do-me/EUR-LEX huggingface dataset:
Case C-277/13: Action brought on 21 May 2013 — European Commission v Portuguese Republic
Date: 2013-05-21
Institutions: Court of Justice
Subjects: Portugal, consumer protection, ground handling, infringement of EU law, provision of services, regions of Portugal, transport infrastructure








C_2013233EN.01000201.xml










10.8.2013   


EN


Official Journal of the European Union


C 233/2





Action brought on 21 May 2013 — European Commission v Portuguese Republic
(Case C-277/13)
2013/C 233/02
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: P. Guerra e Andrade and F.W. Bulst, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

The Commission claims that the Court of Justice should:






—


declare that, by failing to take the necessary measures for the organisation of a selection procedure for suppliers authorised to provide groundhandling, ramp handling and freight and mail handling services at Lisbon, Porto and Faro airports, in accordance with Article 11 of Directive 96/67/EC, (1) the Portuguese State has failed to comply with Article 11 of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports;










—


order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

Having failed to open up its groundhandling market to suppliers, the Portuguese State has acted contrary to European Union law.
Having limited the number of groundhandling service suppliers authorised to provide groundhandling, ramp handling and freight and mail handling services, the Portuguese State was required to organise a selection procedure in accordance with Article 11 of Directive 96/67/EC. The procedure should also have been organised following consultation with the Airport Users’ Committee. Moreover, pursuant to Article 11(1)(d) of Directive 96/67/EC, suppliers are to be selected for a maximum period of seven years.


(1)  OJ 1996 L 272, p. 36.
Case T-272/13: Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)
Date: 2013-05-21
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2013207EN.01004701.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/47





Action brought on 21 May 2013 — Max Mara Fashion Group/OHIM — Mackays Stores (M&Co.)
(Case T-272/13)
2013/C 207/78
Language in which the application was lodged: English

Parties


Applicant: Max Mara Fashion Group Srl (Torino, Italy) (represented by: F. Terrano, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mackays Stores Ltd (Renfrew, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision of the Second Board of Appeal of 7 March 2013 in Case R 1199/2012-2;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing the word element ‘M&Co.’ for goods and services in classes 25 and 35 — Community trade mark application No 9 128 679

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Figurative marks containing the word element ‘MAX&Co.’ for goods and services in classes 18, 24, 25, 35, 42

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Case F-48/13: Action brought on 21 May 2013 — ZZ v Parliament
Date: 2013-05-21
Institutions: Civil Service Tribunal
Subjects: European official, report, staff assessment








C_2013207EN.01006302.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/63





Action brought on 21 May 2013 — ZZ v Parliament
(Case F-48/13)
2013/C 207/111
Language of the case: English

Parties


Applicant: ZZ (represented by: C. Bernard-Glanz, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the 2011 staff report of the applicant.

Form of order sought







—


Annul the 2011 staff report of the applicant, as finalised and amended by decisions of the Appointing Authority of 18 July 2012 and 29 January 2013;










—


annul the decision of the Appointing Authority of 29 January 2013, rejecting the complaint lodged pursuant to Article 90(2) SR;










—


order the defendant to pay the costs.
European Parliament legislative resolution of 21 May 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the European Organisation for the Safety of Air Navigation providing a general framework for enhanced cooperation (05822/2013 — C7-0044/2013 — 2012/0213 (NLE))
Date: 2013-05-21
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Eurocontrol, air safety, air space, air traffic, air traffic control, consent procedure, cooperation agreement (EU), enhanced cooperation, ratification of an agreement








C_2016055EN.01013602.xml










12.2.2016   


EN


Official Journal of the European Union


C 55/136





P7_TA(2013)0192
Enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation ***
European Parliament legislative resolution of 21 May 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the European Organisation for the Safety of Air Navigation providing a general framework for enhanced cooperation (05822/2013 — C7-0044/2013 — 2012/0213 (NLE))
(Consent)
(2016/C 055/28)

The European Parliament,






—


having regard to the draft Council decision (05822/2013),










—


having regard to the Council Decision on the signing, on behalf of the Union, and provisional application of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation (13792/2012),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0044/2013),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0157/2013),












1.


Consents to conclusion of the Agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and the European Organisation for the Safety of Air Navigation.
European Parliament legislative resolution of 21 May 2013 on the draft Council regulation amending Regulation (EEC/Euratom) No 354/83, as regards the deposit of the historical archives of the institutions at the European University Institute in Florence (06867/2013 — C7-0081/2013 — 2012/0221(APP))
Date: 2013-05-21
Institutions: Committee on Budgets, Committee on Civil Liberties, Justice and Home Affairs, Committee on Constitutional Affairs, Committee on Culture and Education, European Parliament
Subjects: EU institution, European University Institute, access to EU information, archives, consent procedure








C_2016055EN.01013701.xml










12.2.2016   


EN


Official Journal of the European Union


C 55/137





P7_TA(2013)0193
Amendment of Regulation (EEC/Euratom) No 354/83, as regards the deposit of the historical archives of the institutions at the European University Institute in Florence ***
European Parliament legislative resolution of 21 May 2013 on the draft Council regulation amending Regulation (EEC/Euratom) No 354/83, as regards the deposit of the historical archives of the institutions at the European University Institute in Florence (06867/2013 — C7-0081/2013 — 2012/0221(APP))
(Special legislative procedure — consent)
(2016/C 055/29)

The European Parliament,






—


having regard to the draft Council regulation (06867/2013),










—


having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C7-0081/2013),










—


having regard to Rule 81(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Culture and Education and the opinion of the Committee on Constitutional Affairs (A7-0156/2013),












1.


Consents to the draft Council regulation;












2.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
European Parliament legislative resolution of 21 May 2013 on the draft Council decision fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage (07279/2013 — C7-0068/2013 — 2013/0802(CNS))
Date: 2013-05-21
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: European election, Member of the European Parliament, consultation procedure, universal suffrage, vote








C_2016055EN.01013801.xml










12.2.2016   


EN


Official Journal of the European Union


C 55/138





P7_TA(2013)0194
Period for the eighth election of representatives to the European Parliament by direct universal suffrage*
European Parliament legislative resolution of 21 May 2013 on the draft Council decision fixing the period for the eighth election of representatives to the European Parliament by direct universal suffrage (07279/2013 — C7-0068/2013 — 2013/0802(CNS))
(Consultation)
(2016/C 055/30)

The European Parliament,






—


having regard to the Council draft (07279/2013),










—


having regard to Article 11(2), second subparagraph, of the Act concerning the election of the members of the European Parliament by direct universal suffrage (1), pursuant to which the Council consulted Parliament (C7-0068/2013),










—


having regard to its resolution of 22 November 2012 on the elections to the European Parliament in 2014 (2),










—


having regard to Rules 55 and 46(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Constitutional Affairs (A7-0138/2013),












1.


Approves the Council draft;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, and, for information, to the governments and parliaments of the Member States and of the Republic of Croatia.






(1)  Annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 (OJ L 278, 8.10.1976, p. 1), as amended by Council Decision 93/81/Euratom, ECSC, EEC (OJ L 33, 9.2.1993, p. 15), and Council Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).

(2)  Texts adopted, P7_TA(2012)0462.
2013/239/EU: Council Decision of 21 May 2013 appointing an Estonian alternate member of the Committee of the Regions
Date: 2013-05-21
Institutions: Council of the European Union
Subjects: Estonia, European Committee of the Regions, appointment of members








L_2013141EN.01004301.xml










28.5.2013   


EN


Official Journal of the European Union


L 141/43








            COUNCIL DECISION
         
of 21 May 2013
         
appointing an Estonian alternate member of the Committee of the Regions
(2013/239/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 Estonian 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)


An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Andres JAADLA,





HAS ADOPTED THIS DECISION:



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






—


Mr Mihkel JUHKAMI, Chairman, Rakvere City Council.






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




Done at Brussels, 21 May 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.
European Parliament legislative resolution of 21 May 2013 on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka (15318/2012 — C7-0391/2012 — 2012/0018(NLE))
Date: 2013-05-21
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Sri Lanka, agreement (EU), air transport, consent procedure, ratification of an agreement








C_2016055EN.01013601.xml










12.2.2016   


EN


Official Journal of the European Union


C 55/136





P7_TA(2013)0191
EU-Sri Lanka Agreement on certain aspects of air services ***
European Parliament legislative resolution of 21 May 2013 on the draft Council decision on the conclusion of the Agreement on certain aspects of air services between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka (15318/2012 — C7-0391/2012 — 2012/0018(NLE))
(Consent)
(2016/C 055/27)

The European Parliament,






—


having regard to the draft Council decision (15318/2012),










—


having regard to the Agreement between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services (08176/2012),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a), and Article 218(8), first subparagraph, of the Treaty on the Functioning of the European Union (C7-0391/2012),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0169/2013),












1.


Consents to conclusion of the Agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Democratic Socialist Republic of Sri Lanka.
European Parliament decision of 21 May 2013 concerning oral amendments and other oral modifications (interpretation of Rule 156(6) of the Rules of Procedure)
Date: 2013-05-21
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: amendment, interpretation of the law, parliamentary rules of procedure, parliamentary vote








C_2016055EN.01013501.xml










12.2.2016   


EN


Official Journal of the European Union


C 55/135





P7_TA(2013)0207
Oral amendments and other oral modifications (interpretation of Rule 156(6) of the Rules of Procedure)
European Parliament decision of 21 May 2013 concerning oral amendments and other oral modifications (interpretation of Rule 156(6) of the Rules of Procedure)
(2016/C 055/26)

The European Parliament,







—


having regard to the letter of 24 April 2013 from the Chair of the Committee on Constitutional Affairs,










—


having regard to Rule 211 of its Rules of Procedure,












1.


Decides to append the following interpretation to Rule 156(6):
‘On a proposal from the President, an oral amendment, or any other oral modification, shall be treated in the same way as an amendment not distributed in all the official languages. If the President considers it admissible under Rule 157(3), and save in the case of objection under Rule 156(6), it shall be put to the vote in accordance with the order of voting established.
In committee, the number of votes needed to object to such an amendment or such a modification is established on the basis of Rule 196 proportionally to that applicable in plenary, rounded up where necessary to the nearest complete number.’












2.


Instructs its President to forward this decision to the Council and the Commission, for information.
Case C-276/13: Request for a preliminary ruling from the Juzgado de lo Mercantil de Pontevedra (Spain) lodged on 21 May 2013 — Pablo Acosta Padín v Hijos de J. Barreras, S.A.
Date: 2013-05-21
Institutions: Court of Justice
Subjects: Spain, income in addition to normal pay, interpretation of the law, legal profession, price list








C_2013207EN.01003202.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/32





Request for a preliminary ruling from the Juzgado de lo Mercantil de Pontevedra (Spain) lodged on 21 May 2013 — Pablo Acosta Padín v Hijos de J. Barreras, S.A.
(Case C-276/13)
2013/C 207/54
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil de Pontevedra

Parties to the main proceedings


Applicant: Pablo Acosta Padín

Defendant: Hijos de J. Barreras, S.A.

Questions referred







1.


Are Article 101 TFEU (formerly Article 81 of the EC Treaty, read in conjunction with Article 10 thereof) and Article 4(3) TEU compatible with rules such as those laid down in the regulation on the tariff for Procuradores de los Tribunales (Real Decreto 1373/2003 of 7 November 2003), under which procuradores are remunerated in accordance with a minimum tariff or scale, which can be varied, upwards or downwards, only by 12 % — in light of the fact that it is not really possible for the authorities of the Member State, including the courts, to depart from the minimum levels laid down in the statutory scale if exceptional circumstances arise?










2.


For the purposes of applying the tariff without applying the minimum levels laid down therein: may the fact that the fees payable under the scale or tariff are markedly disproportionate to the work actually carried out be regarded as exceptional circumstances?










3.


Is Article 56 TFEU (formerly Article 49 [of the EC Treaty]) compatible with Real Decreto 1373/2003 of 7 November 2003, the regulation on the tariff applying to procuradores?










4.


Do those rules meet the requirements of necessity and proportionality referred to in Article 15(3) of Directive 2006/123/EC? (1)











5.


Does Article 6 of the European Convention on Human Rights, entrenching the right to a fair trial, encompass the right to be able to mount a proper defence in a situation where the figure at which the fees of a procurador are set is disproportionately high and does not reflect the work actually carried out?










6.


If so, is the Spanish Ley de Enjuiciamiento Civil compatible with Article 6 of the European Convention on Human Rights in so far as it prevents the party ordered to pay costs from challenging the fees claimed by the procurador on the grounds that they are excessively high and do not reflect the work actually carried out?






(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).
Case C-272/13: Request for a preliminary ruling from the Commissione Tributaria Regionale per la Toscana (Italy) lodged on 21 May 2013 — Equoland Soc. coop. arl v Agenzia delle Dogane
Date: 2013-05-21
Institutions: Court of Justice
Subjects: Italy, VAT, customs warehouse, import, interpretation of the law, invoicing, tax exemption








C_2013207EN.01003201.xml










20.7.2013   


EN


Official Journal of the European Union


C 207/32





Request for a preliminary ruling from the Commissione Tributaria Regionale per la Toscana (Italy) lodged on 21 May 2013 — Equoland Soc. coop. arl v Agenzia delle Dogane
(Case C-272/13)
2013/C 207/53
Language of the case: Italian

Referring court

Commissione Tributaria Regionale per la Toscana

Parties to the main proceedings


Applicant: Equoland Soc. coop. arl

Defendant: Agenzia delle Dogane — Ufficio delle Dogane di Livorno

Questions referred







1.


In order to benefit, under Article 16 of the Sixth Council Directive 77/388/EEC (1) of 17 May 1977 and Articles 154 and 157 of Council Directive 2006/112/EC, (2) from the exemption from the payment of the VAT on importation resulting from the placement of the imported goods under warehousing arrangements other than customs warehousing, that is to say under VAT warehousing arrangements, is it sufficient that such placement occur only on paper and not physically?










2.


Do the Sixth Council Directive 77/388/EEC and Council Directive 2006/112/EC preclude a practice whereby a Member State collects VAT on importation despite the fact that that VAT — by error or irregularity — has been settled already under the reverse charge mechanism through self-invoicing and simultaneous entry in the sales and purchases register?










3.


Is the principle of VAT neutrality breached when the Member State seeks to collect VAT which has already been settled under the reverse charge mechanism through self-invoicing and simultaneous entry in the sales and purchases register?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case C-275/13: Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 May 2013 — Elcogás, S.A. v Administración del Estado and Iberdrola, S.A.
Date: 2013-05-21
Institutions: Court of Justice
Subjects: Spain, State aid, aid to undertakings, consumer protection, control of State aid, electrical energy, energy industry, equal treatment, interpretation of the law








C_2013226EN.01000203.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/2





Request for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 May 2013 — Elcogás, S.A. v Administración del Estado and Iberdrola, S.A.
(Case C-275/13)
(2013/C 226/04)
Language of the case: Spanish

Referring court

Tribunal Supremo, Spain

Parties to the main proceedings


Applicant: Elcogás, S.A.

Defendants: Administración del Estado, Iberdrola, S.A.

Question referred

Does the interpretation of Article 107(1) of the Treaty on the Functioning of the European Union, and of the case-law of the Court of Justice of the European Union concerning that article (in particular, the judgments in Cases C-379/98 (1) and C-206/06 (2)), mean that the annual sums allocated to Elcogás in its capacity as the owner of a particular electricity generating facility, as provided for in the extraordinary viability plans approved for Elcogás by the Council of Ministers, are to be regarded as ‘aid granted by a Member State or through State resources’, where those sums are collected under the general category of ‘permanent costs of the electricity system’, which are paid by all users and are transferred to undertakings in the electricity sector by means of subsequent settlements made by the Comisión Nacional de Energía (National Energy Commission) in accordance with predetermined statutory criteria, for which purpose that Commission has no margin of discretion?


(1)  2001, ECR I-2099.

(2)  2008, ECR I-5497.