do-me/EUR-LEX huggingface dataset:
2013/380/EU: Council Decision of 9 July 2013 appointing a Romanian alternate member of the Committee of the Regions
Date: 2013-07-09
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Romania, appointment of members








L_2013193EN.01002001.xml










16.7.2013   


EN


Official Journal of the European Union


L 193/20








            COUNCIL DECISION
         
of 9 July 2013
         
appointing a Romanian alternate member of the Committee of the Regions
(2013/380/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 Romanian 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 Liviu Nicolae DRAGNEA,





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 Cătălin Ioan NECHIFOR, Președintele Consiliului Județean Suceava, județul Suceava.






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




Done at Brussels, 9 July 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
2013/379/EU: Political and Security Committee Decision EU BAM Rafah/1/2013 of 9 July 2013 on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
Date: 2013-07-09
Institutions: Political and Security Committee
Subjects: EU police mission, Palestine, appointment of members, border control








L_2013193EN.01001901.xml










16.7.2013   


EN


Official Journal of the European Union


L 193/19








            POLITICAL AND SECURITY COMMITTEE DECISION EU BAM RAFAH/1/2013
of 9 July 2013
         
on the appointment of the Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)
(2013/379/EU)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,

Whereas:







(1)


Pursuant to Joint Action 2005/889/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), including the decision to appoint a Head of Mission.












(2)


On 23 May 2013, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Mr Gerhard SCHLAUDRAFF as Head of EU BAM Rafah from 1 July 2013 to 30 June 2014.












(3)


Council Decision 2013/355/CFSP of 3 July 2013 amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (2) extended the duration of EU BAM Rafah until 30 June 2014,





HAS ADOPTED THIS DECISION:



Article 1
Mr Gerhard SCHLAUDRAFF is hereby appointed Head of European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) from 1 July 2013 to 30 June 2014.


Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 July 2013.




Done at Brussels, 9 July 2013.


For the Political and Security Committee


The Chairperson

W. STEVENS
            





(1)  
            OJ L 327, 14.12.2005, p. 28.

(2)  
            OJ L 185, 4.7.2013, p. 16.
Case T-361/13: Action brought on 9 July 2013 — Menelaus/OHIM — Garcia Mahiques (VIGOR)
Date: 2013-07-09
Institutions: General Court
Subjects: EU trade mark, polishing and scouring preparations, registered trade mark, trade-mark law








C_2013260EN.01004601.xml










7.9.2013   


EN


Official Journal of the European Union


C 260/46





Action brought on 9 July 2013 — Menelaus/OHIM — Garcia Mahiques (VIGOR)
(Case T-361/13)
2013/C 260/82
Language in which the application was lodged: English

Parties


Applicant: Menelaus BV (Amsterdam, Netherlands) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal: V. Garcia Mahiques (Jesus Pobre, Spain), F. Garcia Mahiques (Jesus Pobre, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of defendant’s Second Board of Appeal of 23 April 2013, in Case R 88/2012-2, to the extent that it annulled the decision of the Office’s Cancellation Division of 11 November 2011 in Case 5061;










—


Dissmiss the appeal of the other party against the decision of the Cancellation Division of 10 November 2011 in Case C 5061;










—


Order the defendant to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal










—


In case the other party intervenes in this case, order Mr Vicente Garcia Mathiques and Mr Felipe Garcia Mahiques to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘VIGOR’– Community trade mark registration No 4 386 371

Proprietor of the Community trade mark: The applicant

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

Grounds for the application for a declaration of invalidity: The grounds of the request for a declaration of invalidity were those laid down in Article 8(1)(b), in conjunction with Article 53(1)(a) of Council Regulation No 207/2009

Decision of the Cancellation Division: Rejected the request for invalidity

Decision of the Board of Appeal: Upheld the appeal in part and annulled the contested decision to the extent that it rejected the application for invalidity as regards certain goods in class 21 and dismissed the appeal for the remainder

Pleas in law: Infringement of Rules 22(4) and Rules 79 to 82 of Commission Regulation No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (CTMIR); Article 57(2) CTMR in conjunction with Article 15 (1)(a) CTMR; Article 57(2) CTMR in conjunction with Article 15(1)(a) CTMR and Article 75 CTMR; Article 56(1)(b) in conjunction with Article 41(1) CTMR; and Article 57(2) and (3) and Article 76(2) in conjunction with Rules 40 and 22 CTMR.
2013/374/EU: Council Decision of 9 July 2013 appointing a member of the Court of Auditors
Date: 2013-07-09
Institutions: Council of the European Union
Subjects: Croatia, appointment of members, member of the Court of Auditors (EU)








L_2013191EN.01001101.xml










12.7.2013   


EN


Official Journal of the European Union


L 191/11








            COUNCIL DECISION
         
of 9 July 2013
         
appointing a member of the Court of Auditors
(2013/374/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(2) thereof,


Having regard to the Treaty of Accession of the Republic of Croatia,


Having regard to the Opinion of the European Parliament (1),

Whereas:







(1)


In accordance with the second subparagraph of Article 285 of the Treaty on the Functioning of the European Union, the Court of Auditors shall consist of one national of each Member State.












(2)


Following the accession of the Republic of Croatia to the European Union, the Court of Auditors should be enlarged by the appointment of an additional member for a term of office of six years,





HAS ADOPTED THIS DECISION:



Article 1
Mr Neven MATES is hereby appointed member of the Court of Auditors for a period of six years from 15 July 2013 to 14 July 2019.


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




Done at Brussels, 9 July 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  Opinion of 12 June 2013 (not yet published in the Official Journal).
2013/371/EU: Council Decision of 9 July 2013 appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
Date: 2013-07-09
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2013190EN.01009001.xml










11.7.2013   


EN


Official Journal of the European Union


L 190/90








            COUNCIL DECISION
         
of 9 July 2013
         
appointing a Dutch member and a Dutch alternate member of the Committee of the Regions
(2013/371/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 Dutch 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)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Annemieke TRAAG.












(3)


An alternate member’s seat will become vacant following the appointment of Mr Rogier van der SANDE as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



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






(a)


as member:






—


Mr Rogier van der SANDE, member of the Executive Council of the Province of Zuid-Holland;




and










(b)


as alternate member:






—


Ms Annemieke TRAAG, member of the Executive Council of the Province of Gelderland.










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




Done at Brussels, 9 July 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case F-68/13: Action brought on 9 July 2013 — ZZ v ECB
Date: 2013-07-09
Institutions: Civil Service Tribunal
Subjects: damages, disciplinary proceedings








C_2013274EN.01003102.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/31





Action brought on 9 July 2013 — ZZ v ECB
(Case F-68/13)
2013/C 274/51
Language of the case: English

Parties


Applicant: ZZ (represented by: L. Levi, Lawyer)

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the decision of the ECB to close the internal administrative inquiry as well as the inquiry report and the compensation of the moral prejudice the Applicant suffered.

Form of order sought







—


Annul the decision of the Executive Board of 7th January 2013 taking note of the Final Report and deciding to close the internal administrative inquiry;










—


as a consequence, annul the inquiry and the inquiry report and re-initiate a new inquiry with a regular assessment of facts;










—


grant a compensation for the material damage suffered assessed ex aequo et bono at 50 000 euros;










—


order the Defendant to pay the costs.
Non-opposition to a notified concentration (Case COMP/M.6883 — Canada Life/Irish Life)  Text with EEA relevance
Date: 2013-07-09
Institutions: European Commission
Subjects: Ireland, United Kingdom, economic concentration, insurance company, merger control








C_2013196EN.01000101.xml










9.7.2013   


EN


Official Journal of the European Union


C 196/1





Non-opposition to a notified concentration
(Case COMP/M.6883 — Canada Life/Irish Life)
(Text with EEA relevance)
2013/C 196/01
On 31 May 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6883. EUR-Lex is the on-line access to the European law.
Council Decision of 9 July 2013 adopting the Council's position on draft amending budget No 2 of the European Union for the financial year 2013
Date: 2013-07-09
Institutions: Council of the European Union
Subjects: amending budget, draft budget (EU), general budget (EU)








C_2013201EN.01000301.xml










13.7.2013   


EN


Official Journal of the European Union


C 201/3





COUNCIL DECISION
of 9 July 2013
adopting the Council's position on draft amending budget No 2 of the European Union for the financial year 2013
2013/C 201/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 41 thereof,
Whereas:






—


The Union's budget for the financial year 2013 was definitively adopted on 12 December 2012 (2).










—


On 2 April 2013, the Commission submitted a proposal containing draft amending budget No 2 to the general budget for the financial year 2013,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 2 of the European Union for the financial year 2013 was adopted on 9 July 2013.
The full text can be accessed for consultation or downloading on the Council's website (http://www.consilium.europa.eu/).

Done at Brussels, 9 July 2013.


For the Council


The President

R. ŠADŽIUS




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 66, 8.3.2013, p. 1, with corrigendum in OJ L 134, 18.5.2013, p. 21.
Council Decision 2013/367/CFSP of 9 July 2013 amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)
Date: 2013-07-09
Institutions: Council of the European Union
Subjects: EU military mission, Horn of Africa, maritime safety, piracy




L_2013189EN.01001201.xml










10.7.2013   


EN


Official Journal of the European Union


L 189/12








            COUNCIL DECISION 2013/367/CFSP
of 9 July 2013
         
amending Decision 2012/389/CFSP on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR)


THE COUNCIL OF THE EUROPEAN UNION,

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


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

Whereas:







(1)


On 16 July 2012 the Council adopted Decision 2012/389/CFSP (1). That Decision expires on 15 July 2014.












(2)


The current financial reference amount covers the period from 16 July 2012 until 15 July 2013.












(3)


Decision 2012/389/CFSP should be amended to extend the period covered by the current financial reference amount until 15 November 2013.












(4)


The Mission 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,





HAS ADOPTED THIS DECISION:



Article 1
Article 13(1) of Decision 2012/389/CFSP is replaced by the following:

"1.   The financial reference amount intended to cover the expenditure related to EUCAP NESTOR for the first 16 months following the entry into force of this Decision shall be EUR 22 880 000. The financial reference amount for the subsequent period shall be decided by the Council.".



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




Done at Brussels, 9 July 2013.


For the Council


The President

R. ŠADŽIUS
            





(1)  
            OJ L 187, 17.7.2012, p. 40.
Prior notification of a concentration (Case COMP/M.6963 — Archer-Daniels-Midland Company/GrainCorp) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-07-09
Institutions: European Commission
Subjects: Australia, Europe, North America, agricultural product, economic concentration, food processing, merger control








C_2013196EN.01000401.xml










9.7.2013   


EN


Official Journal of the European Union


C 196/4





Prior notification of a concentration
(Case COMP/M.6963 — Archer-Daniels-Midland Company/GrainCorp)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 196/05






1.


On 28 June 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Archer-Daniels-Midland (‘ADM’, US) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking GrainCorp Limited (‘GrainCorp’, Australia), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


ADM is a processor of oilseeds, corn, wheat, cocoa and other agricultural commodities and is a major manufacturer of vegetable oil, protein meal, corn sweeteners, flour, biodiesel, ethanol and other value added food and feed ingredients. ADM also has a global transportation network to procure, store, clean and transport agricultural commodities such as oilseeds, corn, wheat, milo, oats and barley as well as processed agricultural commodities,










—


GrainCorp is a company with storage, handling and port operations on Australia’s east coast. GrainCorp is a global malt producer with operations in Australia, North America and Europe. It also markets grains and oilseeds worldwide including in the EEA.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6963 — Archer-Daniels-Midland Company/GrainCorp, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Prior notification of a concentration (Case COMP/M.6969 — Valeant Pharmaceuticals International/Bausch & Lomb Holdings)  Text with EEA relevance
Date: 2013-07-09
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry








C_2013196EN.01000301.xml










9.7.2013   


EN


Official Journal of the European Union


C 196/3





Prior notification of a concentration
(Case COMP/M.6969 — Valeant Pharmaceuticals International/Bausch & Lomb Holdings)
(Text with EEA relevance)
2013/C 196/04






1.


On 1 July 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Valeant Pharmaceuticals International, Inc. (‘Valeant’), a publicly held company established under the laws of Canada, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bausch & Lomb Holdings Incorporated (‘Bausch & Lomb’), a privately held company headquartered in Rochester, NY, USA, by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Valeant: development, manufacturing and marketing of specialty pharmaceutical products primarily in the areas of dermatology, neurology and branded generics,










—


for Bausch & Lomb: development, manufacturing and marketing of ophthalmic, surgical and consumer vision products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6969 — Valeant Pharmaceuticals International/Bausch & Lomb Holdings, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Non-opposition to a notified concentration (Case COMP/M.6897 — Shell/Repsol (major part of LNG business))  Text with EEA relevance
Date: 2013-07-09
Institutions: European Commission
Subjects: Spain, economic concentration, electrical industry, gas industry, merger control, oil industry








C_2013196EN.01000102.xml










9.7.2013   


EN


Official Journal of the European Union


C 196/1





Non-opposition to a notified concentration
(Case COMP/M.6897 — Shell/Repsol (major part of LNG business))
(Text with EEA relevance)
2013/C 196/02
On 2 July 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6897. EUR-Lex is the on-line access to the European law.