do-me/EUR-LEX huggingface dataset:
Case T-446/14: Action brought on 16 June 2014 — Taihan Electric Wire v Commission
Date: 2014-06-16
Institutions: General Court
Subjects: fine, restriction on competition, rights of the defence








C_2014282EN.01004601.xml










25.8.2014   


EN


Official Journal of the European Union


C 282/46





Action brought on 16 June 2014 — Taihan Electric Wire v Commission
(Case T-446/14)
2014/C 282/60
Language of the case: English

Parties


Applicant: Taihan Electric Wire Co. Ltd (Anyang-Si, Republic of Korea) (represented by: R. Antonini and E. Monard, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Decision C(2014) 2139 of 2 April 2014 relating to a proceeding under Article 101 TFEU and Article 53 EEA in case AT.39610 — Power Cables (the ‘Decision’) insofar as it is addressed to the applicant;










—


In the alternative, reduce the fine imposed on the Applicant, and;










—


Order the Commission to bear the costs of these proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission could not assert jurisdiction over the applicant’s conduct failed to demonstrate that the applicant participated in an infringement that it can sanction under Article 101 of the TFEU, since the object of its alleged anti-competitive behavior did not concern the EEA market and its alleged involvement in the anti-competitive behavior could not have and did not have any effect on trade in the EEA market.










2.


Second plea in law, alleging that the Commission erroneously relied on evidence obtained at the inspections held at certain companies, in view of the illegality of the inspection decisions.










3.


Third plea in law, alleging that the Commission erroneously determined the duration of the alleged infringement with respect to the applicant, thereby violating inter alia the principles of in dubio pro reo and non-discrimination and failing to produce the relevant evidence.










4.


Fourth plea in law, alleging that the different approach taken by the Commission with respect to the applicant and other companies for which similar evidence was available in the file violates the principles of non-discrimination and proportionality vis-à-vis the applicant.










5.


Fifth plea in law, alleging that the Commission’s determination of the fine to be imposed on the applicant violated the principle of non-discrimination, the principle of proportionality as laid down inter alia in Article 5 TEU, as well as Article 49 of the Charter of fundamental rights of the European Union, Article 23(3) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, the Guidelines (including point 18 and point 37 thereof) and the principle of legitimate expectations.
2014/418/EU: Decision of the European Central Bank of 16 June 2014 amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB (ECB/2014/27)
Date: 2014-06-16
Institutions: European Central Bank
Subjects: bank deposit, capital transfer, financial legislation, interest, intra-EU payment




L_2014192EN.01006801.xml










1.7.2014   


EN


Official Journal of the European Union


L 192/68








            DECISION OF THE EUROPEAN CENTRAL BANK
         
of 16 June 2014
         
amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB

(ECB/2014/27)


(2014/418/EU)



THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,


Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 and Articles 17, 22 and 23 thereof,


Having regard to Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1), and in particular Article 8(2) thereof,

Whereas:







(1)


Guideline ECB/2012/27 specified the remuneration on the Payments Module (PM) accounts and their sub-accounts in a way which could have interfered with a Governing Council decision to lower the deposit facility rate to below 0 %.












(2)


As a result, Guideline ECB/2012/27 has been amended by Guideline ECB/2014/25 (2) in order to eliminate such potential interferences.












(3)


Therefore, it is necessary to further amend Decision ECB/2007/7 (3) in order to reflect in TARGET2-ECB the amendments Guideline ECB/2014/25 brings to the remuneration of the PM accounts and their sub-accounts,





HAS ADOPTED THIS DECISION:



Article 1

Amendments to Decision ECB/2007/7

The Annex to Decision ECB/2007/7 is amended as follows:






1.


in Article 1, the following definitions are inserted:






‘—


“deposit facility” means a Eurosystem standing facility which counterparties may use to make overnight deposits with an NCB at a pre-specified deposit rate,










—


“deposit facility rate” means the interest rate applicable to the deposit facility,’;














2.


in Article 10, paragraph 3 is replaced by the following:

‘3.   PM accounts and their sub-accounts shall be remunerated either at 0 % or the deposit facility rate, whichever is lower.’.







Article 2

Entry into force

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




Done at Frankfurt am Main, 16 June 2014.


The President of the ECB

Mario DRAGHI
            





(1)  
            OJ L 30, 30.1.2013, p. 1.

(2)  Guideline ECB/2014/25 of 5 June 2014 amending Guideline ECB/2012/27 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 168, 7.6.2014, p. 120).

(3)  Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (OJ L 237, 8.9.2007, p. 71).
Case C-294/14: Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 16 June 2014  — ADM Hamburg AG v Hauptzollamt Hamburg-Stadt
Date: 2014-06-16
Institutions: Court of Justice
Subjects: carriage of goods, common customs tariff, export (EU), originating product, tanker, vegetable oil








C_2014315EN.01003702.xml










15.9.2014   


EN


Official Journal of the European Union


C 315/37





Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 16 June 2014 — ADM Hamburg AG v Hauptzollamt Hamburg-Stadt
(Case C-294/14)
2014/C 315/60
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: ADM Hamburg AG

Defendant: Hauptzollamt Hamburg-Stadt

Question referred

Is the factual condition laid down in the first sentence of Article 74(1) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 (1) establishing the Community Customs Code, as amended by Commission Regulation (EU) No 1063/2010 of 18 November 2010, (2) whereby the products declared for release for free circulation in the European Union must be the same products as exported from the beneficiary country in which they are considered to originate, fulfilled in a case such as the present case, where several part-consignments of crude palm kernel oil are exported from different GSP exporting countries from those in which they are considered to originate and imported into the European Union not as physically separate consignments, but are all exported after being poured into the same tank of the cargo vessel and imported as a mixture in that tank into the European Union, such that it can be ruled out that other products (not enjoying preferential treatment) have been put into the tank of the cargo vessel during the time the products were being transported until they were released for free circulation?


(1)  OJ 1993 L 253, p. 1.

(2)  OJ 2010 L 307, p. 1.
Council Decision of 16 June 2014 appointing half of the members of the Management Board of the European Food Safety Authority
Date: 2014-06-16
Institutions: Council of the European Union
Subjects: European Food Safety Authority, appointment of members, decision-making body (EU)








C_2014192EN.01000201.xml










21.6.2014   


EN


Official Journal of the European Union


C 192/2





COUNCIL DECISION
of 16 June 2014
appointing half of the members of the Management Board of the European Food Safety Authority
2014/C 192/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (1), and in particular Article 25(1) thereof,
Having regard to the list of candidates submitted to the Council by the European Commission,
Having regard to the views expressed by the European Parliament,
Whereas:






(1)


It is vital to ensure the independence, high scientific quality, transparency and efficiency of the European Food Safety Authority (EFSA). Cooperation with Member States is also indispensable.










(2)


The term of office of seven members of the Management Board of the Authority expires on 30 June 2014.










(3)


The list submitted by the Commission has been examined with a view to appointing seven new members of the Management Board of the Authority on the basis of the documentation provided by the Commission and in the light of the views expressed by the European Parliament. The aim is to secure the highest standard of competence, a broad range of relevant expertise, for instance in management and public administration, and the broadest possible geographical distribution within the Union.










(4)


Article 25 of Regulation (EC) No 178/2002 requires that four of the members of the Management Board of the Authority must have their background in organisations representing consumers and other interests in the food chain. The term of office of three members of the Management Board with such a background expires on 30 June 2014 and those members should therefore be replaced,




HAS ADOPTED THIS DECISION:
Article 1
The following persons are appointed as members of the Management Board of the European Food Safety Authority for the period from 1 July 2014 to 30 June 2018:
Stella CANNA MICHAELIDOU
Iñaki EGUILEOR
Jan MOUSING (2)

Raymond O’ROURKE (3)

András SZÉKÁCS
Robert Van GORCOM
Pieter VANTHEMSCHE (4)

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

Done at Luxembourg, 16 June 2014.


For the Council


The President

G. KARASMANIS




(1)  OJ L 31, 1.2.2002, p. 1.

(2)  Background in organisations representing other interests in the food chain.

(3)  Background in organisations representing consumers.

(4)  Background in organisations representing other interests in the food chain.
Decision of the Bureau of the European Parliament of 16 June 2014 amending the Implementing Measures for the Statute for Members of the European Parliament
Date: 2014-06-16
Institutions: Bureau of the European Parliament, European Parliament
Subjects: European Parliament, Statute for Members of the Parliament, application of EU law, remuneration of work








C_2014200EN.01005601.xml










28.6.2014   


EN


Official Journal of the European Union


C 200/56





DECISION OF THE BUREAU OF THE EUROPEAN PARLIAMENT
of 16 June 2014
amending the Implementing Measures for the Statute for Members of the European Parliament
(2014/C 200/02)
THE BUREAU OF THE EUROPEAN PARLIAMENT,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 223(2) thereof,
Having regard to the Statute for Members of the European Parliament (1),
Having regard to Rules 8 and 23 of the Rules of Procedure of the European Parliament,
Whereas:






(1)


In accordance with Article 69(2) of the Implementing Measures for the Statute for Members of the European Parliament (2) (‘the Implementing Measures’), the maximum monthly amount defrayable in respect of parliamentary assistance is to be index-linked in line with adjustments to the remuneration of officials and other servants of the European Union.










(2)


Regulation (EU) No 423/2014 of the European Parliament and of the Council (3), which entered into force on 1 May 2014, states that the adjustment of remuneration and pensions of officials and other servants of the European Union in respect of 2011 and 2012 is 0 % and 0,8 %, respectively. Furthermore, as part of the political compromise on the reform of the Staff Regulations of Officials of the European Union and of the Conditions of Employment of Other Servants of the Union, it was decided to freeze remuneration and pensions for the years 2013 and 2014,




HAS ADOPTED THIS DECISION:
Article 1
In Article 33 of the Implementing Measures, paragraph 4 is replaced by the following:






‘4.


The maximum monthly amount defrayable in respect of all the personal staff referred to in Article 34 shall be EUR 21 379 with effect from 1 July 2012.’.




Article 2
1.   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
2.   This Decision shall apply from 1 July 2012.


(1)  Decision 2005/684/EC, Euratom of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (OJ L 262, 7.10.2005, p. 1).

(2)  Decision of the Bureau of the European Parliament of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament (OJ C 159, 13.7.2009, p. 1).

(3)  Regulation (EU) No 423/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2012 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (OJ L 129, 30.4.2014, p. 12).
Case T-447/14: Action brought on 16 June 2014 — nkt cables and NKT Holding v Commission
Date: 2014-06-16
Institutions: General Court
Subjects: fine, restriction on competition, rights of the defence








C_2014282EN.01004701.xml










25.8.2014   


EN


Official Journal of the European Union


C 282/47





Action brought on 16 June 2014 — nkt cables and NKT Holding v Commission
(Case T-447/14)
2014/C 282/61
Language of the case: English

Parties


Applicants: nkt cables GmbH (Köln, Germany) and NKT Holding A/S (Brøndby, Denmark) (represented by: M. Kofmann and B. Creve, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:






—


Annul Commission Decision C(2014) 2139 of 2 April 2014 relating to a proceeding under Article 101 TFEU and Article 53 EEA in case AT.39610 — Power Cables (the ‘Decision’);










—


In the alternative, partially annul the Decision and substantially reduce the fine imposed on them;










—


Order the Commission to pay the costs;










—


Take any other measures that it considers appropriate.





Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.






1.


First plea in law, alleging that the Commission has infringed the applicants' rights of defence and the general principle of equality of arms, by refusing to allow them to access potentially exculpatory evidence received by the Commission after the notification of its Statement of Objections.










2.


Second plea in law, alleging that Commission wrongly defined the territorial scope of the single and continuous infringement and erroneously applied the effects criterion.










3.


Third plea in law, alleging that the Decision contained manifest errors of assessment in relation to the conduct in which NKT Cables was found to have been involved, and in relation to the conclusion that such conduct proved NKT Cables' participation in or awareness of all activities constituting the single and continuous infringement.










4.


Fourth plea in law, alleging that the Commission erred in its findings as to the duration of NKT Cables' participation in the single and continuous infringement.










5.


Fifth plea in law, alleging that the level of the fine which was imposed on the Applicants was unjustifiably and disproportionately high.
Case T-443/14: Action brought on 16 June 2014  — Aprovechamientos Energéticos JG v Commission
Date: 2014-06-16
Institutions: General Court
Subjects: Spain, State aid, contract terms, control of State aid, division of powers, equal treatment, hire purchase, infringement of EU law, principle of proportionality, reimbursement of aid, tax system








C_2014253EN.01006101.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/61





Action brought on 16 June 2014 — Aprovechamientos Energéticos JG v Commission
(Case T-443/14)
2014/C 253/83
Language of the case: Spanish

Parties


Applicant: Aprovechamientos Energéticos JG, SL (Madrid, Spain) (represented by: A. López Gómez, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


in the alternative, annul the decision categorising the measures which together constitute the ‘Spanish Tax Lease System’ (‘STLS’) as new State aid that is incompatible with the internal market;










—


in the alternative, annul Articles 1 and 4 of the contested decision, which identify the investors in the Economic Interest Groupings (EIGs) as the only beneficiaries of the alleged aid and, consequently, as solely liable for its recovery;










—


in the alternative, annul Article 4 of the contested decision, in so far as it orders recovery of the alleged aid in breach of general principles of EU law;










—


in the alternative, annul Article 4 of the contested decision, in so far as it makes a determination as to the lawfulness of private contracts between the investors and other entities, in full or in such a way as to limit the bar on passing on the burden of recovery to the profitability of the operations; and










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

The pleas in law and main arguments are those raised in Case T-401/14 Duro Felguera SA v Commission.
2014/370/EU: Council Decision of 16 June 2014 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank Ċentrali ta' Malta/Central Bank of Malta
Date: 2014-06-16
Institutions: Council of the European Union
Subjects: Malta, accountant, audit, auditing, central bank, euro area




L_2014180EN.01001501.xml










20.6.2014   


EN


Official Journal of the European Union


L 180/15








            COUNCIL DECISION
         
of 16 June 2014
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Bank Ċentrali ta' Malta/Central Bank of Malta

(2014/370/EU)



THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol (No 4) on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular to Article 27.1 thereof,


Having regard to Recommendation ECB/2014/20 of the European Central Bank of 17 April 2014 to the Council of the European Union on the external auditors of the Central Bank of Malta (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditors of the Bank Ċentrali ta' Malta/Central Bank of Malta expired after the audit for the financial year 2013. It is therefore necessary to appoint external auditors from the financial year 2014.












(3)


The Bank Ċentrali ta' Malta/Central Bank of Malta has selected PricewaterhouseCoopers as its external auditors for the financial years 2014 to 2018.












(4)


The Governing Council of the ECB has recommended that PricewaterhouseCoopers be appointed as the external auditors of the Bank Ċentrali ta' Malta/Central Bank of Malta for the financial years 2014 to 2018.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Council Decision 1999/70/EC (2) accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 1(15) of Decision 1999/70/EC is replaced by the following:

‘15.   PricewaterhouseCoopers are hereby approved as the external auditors of the Bank Ċentrali ta' Malta/Central Bank of Malta for the financial years 2014 to 2018’.



Article 2
This Decision shall take effect on the day of its notification.


Article 3
This Decision is addressed to the European Central Bank.




Done at Luxembourg, 16 June 2014.


For the Council


The President

G. KARASMANIS
            





(1)  
            OJ C 122, 25.4.2014, p. 1.

(2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).