do-me/EUR-LEX huggingface dataset:
Case T-232/13: Action brought on 23 April 2013 — SCA Hygiène Products v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: classification, packaging product, tube, waste management








C_2013171EN.01003703.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/37





Action brought on 23 April 2013 — SCA Hygiène Products v Commission
(Case T-232/13)
2013/C 171/72
Language of the case: French

Parties


Applicant: SCA Hygiène Products (Tremblay en France, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, in so far as it adds rolls, tubes and cylinders, with the exception of those for industrial use, to the list of examples of packaging;










—


Order the European Commission to pay the costs in their entirety.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are in essence identical or similar to those relied on in Case T-202/13 Group’Hygiène v Commission.
Corrigendum to Commission communication concerning Article 4(3) of Directive 2009/22/EC of the European Parliament and of the Council on injunctions for the protection of consumers’ interests, which codifies Directive 98/27/EC, concerning the entities qualified to bring an action under Article 2 of this Directive ( OJ C 84, 22.3.2013 )
Date: 2013-04-23
Institutions: European Commission
Subjects: EU Member State, consumer information, consumer movement








C_2013115EN.01000701.xml










23.4.2013   


EN


Official Journal of the European Union


C 115/7





Corrigendum to Commission communication concerning Article 4(3) of Directive 2009/22/EC of the European Parliament and of the Council on injunctions for the protection of consumers’ interests, which codifies Directive 98/27/EC, concerning the entities qualified to bring an action under Article 2 of this Directive
(
Official Journal of the European Union C 84 of 22 March 2013
)
2013/C 115/07
On page 40:
for:

‘ROMANIA








Name of the entity


Contact details


Purpose










1.


Asociația pentru Protecția Consumatorilor din România (APC - România)











Bd. N. Bălcescu nr. 32-34, et. 4,




Cam. 16, sector 1,




RO-010055, București;




Tel: 021 311 02 43;




Fax: 021 315 71 49;




E-mail: office@apc-romania.ro;




Website: www.apc-romania.ro.






Represents consumers and promotes their interests, offers information for consumers and provides education.’





read:

‘ROMANIA








Name of the entity


Contact details


Purpose










1.


Asociația pentru Protecția Consumatorilor din România (APC - România)











Intr. Licurici 2, Bloc 2, Ap. 2, Sector 3, 030894 București,




ROMÂNIA




Tel./Fax +40 213110243




E-mail: office@apc-romania.ro




Website: www.apc-romania.ro.






Represents consumers and promotes their interests, offers information for consumers and provides education.’
Case T-143/13: Order of the General Court of 23 April 2013 — Zhejiang Heda Solar Technology v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: China, dumping, import (EU), market economy, originating product, principle of legal certainty, solar energy, third country








C_2013171EN.01004004.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/40





Order of the General Court of 23 April 2013 — Zhejiang Heda Solar Technology v Commission
(Case T-143/13) (1)

2013/C 171/83
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 123, 27.4.2013.
Case C-213/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2013 — Impresa Pizzarotti & C. SpA v Comune di Bari
Date: 2013-04-23
Institutions: Court of Justice
Subjects: Italy, enforcement of ruling, hiring, interpretation of the law, invitation to tender, works contract








C_2013207EN.01001102.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/11





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 23 April 2013 — Impresa Pizzarotti & C. SpA v Comune di Bari
(Case C-213/13)
2013/C 207/20
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Impresa Pizzarotti & C. SpA

Defendant: Comune di Bari

Questions referred







1.


Is a contract to be concluded for the lease of something in the future — even in the form, suggested most recently, of an undertaking to lease — equivalent to a public works contract, albeit with certain characteristics of a lease contract, with the result that such a contract cannot be included among the contracts which are excluded, under Article 16 of Directive 2004/18/EC, (1) from the scope of the rules on public procedures?










2.


If the answer to Question 1 is in the affirmative, may a national court — specifically, this referring court — hold that the ruling made regarding the events under consideration … is ineffective in that it has enabled a situation which is contrary to Community law on public procurement to persist and, therefore, is it possible to enforce a final judgment which is contrary to Community law?






(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).
Case T-237/13: Action brought on 23 April 2013 — SCA Tissue France v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: classification, packaging product, tube, waste management








C_2013171EN.01003901.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/39





Action brought on 23 April 2013 — SCA Tissue France v Commission
(Case T-237/13)
2013/C 171/77
Language of the case: French

Parties


Applicant: SCA Tissue France (Bois Colombes, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste in so far as it adds hollow tubes, except those intended for industrial use, to the list of examples of packaging;










—


order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are in essence identical or similar to those raised in Case T-202/13 Group’Hygiène v Commission.
Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/137/CFSP, as amended by Council Decision 2013/182/CFSP, and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
Date: 2013-04-23
Institutions: Council of the European Union
Subjects: Libya, capital movement, economic sanctions, international sanctions








C_2013115EN.01000201.xml










23.4.2013   


EN


Official Journal of the European Union


C 115/2





Notice for the attention of the persons to whom restrictive measures provided for in Council Decision 2011/137/CFSP, as amended by Council Decision 2013/182/CFSP, and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
2013/C 115/02
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities who appear in Annexes II and IV to Council Decision 2011/137/CFSP, as amended by Council Decision 2013/182/CFSP (1), and in Annex III to Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.
The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be retained in the list of persons and entities subject to restrictive measures provided for in Decision 2011/137/CFSP and in Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 111, 23.4.2013, p. 50.
Case C-214/13: Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 23 April 2013 — Administrația Finanțelor Publice a Municipiului Alexandria v George Ciocoiu
Date: 2013-04-23
Institutions: Court of Justice
Subjects: environmental tax, motor car, motor vehicle pollution, used goods, vehicle registration








C_2013189EN.01000802.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/8





Request for a preliminary ruling from the Curtea de Apel București (Romania) lodged on 23 April 2013 — Administrația Finanțelor Publice a Municipiului Alexandria v George Ciocoiu
(Case C-214/13)
2013/C 189/16
Language of the case: Romanian

Referring court

Curtea de Apel București

Parties to the main proceedings


Applicant: Administrația Finanțelor Publice a Municipiului Alexandria

Defendant: George Ciocoiu

Question referred

Does Article 110 TFEU preclude the imposition by a Member State of a tax on pollutant emissions upon the first registration in that Member State of second-hand vehicles from another Member State of the European Union, when the levying and payment of that same tax, provided for under a legislative act in respect of second-hand vehicles on the national market of similar age, technical condition and mileage and payable on first transfer of ownership, have subsequently been suspended by a legislative act having the force of law?
Joined Cases C-478/11 P to C-482/11 P: Judgments of the Court (Grand Chamber) of 23 April 2013 — Laurent Gbagbo (C-478/11 P), Katinan Justin Koné (C-479/11 P), Akissi Danièle Boni-Claverie (C-480/11 P), Alcide Djédjé (C-481/11 P), Affi Pascal N’Guessan (C-482/11 P) v Council of the European Union (Appeals — Common foreign and security policy — Restrictive measures adopted against persons and entities — Sixth paragraph of Article 263 TFEU — Period allowed for commencing proceedings — Force majeure — Armed conflict)
Date: 2013-04-23
Institutions: Court of Justice
Subjects: Côte d'Ivoire, common foreign and security policy, economic sanctions, international sanctions, natural person








C_2013171EN.01000701.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/7





Judgments of the Court (Grand Chamber) of 23 April 2013 — Laurent Gbagbo (C-478/11 P), Katinan Justin Koné (C-479/11 P), Akissi Danièle Boni-Claverie (C-480/11 P), Alcide Djédjé (C-481/11 P), Affi Pascal N’Guessan (C-482/11 P) v Council of the European Union
(Joined Cases C-478/11 P to C-482/11 P) (1)

(Appeals - Common foreign and security policy - Restrictive measures adopted against persons and entities - Sixth paragraph of Article 263 TFEU - Period allowed for commencing proceedings - Force majeure - Armed conflict)
2013/C 171/12
Language of the case: French

Parties


Appellants: Laurent Gbagbo (C-478/11 P), Katinan Justin Koné (C-479/11 P), Akissi Danièle Boni-Claverie (C-480/11 P), Alcide Djédjé (C-481/11 P), Affi Pascal N’Guessan (C-482/11 P) (represented by: L. Bourthoumieux, lawyer)

Other party to the proceedings: Council of the European Union (represented by: B. Driessen and M. M. Joséphidès, Agents)

Re:

Appeals against the orders of the General Court of the European Union of 13 July 2011 in Cases T-348/11 Gbagbo v Council, T-349/11 Koné v Council, T-350/11 Boni-Claverie v Council, T-351/11 Djédjé v Council and T-352/11 N’Guessan v Council by which it dismissed as manifestly inadmissible the appellants’ actions for the annulment of, first, Council Decisions 2011/17/CFSP of 11 January 2011 (OJ 2011 L 11, p. 31), 2011/18/CFSP of 14 January 2011 (OJ 2011 L 11, p. 36) and 2011/221/CFSP of 6 April 2011 (OJ 2011 L 93, p. 20), amending Council Decision 2010/656/CFSP renewing the restrictive measures against Côte d’Ivoire, and, secondly, Council Regulations (EU) No 25/2011 of 14 January 2011 (OJ 2011 L 11, p. 1) and (EU) No 330/2011 of 6 April 2011 (OJ 2011 L 93, p. 10), amending Council Regulation (EC) No 560/2005 imposing certain specific restrictive measures directed against certain persons and entities in view of the situation in Côte d’Ivoire — No individual notification of the decision — Case of force majeure


Operative part of the judgment

The Court:






1.


Dismisses the appeals;










2.


Orders Mr Laurent Gbagbo, Mr Katinan Justin Koné, Ms Akissi Danièle Boni-Claverie, Mr Alcide Djédjé and Mr Affi Pascal N’Guessan to pay the costs.






(1)  OJ C 6, 7.1.2012.
Case T-236/13: Action brought on 23 April 2013 — CMC France v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: classification, packaging product, tube, waste management








C_2013171EN.01003804.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/38





Action brought on 23 April 2013 — CMC France v Commission
(Case T-236/13)
2013/C 171/76
Language of the case: French

Parties


Applicant: CMC France (Châtenois, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, in so far as it adds rolls, tubes and cylinders, with the exception of those for industrial use, to the list of examples of packaging;










—


Order the European Commission to pay the costs in their entirety.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are in essence identical or similar to those relied on in Case T-202/13 Group’Hygiène v Commission.
Case T-234/13: Action brought on 23 April 2013 — Lucart France v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: classification, packaging product, tube, waste management








C_2013171EN.01003802.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/38





Action brought on 23 April 2013 — Lucart France v Commission
(Case T-234/13)
2013/C 171/74
Language of the case: French

Parties


Applicant: Lucart France (Torvilliers, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste in so far as it adds rolls, tubes and cylinders, with the exception of those for industrial use, to the list of examples of packaging;










—


order the European Commission to pay the costs in their entirety.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are, in essence, identical or similar to those put forward in Case T-202/13 Group’Hygiène v Commission.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2012/739/CFSP, as implemented by Council Implementing Decision 2013/185/CFSP, and in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 363/2013 concerning restrictive measures in view of the situation in Syria apply
Date: 2013-04-23
Institutions: Council of the European Union
Subjects: Syria, capital movement, economic sanctions, international sanctions








C_2013115EN.01000501.xml










23.4.2013   


EN


Official Journal of the European Union


C 115/5





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2012/739/CFSP, as implemented by Council Implementing Decision 2013/185/CFSP, and in Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 363/2013 concerning restrictive measures in view of the situation in Syria apply
2013/C 115/05
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annex I to Council Decision 2012/739/CFSP, as implemented by Council Implementing Decision 2013/185/CFSP (1), and in Annex II to Council Regulation (EU) No 36/2012, as implemented by Council Implementing Regulation (EU) No 363/2013 (2) concerning restrictive measures in view of the situation in Syria.
The Council of the European Union has decided that the information relating to persons and entities that appear in the abovementioned Annexes should be updated in the list of persons and entities subject to restrictive measures provided for in Decision 2012/739/CFSP and in Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria. The grounds for designations of those persons and entities appear in the relevant entries in those Annexes.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) No 36/2012, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 16 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 111, 23.4.2013, p. 77.

(2)  OJ L 111, 23.4.2013, p. 1.
Case T-109/11: Judgment of the General Court of 23 April 2013 — Apollo Tyres v OHIM — Endurance Technologies (ENDURANCE) (Community trade mark — Opposition proceedings — Application for the Community word mark ENDURACE — Earlier Community figurative mark ENDURANCE — Relative grounds for refusal — Similarity of the goods and services — Similarity of the signs — Partial refusal of registration — Article 8(1)(b) of Regulation (EC) No 207/2009 — Likelihood of confusion)
Date: 2013-04-23
Institutions: General Court
Subjects: EU trade mark, iron and steel industry, registered trade mark, trade-mark law








C_2013156EN.01004001.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/40





Judgment of the General Court of 23 April 2013 — Apollo Tyres v OHIM — Endurance Technologies (ENDURANCE)
(Case T-109/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ENDURACE - Earlier Community figurative mark ENDURANCE - Relative grounds for refusal - Similarity of the goods and services - Similarity of the signs - Partial refusal of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Likelihood of confusion)
2013/C 156/72
Language of the case: English

Parties


Applicant: Apollo Tyres AG (Baden, Switzerland) (represented by: S. Szilvasi, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Endurance Technologies Pvt Ltd (Aurangabad, India)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 25 November 2010 (Case R 625/2010-1), concerning opposition proceedings between Endurance Technologies Pvt Ltd and Apollo Tyres AG

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Apollo Tyres AG to pay the costs.






(1)  OJ C 130, 30.4.2011.
Case T-221/07: Order of the General Court of 23 April 2013 — Hungary v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: EU Emissions Trading Scheme, national planning, principle of proportionality








C_2013171EN.01004003.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/40





Order of the General Court of 23 April 2013 — Hungary v Commission
(Case T-221/07) (1)

2013/C 171/82
Language of the case: Hungarian
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 199, 25.8.2007.
Case T-233/13: Action brought on 23 April 2013 — Hartmann v Commission
Date: 2013-04-23
Institutions: General Court
Subjects: classification, packaging product, tube, waste management








C_2013171EN.01003801.xml










15.6.2013   


EN


Official Journal of the European Union


C 171/38





Action brought on 23 April 2013 — Hartmann v Commission
(Case T-233/13)
2013/C 171/73
Language of the case: French

Parties


Applicant: Paul Hartmann SA (Châtenois, France) (represented by: J.-M. Leprêtre and N. Chahid-Nouraï, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul, with immediate effect, on the basis of Article 263 TFEU, Commission Directive 2013/2/EU of 7 February 2013 amending Annex I to Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste, in so far as it adds rolls, tubes and cylinders, with the exception of those for industrial use, to the list of examples of packaging;










—


Order the European Commission to pay the costs in their entirety.





Pleas in law and main arguments

In support of the action, the applicant relies on six pleas in law which are in essence identical or similar to those relied on in Case T-202/13 Group’Hygiène v Commission