-04-17
Institutions: European Central Bank
Subjects: Council of the European Union, accountant, appointment of staff, central bank, contract staff, self-employed person








C_2013115EN.01000101.xml










23.4.2013   


EN


Official Journal of the European Union


C 115/1





RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 17 April 2013
to the Council of the European Union on the external auditors of the Oesterreichische Nationalbank
(ECB/2013/8)
2013/C 115/01
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


Following an amendment, Article 37(1) of the Law on the Oesterreichische Nationalbank now provides that the General Meeting of the Oesterreichische Nationalbank elects one external auditor and one alternate external auditor each year instead of two external auditors and two alternate external auditors. The alternate external auditor will be mandated only in the event that the external auditor is unable to perform the audit.










(3)


The mandates of both the current external auditors and the current alternate external auditors of the Oesterreichische Nationalbank ended following the audit for the financial year 2012. It is therefore necessary to appoint external auditors from the financial year 2013.










(4)


The Oesterreichische Nationalbank has selected for the financial year 2013 KPMG Wirtschaftsprüfungs- und Steuerberatungs AG as its external auditors and PwC Wirtschaftsprüfung GmbH as its new alternate external auditors.










(5)


The mandates of the external auditors and the alternate external auditors may be renewed on an annual basis, in either case not exceeding a total term of five years,




HAS ADOPTED THIS RECOMMENDATION:






1.


It is recommended that KPMG Wirtschaftsprüfungs- und Steuerberatungs AG should be appointed as the external auditors of the Oesterreichische Nationalbank for the financial year 2013.










2.


It is recommended that PwC Wirtschaftsprüfung GmbH should be appointed as the alternate external auditors of the Oesterreichische Nationalbank for the financial year 2013.










3.


The mandates of the external auditors and the alternate external auditors may be renewed on an annual basis. In either case the mandate should not exceed a total term of five years, ending with the financial year 2017 at the latest.





Done at Frankfurt am Main, 17 April 2013.


The President of the ECB

Mario DRAGHI
2013/615/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the Artemis Joint Undertaking for the financial year 2011
Date: 2013-04-17
Institutions: European Parliament
Subjects: European Joint Undertaking, closing of accounts, general budget (EU), implementation of the budget








L_2013308EN.01033901.xml










16.11.2013   


EN


Official Journal of the European Union


L 308/339








            DECISION OF THE EUROPEAN PARLIAMENT
         
of 17 April 2013
         
on the closure of the accounts of the Artemis Joint Undertaking for the financial year 2011
(2013/615/EU)


THE EUROPEAN PARLIAMENT,






—


having regard to the final annual accounts of the Artemis for the financial year 2011,










—


having regard to the Court of Auditors’ report on the annual accounts of the Artemis for the financial year 2011, together with the replies of the Joint Undertaking (1),










—


having regard to the Council’s recommendation of 12 February 2013 (05755/2013 — C7-0040/2013),










—


having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,










—


having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,










—


having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (4), and in particular Article 11(4) thereof,










—


having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,










—


having regard to Rule 77 of and Annex VI to its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A7-0087/2013),






1.   

Approves the closure of the accounts of the Artemis Joint Undertaking for the financial year 2011;



2.   

Instructs its President to forward this Decision to the Executive Director of the Artemis Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).






The President

Martin SCHULZ
            



The Secretary-General

Klaus WELLE
            





(1)  
            OJ C 6, 10.1.2013, p. 1.

(2)  
            OJ L 248, 16.9.2002, p. 1.

(3)  
            OJ L 298, 26.10.2012, p. 1.

(4)  
            OJ L 30, 4.2.2008, p. 52.

(5)  
            OJ L 357, 31.12.2002, p. 72.