do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 915/2013 of 23 September 2013 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
Date: 2013-09-23
Institutions: European Commission
Subjects: Zimbabwe, economic sanctions, international sanctions








L_2013252EN.01002301.xml










24.9.2013   


EN


Official Journal of the European Union


L 252/23








            COMMISSION IMPLEMENTING REGULATION (EU) No 915/2013
of 23 September 2013
         
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,

Whereas:







(1)


Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required.












(3)


On 23 September 2013, the Council decided to remove one entry from the list of persons and entities to whom the restrictions should apply. Annex III to Regulation (EC) No 314/2004 should be amended to ensure consistency with that decision of the Council.












(4)


Regulation (EC) No 314/2004 should therefore be amended accordingly.












(5)


In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force on the day following that of its publication,





HAS ADOPTED THIS REGULATION:



Article 1
Annex III to Regulation (EC) No 314/2004 is amended in accordance with the Annex to this Regulation.


Article 2
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, 23 September 2013.


For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 55, 24.2.2004, p. 1.

(2)  
            OJ L 42, 16.2.2011, p. 6–23.




ANNEX
Annex III to Regulation (EC) No 314/2004 is amended as follows:
The following entry is deleted from the heading ‘II. Entities’:









“(11)


Zimbabwe Mining Development Corporation


90 Mutare Road, PO Box 2628, Harare, Zimbabwe.


Associated with the ZANU-PF faction of Government. ZMDC falls under the responsibility of ZANU-PF Minister of Mines and Mining Development.”
Council Implementing Decision 2013/469/CFSP of 23 September 2013 implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
Date: 2013-09-23
Institutions: Council of the European Union
Subjects: Zimbabwe, economic sanctions, international sanctions, removal








L_2013252EN.01003101.xml










24.9.2013   


EN


Official Journal of the European Union


L 252/31








            COUNCIL IMPLEMENTING DECISION 2013/469/CFSP
of 23 September 2013
         
implementing Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 31(2) thereof,


Having regard to Council Decision 2011/101/CFSP (1), and in particular Article 6(1) thereof,

Whereas:







(1)


On 15 February 2011, the Council adopted Decision 2011/101/CFSP.












(2)


One entity should be removed from the list of persons and entities in Annex I to Decision 2011/101/CFSP.












(3)


Decision 2011/101/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following entity is deleted from the list of persons and entities in Annex I to Decision 2011/101/CFSP:






 


Zimbabwe Mining Development Corporation.






Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 23 September 2013.


For the Council


The President

L. LINKEVIČIUS
            





(1)  
            OJ L 42, 16.2.2011, p. 6.
Case T-510/13: Action brought on 23 September 2013 — Italy v Commission
Date: 2013-09-23
Institutions: General Court
Subjects: EPSO, European civil service, Italy, translation








C_2013336EN.01002802.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/28





Action brought on 23 September 2013 — Italy v Commission
(Case T-510/13)
2013/C 336/60
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: P. Gentili, avvocato dello Stato, G. Palmieri, Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul notice of open competitions EPSO/AD/260/13, 261/13, 262/13, 263/13, 264/13, 265/13 and 266/13 to draw up reserve lists for the recruitment of Danish-language translators, English-language translators, French-language translators, Italian-language translators, Maltese-language translators, Dutch-language translators and Slovenian-language translators, published in the 
Official Journal of the European Union No C 199 A of 11 July 2013;










—


order to the Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments are the same as those relied on in Case T-275/13 Italy v Commission.
Case T-514/13: Action brought on 23 September 2013 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)
Date: 2013-09-23
Institutions: General Court
Subjects: EU trade mark, agro-industry, investment company, registered trade mark, trade-mark law








C_2013352EN.01001801.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/18





Action brought on 23 September 2013 — AgriCapital v OHIM — agri.capital (AGRI.CAPITAL)
(Case T-514/13)
2013/C 352/34
Language in which the application was lodged: English

Parties


Applicant: AgriCapital Corp. (New York, United States) (represented by: P. Meyer and M. Gramsch, lawyers)

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

Other party to the proceedings before the Board of Appeal: agri.capital GmbH (Münster, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 July 2013 given in Case R 2236/2012-2;










—


Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs of proceedings, as well as those incurred by the applicant.





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 word mark ‘AGRI.CAPITAL’ for goods and services in Classes 4, 7, 35, 36, 37, 39, 40, 42 and 45 — Community trade mark application No 8 341 323

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

Mark or sign cited in opposition: Community trade mark registration No 6 192 322 for the word mark ‘AgriCapital’ for services in Class 36 and Community trade mark registration No 4 589 339 for the word mark ‘AGRICAPITAL’ for services in Class 36

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 Article 8 (1)(b) CTMR.
Case T-518/13: Action brought on 23 September 2013 — Future Enterprises v OHIM — McDonald's International Property (MACCOFFEE)
Date: 2013-09-23
Institutions: General Court
Subjects: EU trade mark, food industry, registered trade mark, trade-mark law








C_2013352EN.01001902.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/19





Action brought on 23 September 2013 — Future Enterprises v OHIM — McDonald's International Property (MACCOFFEE)
(Case T-518/13)
2013/C 352/36
Language in which the application was lodged: English

Parties


Applicant: Future Enterprises Pte Ltd (Singapore, Singapore) (represented by: J. Olsen, B. Hitchens, R. Sharma and M. Henshall, Solicitors)

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

Other party to the proceedings before the Board of Appeal: McDonald’s International Property Co. Ltd (Wilmington, United States)

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 13 June 2013 given in Case R 1178/2012-1; and










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘MACCOFFEE’ for goods in Classes 29, 30 and 32 — Community trade mark registration No 7 307 382

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 were those laid down in Article 53(1)(a) in conjunction with Articles 8(1)(a) and (b), 8(2)(c) and 8(5) CTMR

Decision of the Cancellation Division: Upheld the request for invalidity in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(5) CTMR.
2013/474/EU: Council Decision of 23 September 2013 appointing three Czech members and two Czech alternate members of the Committee of the Regions
Date: 2013-09-23
Institutions: Council of the European Union
Subjects: Czechia, European Committee of the Regions, appointment of members








L_2013255EN.01001801.xml










27.9.2013   


EN


Official Journal of the European Union


L 255/18








            COUNCIL DECISION
         
of 23 September 2013
         
appointing three Czech members and two Czech alternate members of the Committee of the Regions
(2013/474/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 Czech 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)


Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Stanislav EICHLER, Mr Jaroslav PALAS and Ms Jana VAŇHOVÁ. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Radko MARTÍNEK and Mr Martin TESAŘÍK,





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 members:






—


Ms Jana VAŇHOVÁ, Náměstkyně hejtmana Ústeckého kraje











—


Mr Martin PŮTA, Hejtman Libereckého kraje











—


Mr Miroslav NOVÁK, Hejtman Moravskoslezského kraje





and










b)


as alternate members:






—


Dr Martin NETOLICKÝ, Ph.D., Hejtman Pardubického kraje











—


Mr Jiří ROZBOŘIL, Hejtman Olomouckého kraje.











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




Done at Brussels, 23 September 2013.


For the Council


The President

V. JUKNA
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-507/13: Action brought on 23 September 2013 — SolarWorld e.a. v Commission
Date: 2013-09-23
Institutions: General Court
Subjects: China, anti-dumping legislation, import (EU), semi-metal








C_2013325EN.01005001.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/50





Action brought on 23 September 2013 — SolarWorld e.a. v Commission
(Case T-507/13)
2013/C 325/80
Language of the case: English

Parties


Applicants: SolarWorld AG (Bonn, Germany); Brandoni solare SpA (Castelfidardo, Italy); Global Sun Ltd (Sliema, Malta); Silicio Solar, SAU (Puertollano, Spain); and Solaria Energia y Medio Ambiente, SA (Madrid, Spain) (represented by: L. Ruessmann, lawyer, and J. Beck, Solicitor)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


Declare the application admissible and well-founded;










—


Annul Commission Decision 2013/423/EU of 2 August 2013 accepting an undertaking offered in connection with the anti-dumping proceeding concerning 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










—


Order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law, alleging that the contested decision violated the applicants' right to a fair legal process and the principle of good administration, the applicants' rights of defence, and Articles 8(4) and 19(2) of the Basic Anti-dumping Regulation (1), as






—


The Commission reached an agreement with the Chinese government and the Chinese Chamber of Commerce for Machinery and Equipment, on behalf of a large group of Chinese exporting producers, without making a proper and adequate disclosure of the key terms of the undertaking under discussion.










—


The Commission failed to give interested parties an opportunity to make timely and effective comments on the undertaking arrangement accepted by the contested decision.














2.


Second plea in law, alleging a manifest error of assessment and violation of Articles 6(1) and 8(1) of the Basic Anti-dumping Regulation, insofar as the contested decision deviates arbitrarily from the Commission's investigation findings and sets minimum import prices at levels that are manifestly inadequate to remove the injury to EU producers.










3.


Third plea in law, alleging a violation of Article 101(1) TFEU insofar as the contested decision accepts and reinforces a horizontal price fixing arrangement and is therefore contrary to the TFEU requirement that competition not be distorted on the internal market.






(1)  Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (OJ L 343, p.51)
Case C-505/13: Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 23 September 2013 — Levent Redzheb Yumer v Direktor na Teritorialna direktsia na NAP — Varna
Date: 2013-09-23
Institutions: Court of Justice
Subjects: equality before the law, farmer, tax system








C_2013344EN.01005001.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/50





Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 23 September 2013 — Levent Redzheb Yumer v Direktor na Teritorialna direktsia na NAP — Varna
(Case C-505/13)
2013/C 344/87
Language of the case: Bulgarian

Referring court

Administrativen sad Varna

Parties to the main proceedings


Applicant: Levent Redzheb Yumer

Defendant: Teritorialna direktsia na NAP — Varna

Questions referred







1.


Do Article 2 of the Treaty on European Union and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union allow that only one category of persons — natural persons registered under the Zakon za danak varhu dobavenata stoynost (Law on value added tax, ‘ZDDS’) — has no legally recognised right to a tax reduction in respect of an agricultural activity?










2.


Do Article 2 of the Treaty on European Union and Articles 20 and 21 of the Charter of Fundamental Rights of the European Union allow the setting of different tax rates for the same type of activity depending on the legal form of the exercise of that activity and registration under the ZDDS?










3.


Is the introduction of internal measures which result in natural persons registered under the ZDDS and as farmers being denied a tax reduction that is provided for sole traders and legal persons — although they have fulfilled their legal obligations to constitute their taxable income in the same way as sole traders and to determine their annual basis of assessment in the same way as sole traders — an infringement of the principles of legal certainty, effectiveness and proportionality?
Case F-94/13: Action brought on 23 September 2013 — ZZ v Council
Date: 2013-09-23
Institutions: Civil Service Tribunal
Subjects: European civil service, legal basis, transfer of pension rights








C_2013336EN.01003203.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/32





Action brought on 23 September 2013 — ZZ v Council
(Case F-94/13)
2013/C 336/73
Language of the case: French

Parties


Applicant: ZZ (represented by: E. Marchal, J.-N. Louis, D. Abreu Caldas and A. Coolen, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Application for annulment of the decision to calculate the accrual of pension rights acquired before entry into service on the basis of the new General Implementing Provisions relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought







—


Annul the decision of 30 January 2013 concerning the calculation of accredited pension rights acquired by the applicant before his entry into service with the Council,










—


in so far as necessary, annul the decision of 11 June 2013 rejecting his complaint requesting application of the General Implementing Provisions and the actuarial rates in force at the time of his request to transfer his pension rights,










—


Order the Council to pay the costs.
Case F-95/13: Action brought on 23 September 2013 — ZZ and Others v European Railway Agency (ERA)
Date: 2013-09-23
Institutions: Civil Service Tribunal
Subjects: servant (EU), temporary employment, work contract








C_2013352EN.01002801.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/28





Action brought on 23 September 2013 — ZZ and Others v European Railway Agency (ERA)
(Case F-95/13)
2013/C 352/54
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: European Railway Agency (ERA)

Subject-matter and description of the proceedings

Annulment of the decision to not reclassify the applicants’ employment contracts as members of the temporary staff for a fixed-term as an employment contracts for an indefinite duration.

Form of order sought







—


Annul the decision rejecting the applicants’ application of 20 December 2012 seeking to reclassify their employment contracts as members of the temporary staff for a fixed-term for the purposes of Article 2(a) of the Conditions of Employment of other Servants of the European Communities (CEOS) as employment contracts for an indefinite duration under Article 8 of the CEOS from the date of their actual entry into force;










—


order the European Railway Agency to pay the costs.
Case F-96/13: Action brought on 23 September 2013 — ZZ v Commission
Date: 2013-09-23
Institutions: Civil Service Tribunal
Subjects: Palestine, Union delegation, damages, reassignment








C_2013367EN.01004002.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/40





Action brought on 23 September 2013 — ZZ v Commission
(Case F-96/13)
2013/C 367/71
Language of the case: French

Parties


Applicant: ZZ (Brussels, Belgium) (represented by: A. Coolen, J.-N. Louis, E. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision to reassign the applicant, with retroactive effect, from the West Bank and Gaza Strip to East Jerusalem delegation to the DG Mobility and Transport, Common Resources Directorate MOVE/ENER in Brussels.

Form of order sought







—


The decision signed by the Head of section: Redistribution of staff, career and performance management of 25 January 2013 to reassign the applicant, with retroactive effect to 1 January 2013, to the DG Mobility and Transport, Common Resources Directorate MOVE/ENER at Brussels 1;










—


Order the Commission to pay him the symbolic sum of EUR 1 in compensation for both the non-pecuniary harm and the material harm and to pay the costs.
Case F-93/13: Action brought on 23 September 2013 — ZZ v Commission
Date: 2013-09-23
Institutions: Civil Service Tribunal
Subjects: European civil service, legal basis, transfer of pension rights








C_2013336EN.01003202.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/32





Action brought on 23 September 2013 — ZZ v Commission
(Case F-93/13)
2013/C 336/72
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the decision to calculate the accrual of pension rights acquired before entry into service on the basis of the new General Implementing Provisions relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought







—


Declare Article 9 of the general implementing provisions of Article 11(2) of Annex VIII to the Staff Regulations unlawful and, therefore, inapplicable;










—


Annul the decision of 3 October 2012 to accredit the pension rights acquired by the applicant before his entry into service, in the context of their transfer into the pension scheme applicable to staff of the European institutions, pursuant to the General Implementing Provisions (‘the GIP’) of Article 11(2) of Annex VIII to the Staff Regulations of 3 March 2011;










—


Order the Commission to pay the costs.
Case T-513/13: Action brought on 23 September 2013 — Braun Melsungen v OHIM (SafeSet)
Date: 2013-09-23
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2013336EN.01002803.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/28





Action brought on 23 September 2013 — Braun Melsungen v OHIM (SafeSet)
(Case T-513/13)
2013/C 336/61
Language of the case: German

Parties


Applicant: B. Braun Melsungen AG (Melsungen, Germany) (represented by M.-C. Seiler, lawyer)

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 contested decision of the First Board of Appeal of OHIM of 27 June 2013;










—


Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the preceding rejection decision of OHIM of 25 June 2012 is annulled;










—


Alter the contested decision of the First Board of Appeal of OHIM of 27 June 2013 so that the registration procedure is continued;










—


Order OHIM to pay the costs, including those incurred in the course of the appeal proceedings.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘SafeSet’ for goods in Class 10 — Community trade mark application No 10 549 368

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Articles 7(1)(b) and (c), 7(2), 75 and 76 of Regulation (EC) No 207/2009