do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 439/2013 of 13 May 2013 amending for the 192nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
Date: 2013-05-13
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013129EN.01003401.xml










14.5.2013   


EN


Official Journal of the European Union


L 129/34








            COMMISSION IMPLEMENTING REGULATION (EU) No 439/2013
of 13 May 2013
         
amending for the 192nd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 2 May 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one natural person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply after considering the de-listing request submitted by this person and the Comprehensive Report of the Ombudsperson established pursuant to UNSC Resolution 1904(2009).












(3)


Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.


Article 2
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, 13 May 2013.


For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted:


            ‘Mohamed Ben Mohamed Ben Khalifa Abdelhedi (alias Mohamed Ben Mohamed Abdelhedi). Address: (a) Via Galileo Ferraries 64, Varese, Italy; (b) 261 Kramdah Road (km 2), Sfax, Tunisia. Date of birth: 10.8.1965. Place of birth: Sfax, Tunisia. Nationality: Tunisian. Passport No: L965734 (Tunisian passport issued on 6.2.1999, expired on 5.2.2004). Other information: (a) Italian fiscal code: BDL MMD 65M10 Z352S, (b) Mother’s name: Shadhliah Ben Amir; (c) Resided in Italy as at August 2009. Date of designation referred to in Article 2a(4)(b): 23.6.2004.’
Case C-260/13: Request for a preliminary ruling from the Verwaltungsgerichts Sigmaringen (Germany) lodged on 13 May 2013 — Sevda Aykul v Land Baden-Württemberg
Date: 2013-05-13
Institutions: Court of Justice
Subjects: European driving licence, mutual recognition principle, narcotic, road safety, traffic offence








C_2013189EN.01001402.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/14





Request for a preliminary ruling from the Verwaltungsgerichts Sigmaringen (Germany) lodged on 13 May 2013 — Sevda Aykul v Land Baden-Württemberg
(Case C-260/13)
2013/C 189/28
Language of the case: German

Referring court

Verwaltungsgerichts Sigmaringen

Parties to the main proceedings


Applicant: Sevda Aykul

Defendant: Land Baden-Württemberg

Questions referred







1.


Does the obligation concerning the mutual recognition of driving licences issued by Member States which is laid down in Article 2(1) of Directive 2006/126/EC preclude national legislation of the Federal Republic of Germany under which the right to use a foreign driving licence in Germany must be revoked ex post facto by the administrative authorities if the holder of the foreign driving licence drives a motor vehicle on that licence in Germany while under the influence of illegal drugs and thereafter under the relevant German provisions is no longer fit to drive?










2.


If the answer to question 1 is in the affirmative, is this also the case where the issuing State is aware of the person in question driving while under the influence of drugs but takes no action and the risk represented by the holder of the foreign driving licence therefore persists?










3.


If the answer to question 1 is in the negative, can the Federal Republic of Germany make reinstatement of the right to use a foreign driving licence in Germany subject to compliance with the national conditions applicable to such reinstatement?










4.








(a)


Can the reservation with respect to observance of the principle of territoriality of criminal and police laws laid down in Article 11(2) of Directive 2006/126/EC justify action under its driving licence legislation by a Member State other than the issuing State? For example, does that reservation allow the right to use a foreign driving licence in Germany to be revoked ex post facto by means of a preventive measure under criminal law?










(b)


If the answer to question 4(a) is in the affirmative, does the competence to reinstate the right to use the foreign driving licence in Germany, taking into account the obligation of recognition, lie with the Member State which imposed the preventive measure or with the issuing State?
Case C-257/13: Request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches-du-Rhône (France) lodged on 13 May 2013 — Anouthani Mlalali v CAF des Bouches-du-Rhône
Date: 2013-05-13
Institutions: Court of Justice
Subjects: France, admission of aliens, interpretation of the law, legal status, residence permit, social security








C_2013207EN.01002701.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/27





Request for a preliminary ruling from the Tribunal des affaires de sécurité sociale des Bouches-du-Rhône (France) lodged on 13 May 2013 — Anouthani Mlalali v CAF des Bouches-du-Rhône
(Case C-257/13)
2013/C 207/43
Language of the case: French

Referring court

Tribunal des affaires de sécurité sociale des Bouches-du-Rhône

Parties to the main proceedings


Applicant: Anouthani Mlalali

Defendant: CAF des Bouches-du-Rhône

Question referred

Must Article 11 of Directive 2003/109/EC (1) of 25 November 2003 be interpreted as precluding the requirements laid down by Articles L.512 and D.512-2 of the Code de la sécurité sociale français (French Social Security Code)?


(1)  Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L 16, p. 44).
2013/263/EU: Council Decision of 13 May 2013 on the signing, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors
Date: 2013-05-13
Institutions: Council of the European Union
Subjects: Russia, agreement (EU), chemical product, drug traffic, illicit trade, psychotropic substance, signature of an agreement








L_2013154EN.01000501.xml










6.6.2013   


EN


Official Journal of the European Union


L 154/5








            COUNCIL DECISION
         
of 13 May 2013
         
on the signing, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors
(2013/263/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The European Union and the Russian Federation should strengthen their cooperation to prevent diversion of drug precursors from the legal trade, in order to counter the illicit manufacture of narcotic drugs and psychotropic substances.












(2)


On 23 March 2009, the Council authorised the Commission to open negotiations with the Russian Federation for an Agreement between the European Union and the Russian Federation on drug precursors (the ‘Agreement’). The negotiations were conducted by the Commission within the framework of the negotiating directives adopted by the Council and were successfully concluded.












(3)


The Agreement should ensure full respect of fundamental rights, in particular a high level of protection for the processing and transfer of personal data between its Parties.












(4)


The Agreement should be signed on behalf of the European Union, subject to the conclusion of the said Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The signing of the Agreement between the European Union and the Russian Federation on drug precursors (the ‘Agreement’) is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
The Commission, assisted by representatives of the Member States, shall represent the Union on the Joint Follow-up Expert Group set up under Article 9 of the Agreement.
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 13 May 2013.


For the Council


The President

S. COVENEY
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Case C-258/13: Request for a preliminary ruling from the Varas Cíveis de Lisboa (Portugal) lodged on 13 May 2013 — Sociedade Agrícola e Imobiliária da Quinta de S. Paio, Lda v Instituto da Segurança Social, IP
Date: 2013-05-13
Institutions: Court of Justice
Subjects: Portugal, financial solvency, free service, industrial restructuring, interpretation of the law, legal aid, legal expenses, legal person








C_2013215EN.01000701.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/7





Request for a preliminary ruling from the Varas Cíveis de Lisboa (Portugal) lodged on 13 May 2013 — Sociedade Agrícola e Imobiliária da Quinta de S. Paio, Lda v Instituto da Segurança Social, IP
(Case C-258/13)
2013/C 215/08
Language of the case: Portuguese

Referring court

Varas Cíveis de Lisboa

Parties to the main proceedings


Applicant: Sociedade Agrícola e Imobiliária da Quinta de S. Paio, Lda

Defendant: Instituto da Segurança Social, IP

Questions referred

Does Article 47 of the Charter of Fundamental Rights of the European Union (1) which lays down the right to effective legal protection preclude national legislation that prohibits legal persons pursuing a commercial objective from obtaining legal aid?
Must Article 47 of the Charter of Fundamental Rights of the European Union be construed as having ensured the right to effective judicial protection, where the domestic law of the Member State, whilst excluding legal persons pursuing a commercial objective from receiving legal aid, automatically grants them an exemption from the costs and charges relating to legal proceedings where they are insolvent or in receivership?


(1)  OJ 2000, C 364, p. 1.
Council Decision of 13 May 2013 appointing one member of the Management Board of the European Chemicals Agency
Date: 2013-05-13
Institutions: Council of the European Union
Subjects: Denmark, European Chemicals Agency, appointment of members, decision-making body (EU)








C_2013138EN.01001301.xml










17.5.2013   


EN


Official Journal of the European Union


C 138/13





COUNCIL DECISION
of 13 May 2013
appointing one member of the Management Board of the European Chemicals Agency
2013/C 138/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
Whereas:






(1)


Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.










(2)


By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Denmark.










(3)


The Danish Government has informed the Council of its intention to replace the Danish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,




HAS ADOPTED THIS DECISION:
Article 1
Mr Peter ØSTERGÅRD HAVE of Danish nationality, born on 13 December 1976, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Eskil Toft THUESEN for the period from 13 May 2013 to 31 May 2015.
Article 2
This Decision shall enter into force on the day of its adoption.

Done at Brussels, 13 May 2013.


For the Council


The President

S. COVENEY




(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 151, 21.5.2011, p. 1.
Case C-255/13: Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 13 May 2013 — Peter Flood v Health Service Executive
Date: 2013-05-13
Institutions: Court of Justice
Subjects: health care, holiday, illness, residence, social security, therapeutics








C_2013189EN.01001401.xml










29.6.2013   


EN


Official Journal of the European Union


C 189/14





Reference for a preliminary ruling from High Court of Ireland (Ireland) made on 13 May 2013 — Peter Flood v Health Service Executive
(Case C-255/13)
2013/C 189/27
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicant: Peter Flood

Defendant: Health Service Executive

Question referred

Is an insured citizen of a Member State (‘the First Member State’) who has been gravely ill for eleven years as a result of a serious medical condition which first manifested itself while that person was resident in the First Member State but was on holidays in another Member State (‘the Second Member State’) to be regarded as ‘staying’ in that Second Member State for that period for the purpose of either Article 19(1) or, alternatively, Article 20(1) and Article 20(2) of Regulation No 883/2004 (1) where the person in question has been effectively compelled by reason of his acute medical illness and the convenient proximity to specialist medical care physically to remain in that Member State for that period?


(1)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems
OJ L 166, p. 1
Case C-259/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 May 2013 — Elena Recinto-Pfingsten v Swiss International Air Lines AG
Date: 2013-05-13
Institutions: Court of Justice
Subjects: Switzerland, agreement (EU), airport, indemnification, traveller








C_2013260EN.01002001.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/20





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 13 May 2013 — Elena Recinto-Pfingsten v Swiss International Air Lines AG
(Case C-259/13)
2013/C 260/34
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Elena Recinto-Pfingsten

Defendant: Swiss International Air Lines AG

Question referred

Is the Agreement (1) on air transport between the Swiss Confederation and the European Community of 21 June 1999, as amended by Decision No 2/2010 (2) of the Community/Switzerland Air Transport Committee of 26 November 2010, to be interpreted as meaning that Regulation (EC) No 261/2004 (3) of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, is applicable, in accordance with Article 3(1)(a), also to passengers who embark on a flight to a third country from airports in Switzerland?


(1)  Agreement between the European Community and the Swiss Confederation on Air Transport — Final Act — Joint Declarations — Information relating to the entry into force of the seven Agreements with the Swiss Confederation in the sectors free movement of persons, air and land transport, public procurement, scientific and technological cooperation, mutual recognition in relation to conformity assessment, and trade in agricultural products (OJ 2002 L 114, p. 73).

(2)  Decision No 2/2010 of the Joint Community/Switzerland Air Transport Committee set up under the Agreement between the European Community and the Swiss Confederation on Air Transport of 26 November 2010 replacing the Annex to the Agreement between the European Community and the Swiss Confederation on Air Transport (OJ 2010 L 347, p. 54).

(3)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).