do-me/EUR-LEX huggingface dataset:
Council Decision 2013/269/CFSP of 27 May 2013 authorising Member States to sign, in the interests of the European Union, the Arms Trade Treaty
Date: 2013-05-27
Institutions: Council of the European Union
Subjects: EU Member State, arms trade, conventional weapon, signature of an agreement








L_2013155EN.01000901.xml










7.6.2013   


EN


Official Journal of the European Union


L 155/9








            COUNCIL DECISION 2013/269/CFSP
of 27 May 2013
         
authorising Member States to sign, in the interests of the European Union, the Arms Trade Treaty


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 and Article 207(3) in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 11 March 2013, the Council authorised the Commission to negotiate the Arms Trade Treaty in the framework of the United Nations on those matters coming under the exclusive competence of the Union.












(2)


On 2 April 2013, the General Assembly of the United Nations adopted the text of the Arms Trade Treaty. The General Assembly also requested the Secretary-General, as depositary of the Treaty, to open it for signature on 3 June 2013 and called upon all States to consider signing and, thereafter, according to their respective constitutional processes, becoming parties to the Treaty at the earliest possible date.












(3)


The object of the Treaty is to establish the highest possible common international standards for regulating or improving the regulation of the international trade in conventional arms, to prevent and eradicate the illicit trade in conventional arms and prevent their diversion. Member States expressed their satisfaction with the outcome of the negotiations and their willingness to urgently proceed to the signature of the Treaty.












(4)


Some of the provisions of the Treaty concern matters that fall under the exclusive competence of the Union because they are within the scope of the Common Commercial Policy or affect the Internal Market rules for the transfer of conventional arms and explosives.












(5)


The European Union cannot sign the Treaty, as only States can be parties thereto.












(6)


Therefore, in accordance with Article 2(1) of the Treaty on the Functioning of the European Union, with respect to those matters falling under the exclusive competence of the Union, the Council should authorise Member States to sign the Treaty in the interests of the Union,





HAS ADOPTED THIS DECISION:



Article 1
With respect to those matters falling under the exclusive competence of the Union, Member States are hereby authorised to sign the Arms Trade Treaty in the interests of the Union.


Article 2
Member States are encouraged to sign the Arms Trade Treaty at the Solemn Ceremony in New York, on 3 June 2013, or at the earliest possible date.


Article 3
This Decision is addressed to the Member States.




Done at Brussels, 27 May 2013.


For the Council


The President

C. ASHTON
Case C-294/13 P: Appeal brought on 27 May 2013 by European Commission against the judgment of the General Court (Eighth Chamber) delivered on 14 March 2013 in Case T-587/08: Fresh Del Monte Produce, Inc. v European Commission
Date: 2013-05-27
Institutions: Court of Justice
Subjects: cartel, exchange of information, fine, tropical fruit








C_2013252EN.01001901.xml










31.8.2013   


EN


Official Journal of the European Union


C 252/19





Appeal brought on 27 May 2013 by European Commission against the judgment of the General Court (Eighth Chamber) delivered on 14 March 2013 in Case T-587/08: Fresh Del Monte Produce, Inc. v European Commission
(Case C-294/13 P)
2013/C 252/28
Language of the case: English

Parties


Appellant: European Commission (represented by: A. Biolan, M. Kellerbauer, P.J.O. Van Nuffel, agents)

Other parties to the proceedings: Fresh Del Monte Produce, Inc., Internationale Fruchtimport Gesellschaft Weichert GmbH & Co. KG

Form of order sought

The appellant claims that the Court should:






—


Set aside point 1 of the operative part judgment of the General Court of 14 March 2013 in Case T-587/08, Fresh Del Monte Produce Inc. v Commission;










—


Give final judgment by setting the amount of the fine for Fresh Del Monte Produce Inc. at EUR 9 800 000;










—


Order Fresh Del Monte Produce Inc. to pay the costs of the appeal and such proportion of the costs of the proceedings before the General Court as the Court of Justice considers appropriate.





Pleas in law and main arguments

The Commission submits that the General Court infringed Article 23 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1) read together with the Commission notice on immunity from fines and reduction of fines in cartel cases (2) and the principle of effective enforcement of Articles 101 and 102 TFEU, by considering that information supplied to the Commission in response to a request for information must be taken into account for a reduction of the fine as voluntary cooperation having facilitated the Commission’s investigation.
In the alternative, the Commission submits that the General Court infringed Article 23 of Regulation No 1/2003 and the duty to state reasons by reducing the fine imposed on Del Monte for Weichert’s cooperation during the administrative procedure although Del Monte and Weichert no longer formed part of the same undertaking at the point in time of Weichert’s alleged cooperative conduct.


(1)  OJ L 1, p. 1.

(2)  OJ C 45, p. 3.
Council Decision 2013/241/CFSP of 27 May 2013 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
Date: 2013-05-27
Institutions: Council of the European Union
Subjects: EU police mission, Kosovo, financing level




L_2013141EN.01004701.xml










28.5.2013   


EN


Official Journal of the European Union


L 141/47








            COUNCIL DECISION 2013/241/CFSP
of 27 May 2013
         
amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo (1), EULEX KOSOVO


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative for Foreign Affairs and Security Policy,

Whereas:







(1)


On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2).












(2)


On 5 June 2012, the Council adopted Decision 2012/291/CFSP (3) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2014.












(3)


The financial reference amount covers the period until 14 June 2013. Joint Action 2008/124/CFSP should be amended to provide a new financial reference amount intended to cover the period from 15 June 2013 until 14 June 2014.












(4)


EULEX KOSOVO will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty.












(5)


Joint Action 2008/124/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 16(1) of Joint Action 2008/124/CFSP is replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure of EULEX KOSOVO until 14 October 2010 shall be EUR 265 000 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 October 2010 until 14 December 2011 shall be EUR 165 000 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 December 2011 until 14 June 2012 shall be EUR 72 800 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2012 until 14 June 2013 shall be EUR 111 000 000.
The financial reference amount intended to cover the expenditure of EULEX KOSOVO from 15 June 2013 until 14 June 2014 shall be EUR 110 000 000.’.



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




Done at Brussels, 27 May 2013.


For the Council


The President

C. ASHTON
            





(1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/99 and the ICJ Opinion on the Kosovo declaration of independence.

(2)  
            OJ L 42, 16.2.2008, p. 92.

(3)  
            OJ L 146, 6.6.2012, p. 46.
Case C-292/13 P: Appeal brought on 27 May 2013 by Fabryka Łożysk Tocznych-Kraśnik S.A. against the judgment delivered by the General Court on 22 March 2013 in Case T-571/10 Fabryka Łożysk Tocznych-Kraśnik S.A. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Impexmetal
Date: 2013-05-27
Institutions: Court of Justice
Subjects: EU trade mark, General Court (EU), infringement of EU law, jurisdiction, registered trade mark, trade-mark law








C_2013215EN.01001101.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/11





Appeal brought on 27 May 2013 by Fabryka Łożysk Tocznych-Kraśnik S.A. against the judgment delivered by the General Court on 22 March 2013 in Case T-571/10 Fabryka Łożysk Tocznych-Kraśnik S.A. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) — Impexmetal
(Case C-292/13 P)
2013/C 215/14
Language of the case: Polish

Parties


Appellant: Fabryka Łożysk Tocznych-Kraśnik S.A. (represented by: P. Borowski, adwokat)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Impexmetal S.A.

Form of order sought







—


set aside the judgment in its entirety and uphold the application of 16 December 2010 in its entirety by annulling the decision of 6 October 2010 of the First Board of Appeal of the Office for Harmonisation in the Internal Market;










—


in the event that this head of claim is not upheld, set aside the judgment in its entirety and refer the present case back to the General Court for reconsideration;










—


order the other parties to the proceedings to pay the costs, including the costs incurred by the appellant in the proceedings before the Board of Appeal and the Opposition Division of the Office for Harmonisation in the Internal Market, and those incurred in the proceedings before the General Court.





Pleas in law and main arguments

The appellant claims that the General Court breached Article 8(1)(b) of Regulation No 207/2009 by applying that provision to factual circumstances not covered by it.
In the view of the appellant, the erroneous application of that provision is attributable to the General Court’s incorrect assumption that the appellant’s mark is similar to the older Community figurative mark of the intervener and that there is for that reason a likelihood of confusion on the part of the public. The General Court, it submits, failed to take account of the following facts:






—


the similarity between the marks does not justify the assertion that this might be the source of a likelihood of confusion;










—


the appellant’s mark is a part of its commercial name and this name has been used long before the application for registration;










—


that mark is a historically well-founded designation of the appellant;










—


the marks in issue have for a long time co-existed peacefully on one and the same market.
Case T-45/11: Order of the General Court of 27 May 2013 — Italy v Commission
Date: 2013-05-27
Institutions: General Court
Subjects: bank, economic concentration, merger control, subsidiary








C_2013225EN.01008301.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/83





Order of the General Court of 27 May 2013 — Italy v Commission
(Case T-45/11) (1)

2013/C 225/186
Language of the case: Italian
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 80, 12.3.2011.
Case F-53/13: Action brought on 27 May 2013 — ZZ v EEAS
Date: 2013-05-27
Institutions: Civil Service Tribunal
Subjects: administrator, foreign policy, promotion








C_2013215EN.01002003.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/20





Action brought on 27 May 2013 — ZZ v EEAS
(Case F-53/13)
2013/C 215/30
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Orlandi, J.-N. Louis and Abreu Caldas, lawyers)

Defendant: European External Action Service

Subject-matter and description of the proceedings

Annulment of the decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the appointing authority’s decision not to promote the applicant to Grade AD12 in the 2012 promotion procedure;










—


order the EEAS to pay the costs.