do-me/EUR-LEX huggingface dataset:
Case C-469/13: Request for a preliminary ruling from the Tribunale di Verona (Italy) lodged on 30 August 2013 — Shamim Tahir v Ministero dell’Interno and Questura di Verona
Date: 2013-08-30
Institutions: Court of Justice
Subjects: administrative formalities, family migration, residence permit








C_2014052EN.01002501.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/25





Request for a preliminary ruling from the Tribunale di Verona (Italy) lodged on 30 August 2013 — Shamim Tahir v Ministero dell’Interno and Questura di Verona
(Case C-469/13)
2014/C 52/44
Language of the case: Italian

Referring court

Tribunale di Verona

Parties to the main proceedings


Applicant: Shamim Tahir

Defendants: Ministero dell’Interno, Questura di Verona

Questions referred







1.


Is Article 7(1) of Directive 2003/109 (1) to be interpreted as meaning that the condition laid down in Article 4(1) of that directive, under which long-term residence status is dependent upon a person having resided legally and continuously in a Member State for five years, documentary evidence of which must be submitted when an application for a long-term residence permit is made, may also be satisfied by a person, other than the applicant, who has a family connection with the applicant for the purposes of Article 2(e) of the directive?










2.


Is the first sentence of Article 13 of Directive 2003/109 to be interpreted as meaning that one of the more favourable terms on which Member States may issue a ‘long-term resident’s EC residence permit’ of permanent or unlimited validity is that, where a person has already acquired long-term resident status, having satisfied the pre-condition laid down in Article 4(1) of that directive, under which legal and continuous residence in the Member State concerned for five years is required, members of that person’s family for the purposes of Article 2(e) of the directive are to be deemed also to have satisfied that condition, irrespective of the length of time for which they have resided in the national territory of the Member State in which the application is submitted?






(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).
Commission Regulation (EU) No 848/2013 of 30 August 2013 establishing a prohibition of fishing for sandeel and associated by-catches in sandeel management area 2 by vessels flying the flag of Denmark
Date: 2013-08-30
Institutions: European Commission
Subjects: Denmark, EU waters, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013234EN.01002301.xml










3.9.2013   


EN


Official Journal of the European Union


L 234/23








            COMMISSION REGULATION (EU) No 848/2013
of 30 August 2013
         
establishing a prohibition of fishing for sandeel and associated by-catches in sandeel management area 2 by vessels flying the flag of Denmark


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, 30 August 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


34/TQ40




Member State


Denmark




Stock


SAN/234_2




Species


Sandeel and associated by-catches (Ammodytes spp.)




Zone


Sandeel management area 2




Date


15.7.2013
Case C-476/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Heidemarie Retzlaff v easyJet Airline Co. Ltd
Date: 2013-08-30
Institutions: Court of Justice
Subjects: EU law - national law, Germany, airline, carriage of passengers, carrier, indemnification, redemption








C_2013359EN.01000302.xml










7.12.2013   


EN


Official Journal of the European Union


C 359/3





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 30 August 2013 — Heidemarie Retzlaff v easyJet Airline Co. Ltd
(Case C-476/13)
2013/C 359/04
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant and appellant on a point of law: Heidemarie Retzlaff

Defendant and respondent in the appeal on a point of law: easyJet Airline Co. Ltd

Questions referred







1.


May a right to compensation granted under national law which is intended to reimburse additional travel costs incurred as a result of the cancellation of a booked flight be deducted from the compensation granted under Article 7 of the regulation (1) if the air carrier has fulfilled its obligations under Articles 8(1) and 9(1) of the regulation?










2.


If deduction is possible: does this also apply to the costs of alternative transportation to the final destination of the flight?










3.


In so far as deduction is possible: may the air carrier make the deduction in all cases or is it dependent on the extent to which it is permitted by national law or on the extent to which the court considers it equitable?










4.


In so far as national law is determinant or the court is required to take a discretionary decision: is the payment of compensation under Article 7 of the regulation intended to redress only the inconvenience and loss of time suffered by passengers as a result of the cancellation, or is it intended also to redress material damage?






(1)  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).
Commission Regulation (EU) No 838/2013 of 30 August 2013 establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal
Date: 2013-08-30
Institutions: European Commission
Subjects: Norwegian Sea, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013234EN.01000301.xml










3.9.2013   


EN


Official Journal of the European Union


L 234/3








            COMMISSION REGULATION (EU) No 838/2013
of 30 August 2013
         
establishing a prohibition of fishing for saithe in Norwegian waters of I and II by vessels flying the flag of Portugal


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, 30 August 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, 25.01.2013, p. 54.




ANNEX






No


24/TQ40




Member State


Portugal




Stock


POK/1N2AB.




Species


Saithe (Pollachius virens)




Zone


Norwegian waters of I and II




Date


30.7.2013
Case T-480/13: Action brought on 30 August 2013 — You-View.tv/OHMI — YouView TV (YouView+)
Date: 2013-08-30
Institutions: General Court
Subjects: EU trade mark, audiovisual industry, registered trade mark, trade-mark law








C_2013344EN.01005802.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/58





Action brought on 30 August 2013 — You-View.tv/OHMI — YouView TV (YouView+)
(Case T-480/13)
2013/C 344/107
Language in which the application was lodged: English

Parties


Applicant: You-View.tv (Antwerp, Belgium) (represented by: S. Criel, lawyer)

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

Other party to the proceedings before the Board of Appeal: YouView TV Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2013 given in Case R 2112/2012-4;










—


Order the defendant to pay the costs incurred by the present proceedings.





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: Word mark ‘YouView+’ for goods and services in Classes 9, 16, 38, 41 and 42 — Community trade mark application No 10 286 061

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

Mark or sign cited in opposition: Figurative mark in red and white containing verbal elements ‘You View You-View.tv’ for services in Classes 35, 38 and 41 — Benelux trade mark No 838 408

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) CTMR.
Information communicated by Member States regarding closure of fisheries
Date: 2013-08-30
Institutions: European Commission
Subjects: Norwegian Sea, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013249EN.01000401.xml










30.8.2013   


EN


Official Journal of the European Union


C 249/4





Information communicated by Member States regarding closure of fisheries
2013/C 249/06
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


30.7.2013




Duration


30.7.2013-31.12.2013




Member State


Portugal




Stock or group of stocks


COD/1N2AB




Species


Cod (Gadus Morhua)




Zone


Norwegian waters of I and II




Type(s) of fishing vessels


—




Reference number


23/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2013-08-30
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013249EN.01000201.xml










30.8.2013   


EN


Official Journal of the European Union


C 249/2





Information communicated by Member States regarding closure of fisheries
2013/C 249/02
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


4.2.2013




Duration


4.2.2013-31.12.2013




Member State


France




Stock or group of stocks


ANF/83411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


20/TQ39






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Regulation (EU) No 844/2013 of 30 August 2013 establishing a prohibition of fishing for redfish in Greenland waters of NAFO 1F and Greenland waters of V and XIV by vessels flying the flag of Germany
Date: 2013-08-30
Institutions: European Commission
Subjects: Faroes, Germany, Greenland, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013234EN.01001501.xml










3.9.2013   


EN


Official Journal of the European Union


L 234/15








            COMMISSION REGULATION (EU) No 844/2013
of 30 August 2013
         
establishing a prohibition of fishing for redfish in Greenland waters of NAFO 1F and Greenland waters of V and XIV by vessels flying the flag of Germany


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, 30 August 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


30/TQ40




Member State


Germany




Stock


RED/N1G14P.




Species


Redfish (Sebastes spp.)




Zone


Greenland waters of NAFO 1F and Greenland waters of V and XIV




Date


7.8.2013
Information communicated by Member States regarding closure of fisheries
Date: 2013-08-30
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013249EN.01000202.xml










30.8.2013   


EN


Official Journal of the European Union


C 249/2





Information communicated by Member States regarding closure of fisheries
2013/C 249/03
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


30.7.2013




Duration


30.7.2013-31.12.2013




Member State


European Union (all Member States)




Stock or group of stocks


RED/N3M




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


21/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Information on complaint CHAP(2012) 2289
Date: 2013-08-30
Institutions: European Commission
Subjects: Spain, complaint to the Commission, recognition of vocational training qualifications, technical profession








C_2013249EN.01000601.xml










30.8.2013   


EN


Official Journal of the European Union


C 249/6





Information on complaint CHAP(2012) 2289
2013/C 249/09






1.


The European Commission wishes to inform complainants concerned by complaint CHAP(2012) 2289 that their complaint will be processed in the context of the ongoing infringement procedure NIF 2013/4108 regarding a similar problem relating to regulation in Spain of the profession of draughtsman (‘delineante’).










2.


On the basis of the information obtained from the Spanish authorities in the context of the EU Pilot procedure 824/10/MARK, the Commission has opened an infringement procedure for failure by Spain to comply with EU law under NIF 2013/4108.










3.


In the context of procedure NIF 2013/4108 and in accordance with Article 258 of the Treaty on the Functioning of the European Union, the Commission sent a letter of formal notice to Spain on 21 June 2013.










4.


The complainants will be duly informed of developments in infringement procedure NIF 2013/4108 in the Official Journal of the European Union and on the following web page:
http://ec.europa.eu/eu_law/complaints/multiple_complaints/index_en.htm
Case T-463/13: Action brought on 30 August 2013 — Comunidad Autónoma de Galicia v Commission
Date: 2013-08-30
Institutions: General Court
Subjects: Galicia, Spain, State aid, digitisation, domestic market, high-definition television, public financing, services of general interest








C_2013304EN.01002501.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/25





Action brought on 30 August 2013 — Comunidad Autónoma de Galicia v Commission
(Case T-463/13)
2013/C 304/43
Language of the case: Spanish

Parties


Applicant: Comunidad Autónoma de Galicia (Santiago de Compostela, Spain) (represented by: M. Lorenzo Outón, P. Egerique Mosquera, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision by holding that the measures implemented in the Comunidad Autónoma de Galicia (Autonomous Community of Galicia) did not constitute unlawful State aid;










—


in the alternative, in the event that the first head of claim is dismissed, annul the contested decision in order to conclude that RETEGAL is not a direct or an indirect beneficiary of unlawful State aid; and










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

The decision contested in the present case is the same as that in Case T-461/13 Spain v Commission, and Case T-462/13 Comunidad Autónoma del País Vasco and Itelazpi v Commission.
The pleas in law and main arguments are similar to those relied on in those cases.
The applicant claims, in particular, that:






1.


The Commission erred in law in concluding that there was State aid within the meaning of Article 107(1) TFEU.










2.


The Commission infringed Article 106(2) TFEU in considering that the measures at issue are incompatible with the internal market.










3.


The Commission infringed Article 107(3)(c) TFEU, since it acknowledges, in the contested decision, that there is a structural deficiency in the public sector in question and that the public intervention at issue pursues an objective of public interest, but that it nevertheless describes the measure as State aid incompatible with the internal market on the ground that the principle of technological neutrality has been infringed.










4.


The Commission committed an error of assessment in taking the view that unlawful State aid had been paid to RETEGAL, an instrument of the Autonomous Community of Galicia, in so far as that instrument limited itself to buying and installing equipment financed by the public funds in question, with a view to their subsequent use by the municipalities, so that those municipalities can provide the public broadcasting service in rural and remote areas and thus compensate for the market failure that existed in those areas.
Information communicated by Member States regarding closure of fisheries
Date: 2013-08-30
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013249EN.01000302.xml










30.8.2013   


EN


Official Journal of the European Union


C 249/3





Information communicated by Member States regarding closure of fisheries
2013/C 249/05
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


12.7.2013




Duration


12.7.2013-31.12.2013




Member State


Spain




Stock or group of stocks


POK/56-14




Species


Saithe (Pollachius virens)





Zone


VI; EU and international waters of Vb, XII and XIV




Type(s) of fishing vessels


—




Reference number


18/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.