do-me/EUR-LEX huggingface dataset:
Case T-320/13: Action brought on 13 June 2013 — DelSolar (Wujiang) v Commission
Date: 2013-06-13
Institutions: General Court
Subjects: China, EU aid, application of EU law, dumping, generalised preferences, import, market economy, production cost, tax system, third country








C_2013215EN.01001901.xml










27.7.2013   


EN


Official Journal of the European Union


C 215/19





Action brought on 13 June 2013 — DelSolar (Wujiang) v Commission
(Case T-320/13)
2013/C 215/27
Language of the case: English

Parties


Applicant: DelSolar (Wujiang) Ltd (Wujiang City, China) (represented by: L. Catrain González, lawyer, E. Wright and H. Zhu, Barristers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Regulation (EU) No 513/2013 (1), in so far as it applies to the applicant;










—


Order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the European Commission has made a manifest error of law by amplifying the scope of third indent of Article 2(7)(c) of the Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ 2009 L 343, p. 51) (the ‘Basic Regulation’) and reviewing alleged significant distortions which, because they have not been carried over from the former non-market economy system, they clearly fell outside the scope of the third indent of Article 2(7)(c) of the Basic Regulation










2.


Second plea in law, alleging that the the European Commission has wrongly concluded that the production costs and overall financial situation of the applicant were subject to significant distortions carried over from the former non-market economy system as provided in the third indent of the Basic Regulation.










3.


Third plea in law, alleging that the European Commission has made an error of assessment in light of the fact that neither the negligible subsidies received nor the preferential tax regime received by the applicant and its affiliate Delta Greentech (China) Co. Ltd. (jointly referred as ‘DelSolar Group’) were ‘carried over from the former non-market economy system’.










4.


Fourth plea in law, alleging that the decision of the European Commission to reject the applicant's market economy treatment (‘MET’) request on the sole basis of a preferential tax regime and negligible subsidies is disproportionate and unnecessary.






(1)  Commission Regulation (EU) No 513/2013 of 4 June 2013 imposing a provisional anti-dumping duty on imports of crystalline silicon photovoltaic modules and key components (i.e. cells and wafers) originating in or consigned from the People’s Republic of China and amending Regulation (EU) No 182/2013 making these imports originating in or consigned from the People’s Republic of China subject to registration (OJ 2013 L 152, p. 5)
Case T-318/13: Action brought on 13 June 2013 — Vita Phone v OHIM (LIFEDATA)
Date: 2013-06-13
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telephone, trade-mark law








C_2013226EN.01002502.xml










3.8.2013   


EN


Official Journal of the European Union


C 226/25





Action brought on 13 June 2013 — Vita Phone v OHIM (LIFEDATA)
(Case T-318/13)
(2013/C 226/34)
Language of the case: German

Parties


Applicant: Vita Phone GmbH (Mannheim, Germany) (represented by P. Ruess and A. Doepner-Thiele, lawyers)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2013 in Case R 1072/2012-1;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘LIFEDATA’ for goods and services in Classes 10 and 44 — Community trade mark application No 10 525 053

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:







—


Infringement of Article 7(1)(b) of Regulation No 207/2009










—


Infringement of Article 7(1)(c) of Regulation No 207/2009
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2013-06-13
Institutions: European Commission
Subjects: France, State aid, control of State aid, dairy production, farming sector, silviculture








C_2013167EN.01000601.xml










13.6.2013   


EN


Official Journal of the European Union


C 167/6





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2013/C 167/02







Date of adoption of the decision


15.5.2013




Reference number of State Aid


SA.36009 (13/N)




Member State


France




Region


—


—




Title (and/or name of the beneficiary)


Aide à la cessation d'activité laitière




Legal basis








—


articles D. 654-88-1 à D. 654-88-8 du code rural et de la pêche maritime










—


arrêté du 26 août 2010 relatif à l’octroi d’une indemnité à l’abandon total ou partiel de la production laitière et à la mise en œuvre d’un dispositif spécifique de transfert de quotas laitiers pour les campagnes 2010-2011 à 2013-2014










—


arrêté du 30 mars 2011 modifiant l'arrêté du 26 août 2010 relatif à l’octroi d’une indemnité à l’abandon total ou partiel de la production laitière et à la mise en œuvre d’un dispositif spécifique de transfert de quotas laitiers pour les campagnes 2010-2011 à 2013-2014








Type of measure


Scheme


—




Objective


Closing capacity




Form of aid


Direct grant




Budget








 


Overall budget: EUR 40 million










 


Annual budget: EUR 40 million








Intensity


Measure does not constitute aid




Duration (period)


Until 31.3.2014




Economic sectors


Agriculture, forestry and fishing




Name and address of the granting authority







Ministère de l'agriculture, de l'agroalimentaire et de la forêt




3 rue Barbet de Jouy




75349 Paris 07 SP




FRANCE








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Case C-62/12: Judgment of the Court (First Chamber) of 13 June 2013 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Galin Kostov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite (Common system of value added tax — Directive 2006/112/EC — Article 9(1) — Concept of ‘taxable person’ — Natural person — Taxable supply of a service — Occasional supply — Unconnected with a registered professional activity subject to VAT — Self-employed bailiff)
Date: 2013-06-13
Institutions: Court of Justice
Subjects: Bulgaria, VAT, bailiff, casual employment, interpretation of the law, natural person, provision of services








C_2013225EN.01002601.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/26





Judgment of the Court (First Chamber) of 13 June 2013 (request for a preliminary ruling from the Administrativen sad — Varna — Bulgaria) — Galin Kostov v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite
(Case C-62/12) (1)

(Common system of value added tax - Directive 2006/112/EC - Article 9(1) - Concept of ‘taxable person’ - Natural person - Taxable supply of a service - Occasional supply - Unconnected with a registered professional activity subject to VAT - Self-employed bailiff)
2013/C 225/41
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant: Galin Kostov

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno upravlenie na Natsionalnata agentsia za prihodite

Re:

Request for a preliminary ruling — Administrativen sad — Varna — Interpretation of Article 9(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Concept of taxable person — Liability to VAT of a natural person carrying out, on an occasional basis, supplies of taxable services not connected with his profession as a bailiff

Operative part of the judgment

Article 9(1) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax is to be interpreted as meaning that a natural person who is already a taxable person for value added tax purposes in respect of his activities as a self-employed bailiff must be regarded as a ‘taxable person’ in respect of any other economic activity carried out occasionally, provided that that activity constitutes an activity within the meaning of the second subparagraph of Article 9(1) of Directive 2006/112.


(1)  OJ C 118, 21.4.2012.
Case C-345/12: Judgment of the Court (Tenth Chamber) of 13 June 2013 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2002/91/EC — Energy performance of buildings — Article 7(1) and (2), Article 9, Article 10 and Article 15(1) — Incorrect transposition — Failure to transpose within the prescribed period — Directive 2010/31/EU — Article 29)
Date: 2013-06-13
Institutions: Court of Justice
Subjects: Italy, building, energy saving, infringement of EU law, national implementing measure








C_2013225EN.01003801.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/38





Judgment of the Court (Tenth Chamber) of 13 June 2013 — European Commission v Italian Republic
(Case C-345/12) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/91/EC - Energy performance of buildings - Article 7(1) and (2), Article 9, Article 10 and Article 15(1) - Incorrect transposition - Failure to transpose within the prescribed period - Directive 2010/31/EU - Article 29)
2013/C 225/64
Language of the case: Italian

Parties


Applicant: European Commission (represented by: E. Montaguti and K. Herrmann, acting as Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and by A. De Stefano, avvocato dello Stato)

Re:

Failure to fulfil obligations — Failure to have taken, within the prescribed period, all the provisions necessary to comply with Article 7(1) and (2), Article 10 and Article 15(1) of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (OJ 2003 L 1, p. 65), read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ 2010 L 153, p. 13)

Operative part of the judgment

The Court:






1.


Declares that, by failing to lay down an obligation to present, when buildings are sold or rented out, an energy performance certificate, in accordance with Articles 7 and 10 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings, and in having failed to notify the European Commission of the measures transposing Article 9 of Directive 2002/91, the Italian Republic has failed to fulfil its obligations under Article 7(1) and (2), Article 10 and Article 15(1) of that directive, read in conjunction with Article 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 287, 22.9.2012.
Commission Regulation (EU) No 554/2013 of 13 June 2013 establishing a prohibition of fishing for haddock in VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain
Date: 2013-06-13
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2013164EN.01000901.xml










18.6.2013   


EN


Official Journal of the European Union


L 164/9








            COMMISSION REGULATION (EU) No 554/2013
of 13 June 2013
         
establishing a prohibition of fishing for haddock in VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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 June 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 1.




ANNEX






No


07/TQ39




Member State


Spain




Stock


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)




Zone


VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1




Date


1.6.2013
Commission Regulation (EU) No 553/2013 of 13 June 2013 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2013-06-13
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013164EN.01000701.xml










18.6.2013   


EN


Official Journal of the European Union


L 164/7








            COMMISSION REGULATION (EU) No 553/2013
of 13 June 2013
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 40/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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 June 2013.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 54.




ANNEX






No


06/TQ40




Member State


Spain




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


1.6.2013
Euro exchange rates
Date: 2013-06-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2013167EN.01000801.xml










13.6.2013   


EN


Official Journal of the European Union


C 167/8





Euro exchange rates (1)

12 June 2013
2013/C 167/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3277




JPY


Japanese yen


128,30




DKK


Danish krone


7,4571




GBP


Pound sterling


0,84825




SEK


Swedish krona


8,6808




CHF


Swiss franc


1,2323




ISK


Iceland króna


 




NOK


Norwegian krone


7,6650




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,660




HUF


Hungarian forint


296,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7019




PLN


Polish zloty


4,2532




RON


Romanian leu


4,4910




TRY


Turkish lira


2,4906




AUD


Australian dollar


1,3927




CAD


Canadian dollar


1,3489




HKD


Hong Kong dollar


10,3095




NZD


New Zealand dollar


1,6604




SGD


Singapore dollar


1,6672




KRW


South Korean won


1 498,19




ZAR


South African rand


13,2994




CNY


Chinese yuan renminbi


8,1434




HRK


Croatian kuna


7,4705




IDR


Indonesian rupiah


13 090,63




MYR


Malaysian ringgit


4,1577




PHP


Philippine peso


57,140




RUB


Russian rouble


42,8380




THB


Thai baht


41,106




BRL


Brazilian real


2,8243




MXN


Mexican peso


16,9295




INR


Indian rupee


76,7610






(1)  Source: reference exchange rate published by the ECB.
European Parliament legislative resolution of 13 June 2013 on the draft Council decision concluding the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (14757/2012 — C7-0369/2012 — 2008/0139(NLE))
Date: 2013-06-13
Institutions: Committee on Development, Committee on International Trade, European Parliament
Subjects: Central Africa, consent procedure, cooperation agreement (EU), economic cooperation, interim agreement (EU), ratification of an agreement








C_2016065EN.01025701.xml










19.2.2016   


EN


Official Journal of the European Union


C 65/257





P7_TA(2013)0272
Stepping-stone Economic Partnership Agreement between the EC and Central Africa ***
European Parliament legislative resolution of 13 June 2013 on the draft Council decision concluding the interim agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (14757/2012 — C7-0369/2012 — 2008/0139(NLE))
(Consent)
(2016/C 065/51)

The European Parliament,






—


having regard to the draft Council decision (14757/2012),










—


having regard to the draft Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (13485/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 207, Article 211 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0369/2012),










—


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










—


having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Development (A7-0190/2013),










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 Republic of Cameroon.