do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 1279/2013 of 9 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 (Aceto balsamico tradizionale di Reggio Emilia (PDO))
Date: 2013-12-09
Institutions: European Commission
Subjects: Italy, condiment, consumer information, designation of origin, foodstuff, product designation








L_2013332EN.01000101.xml










11.12.2013   


EN


Official Journal of the European Union


L 332/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 1279/2013
of 9 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 (Aceto balsamico tradizionale di Reggio Emilia (PDO))


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)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Aceto balsamico tradizionale di Reggio Emilia’, registered under Council Regulation (EC) No 813/2000 (2).












(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 (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of objection under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification 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, 9 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 100, 20.4.2000, p. 5.

(3)  
            OJ C 172, 18.6.2013, p. 8.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.8.   Other products listed in Annex I to the Treaty (spices etc.)

ITALY
Aceto balsamico tradizionale di Reggio Emilia (PDO)
Case T-38/09: Order of the General Court of 9 December 2013 — El Corte Inglés v Commission (Customs Union — Import of textiles declared to have originated in Jamaica — Recovery ‘a posteriori’ of import duties — Application for remission of duties — Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 — Commission decision rejecting that application — Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori — No need to adjudicate)
Date: 2013-12-09
Institutions: General Court
Subjects: CCT duties, Jamaica, import (EU), tax debt write-off, textile product








C_2014045EN.01002902.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/29





Order of the General Court of 9 December 2013 — El Corte Inglés v Commission
(Case T-38/09) (1)

(Customs Union - Import of textiles declared to have originated in Jamaica - Recovery ‘a posteriori’ of import duties - Application for remission of duties - Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92 - Commission decision rejecting that application - Annulment by the national court of the decision of the national authorities to enter in the accounts duties a posteriori - No need to adjudicate)
2014/C 45/47
Language of the case: Spanish

Parties


Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: M. Baz and P. Muñiz, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and L. Keppenne, acting as Agents)

Intervener in support of the applicant: Axstores AB, formerly Åhléns AB (Stockholm, Sweden) (represented initially by P. Fohlin and U. Käll, subsequently by U. Käll and T. Wetterlundh, lawyers)

Re:

Application for annulment of Commission Decision C(2008) 6317 final of 3 November 2008, finding, first, that it is justified to proceed to recovery a posteriori of those import duties not demanded from the applicant and, second, that the remission of those duties is not justified by the existence of a special situation, regarding the import of textiles declared to have originated in Jamaica (Case REM 03/07).

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Each party shall bear its own costs.






(1)  OJ C 69, 21.3.2009.
Case C-650/13: Request for a preliminary ruling from the Tribunal d’instance de Bordeaux (France) lodged on 9 December 2013 — Thierry Delvigne v Commune de Lesparre Médoc and Préfet de la Gironde
Date: 2013-12-09
Institutions: Court of Justice
Subjects: EU law - national law, European election, carrying out of sentence, equal treatment, principle of proportionality, right to stand for election, right to vote








C_2014129EN.01000701.xml










28.4.2014   


EN


Official Journal of the European Union


C 129/7






Request for a preliminary ruling from the Tribunal d’instance de Bordeaux (France) lodged on 9 December 2013 — Thierry Delvigne v Commune de Lesparre Médoc and Préfet de la Gironde
(Case C-650/13)
(2014/C 129/08)
Language of the case: French

Referring court

Tribunal d’instance de Bordeaux

Parties to the main proceedings


Applicant: Thierry Delvigne

Defendants: Commune de Lesparre Médoc and Préfet de la Gironde

Questions referred







1.


Is Article 49 of the Charter of Fundamental Rights of the European Union to be interpreted as preventing a provision of national law from maintaining a ban — which, moreover, is indefinite and disproportionate — on allowing persons who were convicted before the entry into force of a more lenient criminal law, namely, Law No 94-89 of 1 February 1994, to receive a lighter penalty?










2.


Is Article 39 of the Charter of Fundamental Rights of the European Union, applicable to elections to the European Parliament, to be interpreted as precluding the Member States of the European Union from making provision for a general, indefinite and automatic ban on exercising civil and political rights, in order to avoid creating any inequality of treatment between nationals of the Member States?
Case T-655/13: Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)
Date: 2013-12-09
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wind energy








C_2014039EN.01002602.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/26





Action brought on 9 December 2013 — Enercon v OHIM (Shades of the colour green)
(Case T-655/13)
2014/C 39/47
Language of the case: German

Parties


Applicant: Enercon GmbH (Aurich, Germany) (represented by R. Böhm, 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 decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 September 2013 in Case R 0247/2013-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark representing shades of the colour green for goods in Classes 7, 16 and 28 — Community trade mark application No 11055811

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009
2013/757/EU: Council Decision of 9 December 2013 appointing a German member and a German alternate member of the Committee of the Regions
Date: 2013-12-09
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2013335EN.01004501.xml










14.12.2013   


EN


Official Journal of the European Union


L 335/45








            COUNCIL DECISION
         
of 9 December 2013
         
appointing a German member and a German alternate member of the Committee of the Regions
(2013/757/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 German Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


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












(3)


An alternate member’s seat will become vacant following the appointment of Mr Frank ZIMMERMANN as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



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






(a)


as member:






—


Mr Frank ZIMMERMANN, Mitglied des Abgeordnetenhauses von Berlin;




and










(b)


as alternate member:






—


Mr Sven RISSMANN, Mitglied des Abgeordnetenhauses von Berlin.










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




Done at Brussels, 9 December 2013.


For the Council


The President

A. PABEDINSKIENĖ
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-651/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 9 December 2013 — Lb Group Ltd v Ministero dell’Economia e delle Finanze and Others
Date: 2013-12-09
Institutions: Court of Justice
Subjects: game of chance, invitation to tender, service concession








C_2014112EN.01002102.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/21





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 9 December 2013 — Lb Group Ltd v Ministero dell’Economia e delle Finanze and Others
(Case C-651/13)
2014/C 112/26
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Lb Group Ltd

Defendants: Ministero dell’Economia e delle Finanze, Amministrazione Autonoma dei Monopoli di Stato (AAMS) and Galassia Game Srl

Questions referred







1.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in [Joined Cases C-72/10 and C-77/10 Costa and Cifone [2012] ECR] to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in Costa and Cifone to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?
Commission Implementing Regulation (EU) No 1353/2013 of 9 December 2013 entering a name in the register of protected designations of origin and protected geographical indications [Liers vlaaike (PGI)]
Date: 2013-12-09
Institutions: European Commission
Subjects: Belgium, confectionery product, designation of origin, labelling, product designation








L_2013341EN.01003201.xml










18.12.2013   


EN


Official Journal of the European Union


L 341/32








            COMMISSION IMPLEMENTING REGULATION (EU) No 1353/2013
of 9 December 2013
         
entering a name in the register of protected designations of origin and protected geographical indications [Liers vlaaike (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 Article 50(2)(a) of Regulation (EU) No 1151/2012, Belgium's application to register the name ‘Liers vlaaike’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Liers vlaaike’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 9 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 C 177, 22.6.2013, p. 8.




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

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

BELGIUM
Liers vlaaike (PGI)
Commission Implementing Regulation (EU) No 1280/2013 of 9 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 [Cítricos Valencianos/Cítrics Valencians (PDO)]
Date: 2013-12-09
Institutions: European Commission
Subjects: Community of Valencia, Spain, citrus fruit, consumer information, designation of origin, foodstuff, product designation








L_2013332EN.01000301.xml










11.12.2013   


EN


Official Journal of the European Union


L 332/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 1280/2013
of 9 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 [Cítricos Valencianos/Cítrics Valencians (PDO)]


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)


By virtue of the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected designation of origin ‘Cítricos Valencianos/Cítrics Valencians’, registered under Commission Regulation (EC) No 865/2003 (2).












(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 (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of objection 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, 9 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 124, 20.5.2003, p. 17.

(3)  
            OJ C 168, 14.6.2013, p. 26.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN
Cítricos Valencianos/Cítrics Valencians (PDO)
Case F-118/13: Action brought on 9 December 2013 — ZZ v Commission
Date: 2013-12-09
Institutions: Civil Service Tribunal
Subjects: examination, report, staff assessment








C_2014052EN.01005302.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/53





Action brought on 9 December 2013 — ZZ v Commission
(Case F-118/13)
2014/C 52/103
Language of the case: French

Parties


Applicant: ZZ (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Career Development Report relating to the period from 1 July 2001 to 31 December 2002 and annulment of the merit points awarded during the 2003 promotion exercise.

Form of order sought







—


annul the Career Development Report (CDR) of the applicant for the period from 1 July 2001 to 31 December 2002;










—


in the alternative, annul the applicant’s merit points from the 2003 promotion exercise since they are not at the level of the average points awarded to staff of his grade during the same exercise;










—


order the Commission to pay the costs.
Council Decision 2013/729/CFSP of 9 December 2013 amending Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
Date: 2013-12-09
Institutions: Council of the European Union
Subjects: EU military mission, Mali, military cooperation, military training




L_2013332EN.01001801.xml










11.12.2013   


EN


Official Journal of the European Union


L 332/18








            COUNCIL DECISION 2013/729/CFSP
of 9 December 2013
         
amending Decision 2013/34/CFSP on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)


THE COUNCIL OF THE EUROPEAN UNION,

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


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

Whereas:







(1)


On 17 January 2013, the Council adopted Decision 2013/34/CFSP (1) establishing the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali).












(2)


On 18 February 2013, the Council adopted Decision 2013/87/CFSP (2) on the launch of EUTM Mali.












(3)


EUTM Mali should be provided with a project cell to manage projects in support of its objectives.












(4)


Decision 2013/34/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Decision 2013/34/CFSP the following Article is added:

‘Article 3a
Project cell

1.   EUTM Mali shall have a project cell for identifying and implementing projects. The Mission shall, as appropriate, coordinate, facilitate, and provide advice on projects implemented by Member States and third States, under their responsibility, in areas related to the Mission's mandate and in support of its objectives.


2.   Subject to paragraph 3, the EU Mission Commander shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing EUTM Mali's other actions in a consistent manner. In such a case, the EU Mission Commander shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the EU Mission Commander in the use of the funds provided by those States.
Under no circumstances shall the Union or the HR be held liable by contributing States as a result of acts or omissions by the EU Mission Commander in the use of funds from those States.


3.   The PSC shall agree on the acceptance of a financial contribution from third States to the project cell.’.




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




Done at Brussels, 9 December 2013.


For the Council


The President

A. PABEDINSKIENĖ
            





(1)  
            OJ L 14, 18.1.2013, p. 19.

(2)  Council Decision 2013/87/CFSP of 18 February 2013 on the launch of a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (OJ L 46, 19.2.2013, p 27).
Case C-652/13: Request for a preliminary ruling from the Tribunale ordinario di Cagliari (Italy) lodged on 9 December 2013 — Criminal proceedings against Mirko Saba
Date: 2013-12-09
Institutions: Court of Justice
Subjects: invitation to tender, service concession








C_2014112EN.01002201.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/22





Request for a preliminary ruling from the Tribunale ordinario di Cagliari (Italy) lodged on 9 December 2013 — Criminal proceedings against Mirko Saba
(Case C-652/13)
2014/C 112/27
Language of the case: Italian

Referring court

Tribunale ordinario di Cagliari

Party to the main proceedings

Mirko Saba

Questions referred







1.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in [Joined Cases C-72/10 and C-77/10 Costa and Cifone [2012] ECR] to be interpreted as precluding a call for tenders for the award of licences with a period of validity shorter than that of licences awarded in the past, where that tendering procedure has been launched in order to remedy the consequences of the unlawful exclusion of a certain number of operators from earlier tendering procedures?










2.


Are Article 49 et seq. TFEU and Article 56 et seq. TFEU and the principles laid down by the Court of Justice of the European Union in Costa and Cifone to be interpreted as precluding the possibility that sufficient justification for the shorter period of validity of licences offered for tender, as compared with licences awarded in the past, can be found in the requirement for the licensing system to be reorganised through the alignment of licence expiry dates?