do-me/EUR-LEX huggingface dataset:
Council Decision of 14 April 2014 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Cedefop, Croatia, Latvia, Spain, appointment of members, decision-making body (EU)








C_2014118EN.01000101.xml










17.4.2014   


EN


Official Journal of the European Union


C 118/1






COUNCIL DECISION

of 14 April 2014
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2014/C 118/01
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nomination submitted by the Croatian government,
Having regard to the nomination submitted by the Commission in the category of Employees’ representatives,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.










(2)


The seat of the Croatian member had to be filled.










(3)


A member’s seat is available for Spain on the Governing Board of the Centre in the category of Employees’ representatives.










(4)


A member’s seat on the Governing Board of the Centre in the category of representatives of Employers’ organisations has become vacant for Latvia as a result of the resignation of Ms Marina SKLARA.










(5)


A member’s seat on the Governing Board of the Centre in the category of representatives of Employers’ organisations had to be filled for Croatia.










(6)


The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,




HAS DECIDED AS FOLLOWS:
Sole Article
The following persons are hereby appointed as members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

GOVERNMENT REPRESENTATIVES:






CROATIA


Ms Katarina GRGEC








REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS:






SPAIN


Ms Yolanda PONCE








REPRESENTATIVES OF EMPLOYERS’ ORGANISATIONS:






LATVIA


Ms Inga ŠīNA




CROATIA


Mr Ivica ZELIĆ





Done at Luxembourg, 14 April 2014.


For the Council


The President

A. TSAFTARIS





(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.
Case T-263/12: Order of the General Court of 14 April 2014  — Manufacturing Support & Procurement Kala Naft v Council (Common foreign and security policy — Restrictive measures against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Obligation to state reasons — Obligation of individual communication — Rights of the defence — Right to effective judicial protection — Right to property — Proportionality — Competence of the Council — Misuse of powers — Error of law — Definition of support given to nuclear proliferation — Error of assessment — Action manifestly lacking any foundation in law)
Date: 2014-04-14
Institutions: General Court
Subjects: Iran, abuse of power, common foreign and security policy, economic sanctions, international sanctions, nuclear non-proliferation, ownership, powers of the institutions (EU), principle of proportionality, right to justice, rights of the defence








C_2014194EN.01002501.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/25





Order of the General Court of 14 April 2014 — Manufacturing Support & Procurement Kala Naft v Council
(Case T-263/12) (1)

((Common foreign and security policy - Restrictive measures against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Res judicata - Obligation to state reasons - Obligation of individual communication - Rights of the defence - Right to effective judicial protection - Right to property - Proportionality - Competence of the Council - Misuse of powers - Error of law - Definition of support given to nuclear proliferation - Error of assessment - Action manifestly lacking any foundation in law))
2014/C 194/32
Language of the case: French

Parties


Applicant: Manufacturing Support & Procurement Kala Naft Co., Tehran (Tehran, Iran) (represented by: F. Esclatine and S. Perrotet, lawyers)

Defendant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: É. Cujo and M. Konstantinidis, acting as Agents)

Re:

Application for the partial annulment of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1).

Operative part of the order







1.


The action is dismissed as manifestly lacking any foundation in law.










2.


In addition to bearing its own costs, Manufacturing Support & Procurement Kala Naft Co., Tehran shall pay the costs incurred by the Council of the European Union.










3.


The European Commission is ordered to pay its costs.






(1)  OJ C 258, 25. 8. 2012.
Case C-181/14: Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 April 2014  — Criminal proceedings against G
Date: 2014-04-14
Institutions: Court of Justice
Subjects: criminal procedure, health risk, interpretation of the law, medicinal product, therapeutics








C_2014212EN.01001601.xml










7.7.2014   


EN


Official Journal of the European Union


C 212/16





Request for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 14 April 2014 — Criminal proceedings against G
(Case C-181/14)
2014/C 212/17
Language of the case: German

Referring court

Bundesgerichtshof

Party to the main proceedings

G

Question referred

Is Article 1(2)(b) of Directive 2001/83/EC (1) of 6 November 2001, as amended by Directive 2004/27/EC (2) of 31 March 2004, to be interpreted as meaning that substances or combinations of substances, within the meaning of that provision, which merely modify — that is, do not restore or correct — human physiological functions are to be regarded as medicinal products only if they are of therapeutic benefit or at any rate bring about a modification of bodily functions along positive lines? Consequently, do substances or combinations of substances which are consumed solely for their — intoxication-inducing — psychoactive effects, and in the process also have an effect which at least poses a risk to health, fall under the definition of ‘medicinal product’ contained in the directive?


(1)  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 (OJ 2001 L 311, p. 67).

(2)  Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC (OJ 2004 L 136, p. 34).
Council Decision 2014/214/CFSP of 14 April 2014 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Myanmar/Burma, arms control, international sanctions, trade restriction




L_2014111EN.01008401.xml










15.4.2014   


EN


Official Journal of the European Union


L 111/84








            COUNCIL DECISION 2014/214/CFSP
of 14 April 2014
         
amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and in particular Article 29 thereof,

Whereas:







(1)


On 22 April 2013, the Council adopted Decision 2013/184/CFSP (1).












(2)


On the basis of a review of Decision 2013/184/CFSP, the restrictive measures should be renewed until 30 April 2015.












(3)


Decision 2013/184/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2013/184/CFSP is hereby amended as follows:
Article 3 is replaced by the following:

‘Article 3
This Decision shall apply until 30 April 2015. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’.



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





Done at Luxembourg, 14 April 2014.


For the Council


The President

C. ASHTON
            





(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).
Case C-185/14: Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 14 April 2014  — EasyPay AD, Finance Engineering AD v Ministerski savet na Republika Balgaria, Natsionalen osiguritelen institut
Date: 2014-04-14
Institutions: Court of Justice
Subjects: application of EU law, free competition, post office financial services, social-security benefit








C_2014194EN.01001701.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/17





Request for a preliminary ruling from the Varhoven administrativen sad (Bulgaria) lodged on 14 April 2014 — EasyPay AD, Finance Engineering AD v Ministerski savet na Republika Balgaria, Natsionalen osiguritelen institut
(Case C-185/14)
2014/C 194/21
Language of the case: Bulgarian

Referring court

Varhoven administrativen sad

Parties to the main proceedings


Applicants: EasyPay AD, Finance Engineering AD

Defendants: Ministerski savet na Republika Balgaria, Natsionalen osiguritelen institut

Questions referred







1.


Is a postal service such as the postal money transfer service by which sums of money are transferred from the sender, which in this case is the State, to the recipients — persons entitled to social security payments — to be regarded as not being covered by the scope of Directive 97/67, (1) as amended by Directives 2002/39 (2) and 2008/6, (3) such that it is subject to the provisions of Articles 106 and 107 TFEU?










2.


If the first question is answered in the affirmative, are Articles 106 and 107 TFEU to be interpreted as meaning that they do not permit a restriction of free competition in the provision of a postal service such as that described if that is justified by compelling considerations relating to the guarantee of a constitutional right of citizens and the social policy of the State and if at the same time the service, by its nature, may be qualified as a service of general economic interest, provided that the compensation received by the service provider is public service compensation which does not exceed the sum laid down in Article 2(1)(a) of European Commission Decision C(2011) 9380 of 20 December 2011?






(1)  Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ 1997 L 15, p. 14).

(2)  Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services (OJ 2002 L 176, p. 21).

(3)  Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services (OJ 2008 L 52, p. 3).
Case T-233/14: Action brought on 14 April 2014  — Intesa Sanpaolo v OHIM (NEXTCARD)
Date: 2014-04-14
Institutions: General Court
Subjects: EU trade mark, bank, registered trade mark, trade-mark law








C_2014235EN.01002101.xml










21.7.2014   


EN


Official Journal of the European Union


C 235/21





Action brought on 14 April 2014 — Intesa Sanpaolo v OHIM (NEXTCARD)
(Case T-233/14)
2014/C 235/28
Language of the case: Italian

Parties


Applicant: Intesa Sanpaolo SpA (Turin, Italy) (represented by: P. Pozzi, G. Ghisletti and F. Braga, lawyers)

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 Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 in Case R 1807/2013-5;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: Word mark NEXTCARD for goods and services in Classes 9 and 36 — Community trade mark application No 1 1 3 79  931

Decision of the Examiner: Application refused in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 75 of Regulation No 207/2009
Last publication of the Court of Justice of the European Union in the Official Journal of the European Union OJ C 102, 7.4.2014
Date: 2014-04-14
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union








C_2014112EN.01000101.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/1





2014/C 112/01
Last publication of the Court of Justice of the European Union in the Official Journal of the European Union



OJ C 102, 7.4.2014



Past publications


OJ C 93, 29.3.2014


OJ C 85, 22.3.2014


OJ C 78, 15.3.2014


OJ C 71, 8.3.2014


OJ C 61, 1.3.2014


OJ C 52, 22.2.2014

These texts are available on:
EUR-Lex: http://eur-lex.europa.eu
2014/518/Euratom: Council Decision of 14 April 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Croatia, EAEC, Serbia, accession to the European Union, protocol to an agreement, ratification of an agreement, stabilisation and association agreement








L_2014233EN.01002001.xml










6.8.2014   


EN


Official Journal of the European Union


L 233/20








            COUNCIL DECISION
         
of 14 April 2014
         
approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

(2014/518/Euratom)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,


Having regard to the recommendation from the European Commission,

Whereas:







(1)


On 24 September 2012, the Council authorised the Commission to open negotiations with the Republic of Serbia in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).












(2)


Those negotiations were successfully completed and the Protocol initialled on 10 December 2013.












(3)


The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.












(4)


The signature and conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,





HAS ADOPTED THIS DECISION:



Article 1
The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
The text of the Protocol is attached to the Decision on its signature.


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




Done at Luxembourg, 14 April 2014.


For the Council


The President

C. ASHTON
Council Decision of 14 April 2014 appointing a member and alternate members of the Advisory Committee on Safety and Health at Work for Croatia
Date: 2014-04-14
Institutions: Council of the European Union
Subjects: Croatia, advisory committee (EU), appointment of members, occupational safety








C_2014118EN.01000301.xml










17.4.2014   


EN


Official Journal of the European Union


C 118/3






COUNCIL DECISION

of 14 April 2014
appointing a member and alternate members of the Advisory Committee on Safety and Health at Work for Croatia
2014/C 118/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Decision 2003/C 218/01 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 list of candidates 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 until 28 February 2016.










(2)


The Government of Croatia has submitted further nominations for several posts to be filled,




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

TRADE UNION REPRESENTATIVES:








Country


Member


Alternate




Croatia


Mr Zdenko MUČNJAK


Ms Gordana PALAJSA
Mr Marko PALADA




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

Done at Luxembourg, 14 April 2014.


For the Council


The President

A. TSAFTARIS





(1)  OJ C 218, 13.9.2003, p. 1.

(2)  OJ C 120, 26.4.2013, p. 7.
Case T-253/14: Action brought on 14 April 2014  — Chemo Ibérica v OHIM — Novartis (EXELTIS)
Date: 2014-04-14
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2014253EN.01003101.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/31





Action brought on 14 April 2014 — Chemo Ibérica v OHIM — Novartis (EXELTIS)
(Case T-253/14)
2014/C 253/45
Language in which the application was lodged: Spanish

Parties


Applicant: Chemo Ibérica, SA (Barcelona, Spain) (represented by: M.I. Escudero Pérez, lawyer)

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

Other party to the proceedings before the Board of Appeal: Novartis AG (Basel, Switzerland)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2014 in Case R 1022/2013-4, and accordingly order that figurative Community trade mark No 1 0 2 49  035‘EXELTIS’ should be granted in relation to Class 5 of the International Classification;










—


order the defendant and/or the other party to the proceedings to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Chemo Ibérica, SA

Community trade mark concerned: Figurative mark containing the word element ‘EXELTIS’ for goods in Class 5 — Community trade mark application No 1 0 2 49  035

Proprietor of the mark or sign cited in the opposition proceedings: Novartis AG

Mark or sign cited in opposition: Word mark ‘EXELON’ for goods in Class 5

Decision of the Opposition Division: Application rejected

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009.
Opinion of the European Central Bank of 14 April 2014 on operations relating to government securities (CON/2014/26)
Date: 2014-04-14
Institutions: European Central Bank
Subjects: Romania, central bank, issue of securities, national law, payment system, public borrowing

EN 

ECB-PUBLIC 

OPINION OF THE EUROPEAN CENTRAL BANK 

of 14 April 2014 

on operations relating to government securities  

(CON/2014/26) 

Introduction and legal basis 

On  21  March  2014,  the  European  Central  Bank  (ECB)  received  a  request  from  Banca  Naţională  a 

României (BNR) for an opinion on a draft BNR regulation amending BNR Regulation No 12/2005 on the 
secondary market for government securities managed by BNR1 (hereinafter the ‘draft regulation’). 

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 

Functioning  of  the  European  Union  and  the  third  and  fifth  indents  of  Article 2(1)  of  Council  Decision 
98/415/EC2,  as  the  draft  regulation  relates  to  BNR  and  payment  and  settlement  systems.  In  accordance 

with  the  first  sentence  of  Article 17.5  of  the  Rules  of  Procedure  of  the  European  Central  Bank,  the 

Governing Council has adopted this opinion. 

Purpose of the draft regulation 

BNR manages the primary and secondary markets for government securities in Romania. Transactions on 

these markets are settled in the system for Settlement and Financial Instruments Registration (SaFIR), the 

sole depository of government securities in Romania, which is also managed by BNR.  

Transactions  on  the  secondary  market  for  government  securities  in  Romania  take  place  by  direct 

negotiation between intermediaries, and participants can only perform such operations through accounts 

with SaFIR. In order to reduce fragmentation of  the interbank money market for government securities 

and  to  facilitate  the  processing  of  transactions  in  government  securities  in  SaFIR,  the  draft  regulation 

repeals a provision of BNR Regulation No 12/2005 that states that operations relating to government  

1  
2  

Published in Monitorul Oficial al României, Part I No 882/2005. 
Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities 
regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42). 

 
 
 
 
                                                 
ECB-PUBLIC 

bonds are to be conducted only in the currency of issue. As a result, transactions could be settled in SaFIR 

in the currency agreed between the parties. 

The ECB has no comments on this draft regulation. 

This opinion will be published on the ECB’s website.  

Done at Frankfurt am Main, 14 April 2014. 

[signed] 

The President of the ECB 

Mario DRAGHI 

2