do-me/EUR-LEX huggingface dataset:
2013/715/EU: Council Decision of 2 December 2013 establishing the position to be adopted on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Yemen to the World Trade Organization
Date: 2013-12-02
Institutions: Council of the European Union
Subjects: World Trade Organisation, Yemen, accession to an agreement, enlargement of an international organisation








L_2013326EN.01004401.xml










6.12.2013   


EN


Official Journal of the European Union


L 326/44








            COUNCIL DECISION
         
of 2 December 2013
         
establishing the position to be adopted on behalf of the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Yemen to the World Trade Organization
(2013/715/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 12 April 2000, the Government of the Republic of Yemen applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.












(2)


A Working Party on the accession of the Republic of Yemen was established on 17 and 19 July 2000 in order to reach agreement on terms of accession acceptable to the Republic of Yemen and all WTO Members.












(3)


The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening commitments on the part of the Republic of Yemen which satisfy the Union’s requests.












(4)


Those commitments are now embodied in the Protocol of Accession of the Republic of Yemen to the WTO.












(5)


Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Republic of Yemen.












(6)


The Protocol of Accession should therefore be approved.












(7)


Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the Ministerial Conference of the WTO approves the terms of accession on the WTO side.












(8)


Accordingly, it is appropriate to establish the position to be adopted on the Union’s behalf within the Ministerial Conference of the WTO on the accession of the Republic of Yemen to the WTO,





HAS ADOPTED THIS DECISION:



Article 1
The position to be adopted on behalf of the European Union within the Ministerial Conference of the WTO on the accession of the Republic of Yemen to the WTO is to approve the accession.


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




Done at Brussels, 2 December 2013.


For the Council


The President

E. GUSTAS
2014/115/EU: Council Decision of 2 December 2013 on the conclusion of the Protocol Amending the Agreement on Government Procurement
Date: 2013-12-02
Institutions: Council of the European Union
Subjects: World Trade Organisation, protocol to an agreement, public contract, ratification of an agreement, revision of an agreement








L_2014068EN.01000101.xml










7.3.2014   


EN


Official Journal of the European Union


L 68/1








            COUNCIL DECISION
         
of 2 December 2013
         
on the conclusion of the Protocol Amending the Agreement on Government Procurement
(2014/115/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The negotiations on the revision of the WTO Agreement on Government Procurement (1994 GPA) were launched in January 1999 pursuant to Article XXIV:7(b) and (c) of the 1994 GPA.












(2)


Negotiations have been conducted by the Commission in consultation with the Special Committee established by Article 207(3) of the Treaty on the Functioning of the European Union.












(3)


On 15 December 2011, the Parties to the 1994 GPA reached a political agreement at Ministerial level on the outcomes of the negotiations. That political agreement was confirmed through the adoption by the GPA Committee on 30 March 2012 of a Decision on the outcomes of the negotiations. By means of that Decision, which includes a Protocol Amending the Agreement on Government Procurement (the ‘Protocol’), the Parties to the 1994 GPA authenticated the text of the Protocol and opened it for their acceptance.












(4)


The Protocol should be approved on behalf of the Union.





HAS ADOPTED THIS DECISION:



Article 1
The Protocol amending the Agreement on Government Procurement is hereby approved on behalf of the European Union.
The text of the Protocol is attached to this Decision.


Article 2
The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of acceptance, as specified in paragraph 3 of the Protocol and consistent with Article XXIV:9 of the 1994 GPA in order to express the consent of the Union to be bound by the Protocol (1).


Article 3
The Protocol shall not be construed as conferring rights or imposing obligations which can be directly invoked in the Union or Member State courts.


Article 4
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 2 December 2013.


For the Council


The President

E. GUSTAS
            





(1)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
Case C-628/13: Request for a preliminary ruling from the Cour de cassation (France) lodged on 2 December 2013 — Jean-Bernard Lafonta v Autorité des marchés financiers
Date: 2013-12-02
Institutions: Court of Justice
Subjects: financial instrument, insider trading, prices, restriction on competition








C_2014039EN.01001301.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/13





Request for a preliminary ruling from the Cour de cassation (France) lodged on 2 December 2013 — Jean-Bernard Lafonta v Autorité des marchés financiers
(Case C-628/13)
2014/C 39/20
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Appellant: Jean-Bernard Lafonta

Respondent: Autorité des marchés financiers

Question referred

Must Article 1(1) of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (1) and Article 1(1) and (2) of Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the definition and public disclosure of inside information and the definition of market manipulation (2) be interpreted as meaning that only information in respect of which it may be determined, with a sufficient degree of probability, that, once it is made public, its potential effect on the prices of the financial instruments concerned will be in a particular direction may constitute inside information?


(1)  OJ 2003 L 96, p. 16.

(2)  OJ 2003 L 339, p. 70.
Council Decision of 2 December 2013 appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Croatia, Hungary, Portugal and the United Kingdom
Date: 2013-12-02
Institutions: Council of the European Union
Subjects: Croatia, European Agency for Safety and Health at Work, Hungary, Portugal, United Kingdom, advisory committee (EU), appointment of members








C_2013358EN.01000301.xml










7.12.2013   


EN


Official Journal of the European Union


C 358/3





COUNCIL DECISION
of 2 December 2013
appointing the members and alternate members of the Advisory Committee on Safety and Health at Work for Croatia, Hungary, Portugal and the United Kingdom
2013/C 358/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision of 22 July 2003 setting up an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
Having regard to the lists of nominations for appointment submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 22 April 2013 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 22 April 2013 to 28 February 2016, with the exception of certain members.










(2)


The Governments of Croatia, Hungary, Portugal and the United Kingdom have submitted nominations for a number of posts to be filled,




HAS ADOPTED THIS DECISION:
Article 1
The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2016:
I.   GOVERNMENT REPRESENTATIVES







Country


Member


Alternate




Croatia


Mr Zdravko MURATTI


Ms Inga ŽIC
Mr Ilija TADIĆ




Portugal


 


Mr António SANTOS







II.   TRADE UNION REPRESENTATIVES







Country


Member


Alternate




Hungary


Mr Károly GYÖRGY


Mr Szilárd SOMLAI







III.   EMPLOYERS' REPRESENTATIVES







Country


Member


Alternate




Croatia


Ms Admira RIBIČIĊ


Mr Nenad SEIFERT
Ms Milica JOVANOVIĆ




United Kingdom


 


Ms Hannah MURPHY




Article 2
The Council will appoint the members and alternate members not yet nominated at a later date.
Article 3
This Decision shall enter into force on the date of its adoption.

Done at Brussels, 2 December 2013.


For the Council


The President

E. GUSTAS




(1)  OJ C 218, 13.9.2003, p. 1.

(2)  OJ C 120, 26.4.2013, p. 7.
Commission Implementing Regulation (EU) No 1250/2013 of 2 December 2013 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Českobudějovické pivo (PGI))
Date: 2013-12-02
Institutions: European Commission
Subjects: Czechia, beer, designation of origin, product designation








L_2013323EN.01002601.xml










4.12.2013   


EN


Official Journal of the European Union


L 323/26








            COMMISSION IMPLEMENTING REGULATION (EU) No 1250/2013
of 2 December 2013
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Českobudějovické pivo (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission examined the Czech Republic’s application for the approval of amendments to the specification for the protected geographical indication ‘Českobudějovické pivo’, registered under Commission Regulation (EC) No 1107/96 (2), as amended by the Act concerning the conditions of accession of the Czech Republic to the European Union (3).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (4), as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 2 December 2013.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 236, 23.9.2003, p. 33.

(4)  
            OJ C 134, 14.5.2013, p. 54.




ANNEX
Agricultural products and foodstuffs listed in Annex I(I) to Regulation (EU) No 1151/2012:

Class 2.1.   Beer

CZECH REPUBLIC
Českobudějovické pivo (PGI)
Case T-647/13: Action brought on 2 December 2013 — Meda v OHIM — Takeda (PANTOPREM)
Date: 2013-12-02
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2014039EN.01002501.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/25





Action brought on 2 December 2013 — Meda v OHIM — Takeda (PANTOPREM)
(Case T-647/13)
2014/C 39/44
Language in which the application was lodged: German

Parties


Applicant: Meda AB (Solna, Sweden) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal: Takeda GmbH (Constance, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of 25 September 2013 in Case R 2171/2012-4 concerning the opposition against Community trade mark application No 9403973 ‘PANTOPREM’;










—


Order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘PANTOPREM’ for goods in Class 5 — Community trade mark application No 9403973

Proprietor of the mark or sign cited in the opposition proceedings: Takeda GmbH

Mark or sign cited in opposition: the Community word marks ‘PANTOPAN’, ‘PANTOMED’, ‘PANTOPRAZ’ and ‘PANTOPRO’ and the national word mark ‘PANTOP’ for goods in Class 5

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b); the first sentence of Article 59; Article 64(1); Article 75; 76(1), in fine; Article 77 and Article 112(1) of Regulation (EC) No 207/2009
Case F-49/12: Order of the Civil Service Tribunal (Second Chamber) of 2 December 2013 — Pachtitis v Commission (Civil Service — Open Competition EPSO/AD/77/06 — Access to documents — Request for access to answers to the admission tests — Annulment of the test results — No interest in bringing proceedings — No need to adjudicate)
Date: 2013-12-02
Institutions: Civil Service Tribunal
Subjects: access to information, admission to examinations, competition (EU)








C_2014071EN.01003501.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/35






Order of the Civil Service Tribunal (Second Chamber) of 2 December 2013 — Pachtitis v Commission
(Case F-49/12)
(Civil Service - Open Competition EPSO/AD/77/06 - Access to documents - Request for access to answers to the admission tests - Annulment of the test results - No interest in bringing proceedings - No need to adjudicate)
(2014/C 71/68)
Language of the case: Greek

Parties


Applicant: Dimitrios Pachtitis (Athens, Greece) (represented: initially by P. Giatagantzidis and K. Kyriazi, and subsequently by P. Giatagantzidis and A. Féréti, lawyers)

Defendant: European Commission (represented: initially by J. Currall and I. Chatzigiannis, and subsequently by J. Currall and D. Triantafyllou, acting as Agents)

Interveners in support of the applicant: Hellenic Republic (represented by: E.-M. Mamouna and K. Boskovits, acting as Agents)
Kingdom of Sweden (represented by: A. Falk and S. Johannesson, acting as Agents)
European Data Protection Supervisor (EDPS) (represented by: H. Hijmans, acting as Agent)

Operative part of the order







1.


There is no further need to adjudicate on the action.










2.


Mr Pachtitis and the European Commission shall bear their own respective costs.










3.


The Hellenic Republic, the Kingdom of Sweden and the European Data Protection Supervisor, as interveners, shall bear their own respective costs.
Commission Regulation (EU) No 1254/2013 of 2 December 2013 establishing a prohibition of fishing for cod in Skagerrak by vessels flying the flag of The Netherlands
Date: 2013-12-02
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2013324EN.01000101.xml










5.12.2013   


EN


Official Journal of the European Union


L 324/1








            COMMISSION REGULATION (EU) No 1254/2013
of 2 December 2013
         
establishing a prohibition of fishing for cod in Skagerrak 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, 2 December 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


69/TQ40




Member State


The Netherlands




Stock


COD/03AN.




Species


Cod (Gadus Morhua)




Zone


Skagerrak




Closing date


18.11.2013
Case C-627/13: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 December 2013 — Criminal proceedings against Miguel M.
Date: 2013-12-02
Institutions: Court of Justice
Subjects: drug surveillance, market approval, medicinal product








C_2014039EN.01001202.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/12





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 2 December 2013 — Criminal proceedings against Miguel M.
(Case C-627/13)
2014/C 39/19
Language of the case: German

Referring court

Bundesgerichtshof

Party to the main proceedings

Miguel M.

Question referred

Are medicinal products, as defined in Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, (1) which contain scheduled substances listed in Regulations (EC) No 273/2004 (2) and (EC) No 111/2005 (3) always excluded from the scope of those regulations in accordance with Article 2(a) of both those regulations, or is that to be presumed only where the medicinal products are compounded in such a way that the scheduled substances cannot be easily used or extracted by readily applicable or economically viable means?


(1)  OJ 2001 L 311, p. 67.

(2)  Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors (OJ 2004 L 47, p. 1).

(3)  Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors (OJ 2005 L 22, p. 1).