do-me/EUR-LEX huggingface dataset:
Case T-540/13: Action brought on 1 October 2013 — Société européenne des chaux et liants v ECHA
Date: 2013-10-01
Institutions: General Court
Subjects: fine, small business, tax








C_2014031EN.01001003.xml










1.2.2014   


EN


Official Journal of the European Union


C 31/10





Action brought on 1 October 2013 — Société européenne des chaux et liants v ECHA
(Case T-540/13)
2014/C 31/18
Language of the case: French

Parties


Applicant: Société européenne des chaux et liants (Bourgoin-Jallieu, France) (represented by: J. Dezarnaud, lawyer)

Defendant: European Chemicals Agency (ECHA)

Form of order sought







—


Uphold the applicant’s request to be fully relieved of the fine of which it has been notified.





Pleas in law and main arguments

The applicant requests that it be relieved of the administrative charge imposed by Decision SME (2013) 1665 of the ECHA which found that the applicant does not fulfil the conditions for eligibility for the reduced fee envisaged for small-sized enterprises, in the light of its corrective declaration submitted after the initiation by the ECHA of the verification procedure relating to the size of the undertaking.
In support of its action, the applicant relies on a certain number of pleas in law:






—


the fact that the sanction adopted is disproportionate to the error which can be imputed to it;










—


the fact that it corrected its declaration when first requested by the ECHA;










—


the fact that it can be excused for misinterpreting an extremely technical document drafted in a language other than its own;










—


the illogical nature of an automatic sanction.
Commission Implementing Regulation (EU) No 943/2013 of 1 October 2013 amending for the 203rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network
Date: 2013-10-01
Institutions: European Commission
Subjects: economic sanctions, international sanctions, terrorism








L_2013261EN.01000301.xml










3.10.2013   


EN


Official Journal of the European Union


L 261/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 943/2013
of 1 October 2013
         
amending for the 203rd time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al Qaida network


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the Al-Qaida network, (1) and in particular Article 7(1)(a) and 7a(5) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 19 September 2013 the Sanctions Committee of the United Nations Security Council (UNSC) decided to remove one person from its list of persons, groups and entities to whom the freezing of funds and economic resources should apply.












(3)


Annex I to Regulation (EC) No 881/2002 should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 881/2002 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, 1 October 2013.


For the Commission, On behalf of the President,

Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 139, 29.5.2002, p. 9.




ANNEX
Annex I to Regulation (EC) No 881/2002 is amended as follows:
The following entry under the heading ‘Natural persons’ is deleted:


            ‘Fahd Mohammed Ahmed Al-Quso (alias (a) Fahd al-Quso, (b) Fahd Mohammed Ahmen Al-Quso, (c) Abu Huthaifah, (d) Abu Huthaifah al-Yemeni, (e) Abu Huthaifah al-Adani, (f) Abu al-Bara, (g) Abu Huthayfah al- Adani, (h) Fahd Mohammed Ahmed al-Awlaqi, (i) Huthaifah al-Yemeni (j) Abu Huthaifah al-Abu al-Bara, (k) Fahd Mohammed Ahmad al-Kuss). Address: Yemen. Date of birth: 12.11.1974. Place of birth: Aden, Yemen. Nationality: Yemeni. Other information: Reportedly deceased on 6 May 2012 in Yemen. Date of designation referred to in Article 2a(4)(b): 7.12.2010.’
Case C-522/13: Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Ferrol (Spain) lodged on 1 October 2013 — Ministerio de Defensa, Navantia S.A. v Concello de Ferrol
Date: 2013-10-01
Institutions: Court of Justice
Subjects: EU law - national law, Spain, private sector, real property, tax exemption








C_2013367EN.01002501.xml










14.12.2013   


EN


Official Journal of the European Union


C 367/25





Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Ferrol (Spain) lodged on 1 October 2013 — Ministerio de Defensa, Navantia S.A. v Concello de Ferrol
(Case C-522/13)
2013/C 367/44
Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo No 1 de Ferrol

Parties to the main proceedings


Applicants: Ministerio de Defensa, Navantia S.A.

Defendant: Concello de Ferrol

Question referred

Is the tax exemption enjoyed by NAVANTIA, S.L. in respect of the Impuesto de Bienes Inmuebles (Tax on Real Property) compatible with Article 107 of the Treaty on the Functioning of the European Union (TFEU), and is it compatible with Article 107 TFEU for a Member State (SPAIN) to establish a tax exemption in respect of State-owned land (property registered as 2825201QA5422N0001YG), made available to a private company whose capital is entirely publicly owned (NAVANTIA, S.L.), on which that company provides goods and services that may be traded between Member States?
Commission Regulation (EU) No 942/2013 of 1 October 2013 establishing a prohibition of fishing for haddock in areas IIIa, EU waters of Subdivisions 22-32 by vessels flying the flag of the Netherlands
Date: 2013-10-01
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Netherlands, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013261EN.01000101.xml










3.10.2013   


EN


Official Journal of the European Union


L 261/1








            COMMISSION REGULATION (EU) No 942/2013
of 1 October 2013
         
establishing a prohibition of fishing for haddock in areas IIIa, EU waters of Subdivisions 22-32 by vessels flying the flag of the Netherlands


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, 1 October 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


50/TQ40




Member State


The Netherlands




Stock


HAD/3A/BCD




Species


Haddock (Melanogrammus aeglefinus)




Zone


IIIa, EU waters of Subdivisions 22-32




Date


16.9.2013
Prior notification of a concentration (Case COMP/M.6995 — Reggeborgh/Boskalis/VSMC)  Text with EEA relevance
Date: 2013-10-01
Institutions: European Commission
Subjects: building industry, economic concentration, electric cable, investment company, maritime safety, maritime transport, merger control, oil industry








C_2013285EN.01000301.xml










1.10.2013   


EN


Official Journal of the European Union


C 285/3





Prior notification of a concentration
(Case COMP/M.6995 — Reggeborgh/Boskalis/VSMC)
(Text with EEA relevance)
2013/C 285/03






1.


On 24 September 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 undertakings Reggeborgh (the Netherlands) and Koninklijke Boskalis Westminster NV (‘Boskalis’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Visser & Smit Marine Contracting BV (‘VSMC’, the Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Reggeborgh: investment company, focusing on non-retail sales of petroleum products and construction services,










—


for Boskalis: providing marine services on a global scale in dredging, maritime infrastructure, terminal services, salvage, transport, heavy lift and harbour towage,










—


for VSMC: activities in the field of installation, maintenance and replacement of subsea power cables.














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.6995 — Reggeborgh/Boskalis/VSMC, 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’).
Corrigendum to Commission Implementing Regulation (EU) No 932/2013 of 26 September 2013 on the issue of licences for importing rice under the tariff quotas opened for the September 2013 subperiod by Implementing Regulation (EU) No 1273/2011 ( OJ L 255, 27.9.2013 )
Date: 2013-10-01
Institutions: European Commission
Subjects: common organisation of markets, import (EU), import licence, rice, tariff quota, third country








L_2013259EN.01000901.xml










1.10.2013   


EN


Official Journal of the European Union


L 259/9







Corrigendum to Commission Implementing Regulation (EU) No 932/2013 of 26 September 2013 on the issue of licences for importing rice under the tariff quotas opened for the September 2013 subperiod by Implementing Regulation (EU) No 1273/2011
(
Official Journal of the European Union L 255 of 27 September 2013
)

On page 15, Annex, point (b), footnote 1 of the table:
for:







‘(1)


No allocation coefficient applied for this subperiod: no licence applications were notified to the Commission.’,





read:







‘(1)


Applications cover quantities less than or equal to the quantities available: all applications are therefore acceptable.’.
Case F-82/11: Judgment of the Civil Service Tribunal (First Chamber) of 1 October 2013 — Loukakis and Others v Parliament (Civil Service — Parliament Staff Committee — Elections — Irregularities in the electoral process)
Date: 2013-10-01
Institutions: Civil Service Tribunal
Subjects: European Parliament, electoral system, interparliamentary delegation, invalidity of an election








C_2014009EN.01002801.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/28





Judgment of the Civil Service Tribunal (First Chamber) of 1 October 2013 — Loukakis and Others v Parliament
(Case F-82/11) (1)

(Civil Service - Parliament Staff Committee - Elections - Irregularities in the electoral process)
2014/C 9/44
Language of the case: French

Parties


Applicants: Nicolaos Loukakis and Others (Brussels, Belgium) (represented by: M.-A. Lucas, lawyer)

Defendant: European Parliament (represented by: S. Seyr and M. Ecker, acting as Agents, and, initially, D. Waelbroeck, lawyer, and, subsequently, A. Duron, lawyer)

Interveners: Solidarité pour les agents et fonctionnaires européens, Syndicat general du personnel des organismes européens, Fédération de la function publique européenne and Pluralist (represented by: J. Choucroun, lawyer)

Re:

Application for a declaration that the elections to the Staff Committee of the Parliament, and the European Parliament’s failure to take action in respect of the various illegalities that affected the electoral process, are unlawful

Operative part of the judgment

The Tribunal:






1.


Annuls the implied decision of the European Parliament of 20 May 2011 not to censure the irregularities affecting the Staff Committee elections of November 2010;










2.


Dismisses the remainder of the action










3.


Orders the European Parliament to bear its own costs and to pay the costs incurred by the applicants;










4.


Orders the trade union organisations Solidarité pour les agents et fonctionnaires européens, Syndicat general du personnel des organismes européens, Fédération de la function publique européenne, on the one hand, and the trade union organisation Pluralist, on the other, to bear their own costs.






(1)  OJ C 340, 19.11.2011, p. 41.
Commission Regulation (EU) No 940/2013 of 1 October 2013 establishing a prohibition of fishing for mackerel in areas VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2013-10-01
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Portugal, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013260EN.01000101.xml










2.10.2013   


EN


Official Journal of the European Union


L 260/1








            COMMISSION REGULATION (EU) No 940/2013
of 1 October 2013
         
establishing a prohibition of fishing for mackerel in areas VIIIc, IX and X; EU waters of CECAF 34.1.1 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, 1 October 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


49/TQ40




Member State


Portugal




Stock


MAC/8C3411




Species


Mackerel (Scomber scombrus)





Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


8.9.2013
Case T-554/11: Order of the General Court of 1 October 2013 — Evropaïki Dynamiki v Commission (Action for annulment — Financing by the European Union of certain projects in Tunisia, in the framework of the EuropeAid programme — Development of an integrated IT system for the Tunisian judiciary — Recovery by the Commission of debts payable to Tunisia by a third party — Debit note — Acts inseparable from the contract — Act not open to challenge — Inadmissible)
Date: 2013-10-01
Institutions: General Court
Subjects: Tunisia, judicial reform, management information system, redemption








C_2013344EN.01005502.xml










23.11.2013   


EN


Official Journal of the European Union


C 344/55





Order of the General Court of 1 October 2013 — Evropaïki Dynamiki v Commission
(Case T-554/11) (1)

(Action for annulment - Financing by the European Union of certain projects in Tunisia, in the framework of the EuropeAid programme - Development of an integrated IT system for the Tunisian judiciary - Recovery by the Commission of debts payable to Tunisia by a third party - Debit note - Acts inseparable from the contract - Act not open to challenge - Inadmissible)
2013/C 344/98
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, M. Dermitzakis, and N. Theologou, lawyers)

Defendant: European Commission (represented by: A. Bordes and S. Bartelt, acting as Agents)

Re:

Application for annulment of the Commission’s decision refusing to settle sums allegedly payable and requiring repayment of the sum of EUR 281 270,00 paid in the framework of the implementation of the contract EuropeAid/124378/D/SER/TN (No 2007/145-464), communicated to the applicant by letter dated 8 August 2011 (C&F/2011/D/001101), and also of debit note 3241108036, received by the applicant on 17 August 2011, and of all the Commission’s related decisions

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE, in addition to bearing its own costs, shall pay the costs incurred by the European Commission.






(1)  OJ C 370, 17.12.2011.
Non-opposition to a notified concentration (Case COMP/M.7014 — Marubeni/NPIH)  Text with EEA relevance
Date: 2013-10-01
Institutions: European Commission
Subjects: Portugal, distribution business, economic concentration, energy industry, merger control








C_2013285EN.01000101.xml










1.10.2013   


EN


Official Journal of the European Union


C 285/1





Non-opposition to a notified concentration
(Case COMP/M.7014 — Marubeni/NPIH)
(Text with EEA relevance)
2013/C 285/01
On 24 September 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 32013M7014. EUR-Lex is the online access to the European law.
Euro exchange rates
Date: 2013-10-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2013285EN.01000201.xml










1.10.2013   


EN


Official Journal of the European Union


C 285/2





Euro exchange rates (1)

30 September 2013
2013/C 285/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3505




JPY


Japanese yen


131,78




DKK


Danish krone


7,4580




GBP


Pound sterling


0,83605




SEK


Swedish krona


8,6575




CHF


Swiss franc


1,2225




ISK


Iceland króna


 




NOK


Norwegian krone


8,1140




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,730




HUF


Hungarian forint


298,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7027




PLN


Polish zloty


4,2288




RON


Romanian leu


4,4620




TRY


Turkish lira


2,7510




AUD


Australian dollar


1,4486




CAD


Canadian dollar


1,3912




HKD


Hong Kong dollar


10,4722




NZD


New Zealand dollar


1,6296




SGD


Singapore dollar


1,6961




KRW


South Korean won


1 451,84




ZAR


South African rand


13,5985




CNY


Chinese yuan renminbi


8,2645




HRK


Croatian kuna


7,6153




IDR


Indonesian rupiah


15 425,27




MYR


Malaysian ringgit


4,4103




PHP


Philippine peso


58,765




RUB


Russian rouble


43,8240




THB


Thai baht


42,264




BRL


Brazilian real


3,0406




MXN


Mexican peso


17,8462




INR


Indian rupee


84,8440






(1)  Source: reference exchange rate published by the ECB.