do-me/EUR-LEX huggingface dataset:
A common European asylum system.
Date: 2014-02-18
Institutions: Directorate-General for Migration and Home Affairs
Subjects: Community body, EU Member State, directive (EU), free movement of persons, political asylum, refugee, regulation (EU), right of asylum

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A Common  

European  

Asylum System

doi:10.2837/65932

Home Affairs

HOW TO OBTAIN EU PUBLICATIONS 

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Luxembourg: Publications Office of the European Union, 2014

ISBN 978-92-79-34626-2
doi:10.2837/65932

© European Union, 2014
Reproduction is authorised provided the source is acknowledged.

Printed in Belgium
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Case T-119/14: Action brought on 18 February 2014 — Carbio v Council
Date: 2014-02-18
Institutions: General Court
Subjects: Argentina, anti-dumping duty, biofuel, fixing of prices, import (EU), originating product, restriction on competition, soya bean, soya bean oil








C_2014151EN.01002401.xml










19.5.2014   


EN


Official Journal of the European Union


C 151/24





Action brought on 18 February 2014 — Carbio v Council
(Case T-119/14)
2014/C 151/32
Language of the case: English

Parties


Applicant: Cámara Argentina de Biocombustibles (Carbio) (Buenos Aires, Argentina) (represented by: J. Bellis and R. Luff, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul Council Implementing Regulation (EU) No 1194/2013 of 19 November 2013, imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of biodiesel originating in Argentina and Indonesia (OJ 2013 L 315, p. 2), insofar as it concerns the applicant; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that the Institutions have committed a manifest error in the appreciation of the facts by concluding that there was a distortion of the prices of soya beans and soybean oil justifying the application of the second paragraph of Article 2(5) of the Basic Anti-dumping Regulation (1).










2.


Second plea in law, alleging that the second paragraph of Article 2(5) of the Basic Antidumping Regulation, as construed by the Institutions in the present case, may not be applied to imports from a WTO member as it is inconsistent with the WTO Anti-dumping Agreement.










3.


Third plea in law, alleging that the injury assessment fails to take into consideration factors that break the causal link between the alleged injury and the allegedly dumped imports in violation of Article 3(7) of the Basic-Anti-dumping Regulation.






(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 2009 L 343, p. 51)
Non-opposition to a notified concentration (Case COMP/M.7148 — Borealis Europan Holdings/First State Investments/Fortum Distribution Finland)  Text with EEA relevance
Date: 2014-02-18
Institutions: European Commission
Subjects: Finland, economic concentration, electrical energy, energy industry, investment company, merger control








C_2014046EN.01000101.xml










18.2.2014   


EN


Official Journal of the European Union


C 46/1





Non-opposition to a notified concentration
(Case COMP/M.7148 — Borealis Europan Holdings/First State Investments/Fortum Distribution Finland)
(Text with EEA relevance)
(2014/C 46/01)
On 3 February 2014, 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 32014M7148. EUR-Lex is the online access to the European law.
Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/172/CFSP and in Council Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
Date: 2014-02-18
Institutions: Council of the European Union
Subjects: Egypt, economic sanctions, international sanctions








C_2014046EN.01000501.xml










18.2.2014   


EN


Official Journal of the European Union


C 46/5





Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision 2011/172/CFSP and in Council Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
(2014/C 46/06)
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons who appear in the Annex to Council Decision 2011/172/CFSP (1) and in Annex I to Council Regulation (EU) No 270/2011 (2) concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt. The grounds for listing of those persons appear in the relevant entries in those Annexes.
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered, before 4 March 2014, to the following address:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




E-mail: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council's periodic review, in accordance with Article 12 of Regulation (EU) No 270/2011, of the list of designated persons.


(1)  OJ L 76, 22.3.2011, p. 63.

(2)  OJ L 76, 22.3.2011, p. 4.
Case C-85/14: Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands) lodged on 18 February 2014 — KPN BV v Autoriteit Consument en Markt (ACM), other parties: UPC Nederland BV and Others
Date: 2014-02-18
Institutions: Court of Justice
Subjects: price control, telephone, universal service








C_2014151EN.01001101.xml










19.5.2014   


EN


Official Journal of the European Union


C 151/11





Request for a preliminary ruling from the College van Beroep voor het Bedrijfsleven (Netherlands) lodged on 18 February 2014 — KPN BV v Autoriteit Consument en Markt (ACM), other parties: UPC Nederland BV and Others
(Case C-85/14)
2014/C 151/14
Language of the case: Dutch

Referring court

College van Beroep voor het Bedrijfsleven

Parties to the main proceedings


Appellant: KPN BV

Respondent: Autoriteit Consument en Markt (ACM)

Other parties: UPC Nederland BV, UPC Nederland Business BV, Tele2 Nederland BV, BT Nederland NV

Questions referred







1.


Does Article 28 of the Universal Service Directive (1) permit the imposition of tariff regulation, without a market analysis having indicated that an operator has significant market power in regard to the regulated service, although the cross-border selectability of non-geographic telephone numbers is entirely possible from a technical point of view and the only obstacle to access to those numbers lies in the fact that the tariffs charged mean that a call to a nongeographic number is more expensive than a call to a geographic number?










2.


If Question 1 is answered in the affirmative, the following two questions arise for the College van Beroep:






(a)


Does the power to regulate tariffs also apply in the case where the effect of higher tariffs on the call volume to non-geographic numbers is merely limited?










(b)


To what extent do the national courts still have scope to assess whether a tariff-related measure required under Article 28 of the Universal Service Directive is not unreasonably onerous for the transit provider, given the objectives which it seeks to attain?














3.


Does Article 28(1) of the Universal Service Directive leave open the possibility that the measures referred to in that provision may be taken by an authority other than the national regulatory authority which exercises the powers referred to in Article 13(1) of the Access Directive, (2) with the result that the latter authority would merely have enforcement powers?






(1)  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (OJ 2002 L 108, p. 51).

(2)  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (OJ 2002 L 108, p. 7).
Non-opposition to a notified concentration (Case COMP/M.7062 — Rudus East/Lujabetoni/JV)  Text with EEA relevance
Date: 2014-02-18
Institutions: European Commission
Subjects: Russia, building materials, economic concentration, merger control








C_2014046EN.01000201.xml










18.2.2014   


EN


Official Journal of the European Union


C 46/2





Non-opposition to a notified concentration
(Case COMP/M.7062 — Rudus East/Lujabetoni/JV)
(Text with EEA relevance)
(2014/C 46/03)
On 10 February 2014, 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 32014M7062. EUR-Lex is the online access to the European law.
Case C-86/14: Request for a preliminary ruling from the Juzgado de lo Social No 1 de Granada (Spain) lodged on 18 February 2014  — Marta León Medialdea v Ayuntamiento de Huétor Vega
Date: 2014-02-18
Institutions: Court of Justice
Subjects: fraud, public administration, severance pay, temporary employment, work contract








C_2014142EN.01002001.xml










12.5.2014   


EN


Official Journal of the European Union


C 142/20





Request for a preliminary ruling from the Juzgado de lo Social No 1 de Granada (Spain) lodged on 18 February 2014 — Marta León Medialdea v Ayuntamiento de Huétor Vega
(Case C-86/14)
2014/C 142/27
Language of the case: Spanish

Referring court

Juzgado de lo Social No 1 de Granada

Parties to the main proceedings


Applicant: Marta León Medialdea

Defendant: Ayuntamiento de Huétor Vega

Questions referred







1.


Is a worker employed under a non-permanent contract of indefinite duration, as envisaged by the legislation and the case-law, a fixed-term worker within the meaning of the definition set out in Directive 1999/70/EC? (1)











2.


Is it compatible with EU law for the national court to interpret and apply national law in such a way that, as regards fixed-term employment contracts in the public sector entered into in circumvention of the law which are transformed into non-permanent contracts of indefinite duration, the public authorities may fill or eliminate the posts held by persons employed under such contracts unilaterally, without paying any compensation to the worker, where the legislation does not lay down other measures to limit the misuse of temporary contracts?










3.


Would the same conduct by the public authority be compatible with EU law if, in filling or eliminating the post, the worker concerned was paid the compensation provided for in the event of termination of temporary contracts entered into lawfully?










4.


Would the same conduct by the public authority be compatible with EU law if, in order to fill or eliminate the post, it was required to have recourse to the procedures and grounds provided for in the event of dismissal for objective reasons and to pay the same compensation?






(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).
Euro exchange rates
Date: 2014-02-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2014046EN.01000601.xml










18.2.2014   


EN


Official Journal of the European Union


C 46/6





Euro exchange rates (1)

17 February 2014
(2014/C 46/07)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3699




JPY


Japanese yen


139,60




DKK


Danish krone


7,4620




GBP


Pound sterling


0,81885




SEK


Swedish krona


8,8286




CHF


Swiss franc


1,2221




ISK


Iceland króna


 




NOK


Norwegian krone


8,3200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,396




HUF


Hungarian forint


308,75




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1471




RON


Romanian leu


4,4899




TRY


Turkish lira


2,9858




AUD


Australian dollar


1,5159




CAD


Canadian dollar


1,5015




HKD


Hong Kong dollar


10,6238




NZD


New Zealand dollar


1,6381




SGD


Singapore dollar


1,7239




KRW


South Korean won


1 452,81




ZAR


South African rand


14,8483




CNY


Chinese yuan renminbi


8,3071




HRK


Croatian kuna


7,6565




IDR


Indonesian rupiah


16 144,27




MYR


Malaysian ringgit


4,5130




PHP


Philippine peso


60,768




RUB


Russian rouble


48,1519




THB


Thai baht


44,161




BRL


Brazilian real


3,2752




MXN


Mexican peso


18,1145




INR


Indian rupee


84,7386






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.7192 — Brookfield/MOL/ITI) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-02-18
Institutions: European Commission
Subjects: United States, economic concentration, investment company, maritime transport, merger control, transport company








C_2014046EN.01001101.xml










18.2.2014   


EN


Official Journal of the European Union


C 46/11





Prior notification of a concentration
(Case COMP/M.7192 — Brookfield/MOL/ITI)
Candidate case for simplified procedure
(Text with EEA relevance)
(2014/C 46/11)






1.


On 7 February 2014, 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 Brookfield Infrastructure Fund GP II LLC (‘Brookfield’, USA), ultimately controlled by Brookfield Asset Management Inc. (Canada) and Mitsui O.S.K. Lines, Ltd (‘MOL’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking International Transportation Inc. (‘ITI’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Brookfield: asset management with investments in property, renewable power, infrastructure and private equity,










—


for MOL: provision of several shipping and terminal services worldwide,










—


for ITI: provision of stevedoring and other port terminal services from the American ports of Los Angeles and Oakland.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7192 — Brookfield/MOL/ITI, 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 ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
2014/101/EU: Council Decision of 18 February 2014 appointing a Czech member of the Committee of the Regions
Date: 2014-02-18
Institutions: Council of the European Union
Subjects: Czechia, European Committee of the Regions, appointment of members








L_2014052EN.01001701.xml










21.2.2014   


EN


Official Journal of the European Union


L 52/17








            COUNCIL DECISION
         
of 18 February 2014
         
appointing a Czech member of the Committee of the Regions
(2014/101/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)


A member’s seat on the Committee of the Regions will become vacant following the end of the term of office of Mr Bohuslav SVOBODA,





HAS ADOPTED THIS DECISION:



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






—


Mr Tomáš HUDEČEK, Primátor hl. města Prahy.






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




Done at Brussels, 18 February 2014.


For the Council


The President

G. STOURNARAS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.