do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7281 — Lur Berri/PAI Partners/Labeyrie Fine Foods)  Text with EEA relevance
Date: 2014-06-18
Institutions: European Commission
Subjects: agricultural production, economic concentration, food industry, hand tool, horticulture, investment company, merger control








C_2014186EN.01001301.xml










18.6.2014   


EN


Official Journal of the European Union


C 186/13





Prior notification of a concentration
(Case M.7281 — Lur Berri/PAI Partners/Labeyrie Fine Foods)
(Text with EEA relevance)
2014/C 186/11






1.


On 10 June 2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Lui Berri (France) and PAI Partners (France, hereinafter ‘PAI’) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Labeyrie Fine Foods (France, hereinafter ‘Labeyrie’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Lur Berri: rearing and meat processing (in particular mulard duck) agricultural production, distribution of ‘do-it-yourself’ and garden products;
—   PAI: investment company;
—   Labeyrie: production and distribution of food products (e.g. foie gras, salmon, blinis, frozen desserts).










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.










4.


The Commission invites interested third parties to submit to it their observations on the proposed operation.
Observations must reach the Commission not later than ten days following the date on which this notification is published. They can be sent to the Commission under reference number M.7281 — Lur Berri/PAI Partners/Labeyrie Fine Foods by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post 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’).
Case T-457/14 P: Appeal brought on 18 June 2014 by Thierry Rouffaud against the judgment of the Civil Service Tribunal of 9 April 2014 in Case F-59/13, Rouffaud v EEAS
Date: 2014-06-18
Institutions: General Court
Subjects: proof, rights of the defence, servant (EU), temporary employment, work contract








C_2014261EN.01004401.xml










11.8.2014   


EN


Official Journal of the European Union


C 261/44





Appeal brought on 18 June 2014 by Thierry Rouffaud against the judgment of the Civil Service Tribunal of 9 April 2014 in Case F-59/13, Rouffaud v EEAS

(Case T-457/14 P)
2014/C 261/70
Language of the case: French

Parties


Appellant: Thierry Rouffaud (Brussels, Belgium) (represented by M. de Abreu Caldas, D. de Abreu Caldas and J.-N. Louis, lawyers)

Other party to the proceedings: European External Action Service (EEAS)

Form of order sought by the appellant







—


Set aside the judgment of the European Union Civil Service Tribunal (Third Chamber) of 9 April 2014 in Case F-59/13 Rouffaud v European External Action Service;










—


Order the EEAS to pay the costs.





Pleas in law and main arguments

In support of the appeal, the appellant relies on three grounds of appeal.






1.


First ground of appeal, alleging infringement of the rights of the defence, in so far as the Civil Service Tribunal (CST) failed to draw the attention of the parties to the question of the admissibility of the application until just before the final act of long proceedings, making it impossible for the applicant to prepare adequate arguments.










2.


Second ground of appeal, alleging an error of law as regards the application of the rule on consistency, in so far as the subject-matter and the cause are perfectly identical as between the claim and the action for annulment.










3.


Third ground of appeal, alleging a distortion of the evidence and of the facts, in so far as the CST included in its judgment only a limited part of the applicant’s pleadings, which does not reflect the true situation after the closure of the written procedure.
Case F-56/14: Action brought on 18 June 2014  — ZZ v Commission
Date: 2014-06-18
Institutions: Civil Service Tribunal
Subjects: European civil service, transfer of pension rights








C_2014253EN.01007002.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/70





Action brought on 18 June 2014 — ZZ v Commission
(Case F-56/14)
2014/C 253/99
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

The annulment of the two proposed calculations of the transfer of the applicant’s pension rights into the European Union pension scheme which apply the new GIPs on Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought







—


Annul the decisions of 20 September 2013 making two proposed calculations of annuities to be taken into account in the pension scheme of the institutions of the European Union concerning application No 1 A112-BE-ONP and application No 2 BE-CPIE-1 (former reference), confirmed by the rejection decision of the Appointing Authority sent on 20 March 2014;










—


Order the Commission to pay the costs.
Case C-442/13: Order of the President of the Third Chamber of the Court of 18 June 2014 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Sarah Nagy v Marcel Nagy
Date: 2014-06-18
Institutions: Court of Justice
Subjects: Austria, maintenance obligation








C_2014315EN.01004602.xml










15.9.2014   


EN


Official Journal of the European Union


C 315/46





Order of the President of the Third Chamber of the Court of 18 June 2014 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Sarah Nagy v Marcel Nagy
(Case C-442/13) (1)

2014/C 315/77
Language of the case: German
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 325, 9.11.2013.
Notice concerning a request pursuant to Article 34 of Directive 2014/25/EU — Request made by a Member State
Date: 2014-06-18
Institutions: European Commission
Subjects: Poland, electrical energy, public contract, wholesale selling








C_2014186EN.01001401.xml










18.6.2014   


EN


Official Journal of the European Union


C 186/14





Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
Request made by a Member State
2014/C 186/12
On 15 May 2014, the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (1). The first working day following receipt of the request is 16 May 2014.
This request, made by the Republic of Poland, concerns the production and wholesale of electricity in that country. Article 34(1) of Directive 2014/25/EU provides that the later Directive is not applicable when the relevant activity is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2014/25/EU and are without prejudice to the application of competition rules.
Pursuant to letter (a) of first paragraph of point 1 of Annex IV to Directive 2014/25/EU, the Commission is allowed a period of 90 working days to take a decision on this request, commencing on the working day referred to above. The period therefore expires on 25 September 2014.


(1)  OJ L 94, 28.3.2014, p. 243.
Commission Implementing Regulation (EU) No 672/2014 of 18 June 2014 on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2014-06-18
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2014179EN.01007001.xml










19.6.2014   


EN


Official Journal of the European Union


L 179/70








            COMMISSION IMPLEMENTING REGULATION (EU) No 672/2014
of 18 June 2014
         
on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 188 thereof,


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of June 2014 for the subperiod from 1 July to 30 September 2014 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 July to 30 September 2014 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 June 2014.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2014.


For the Commission,


On behalf of the President,
Jerzy PLEWA
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2014-30.9.2014
(%)




1


09.4410


0,231268




2


09.4411


0,233646




3


09.4412


0,245581




4


09.4420


0,269544




6


09.4422


0,270493
Case T-460/14: Action brought on 18 June 2014 — AETMD v Council
Date: 2014-06-18
Institutions: General Court
Subjects: Thailand, anti-dumping duty, export price, import (EU), maize, originating product








C_2014303EN.01004301.xml










8.9.2014   


EN


Official Journal of the European Union


C 303/43





Action brought on 18 June 2014 — AETMD v Council
(Case T-460/14)
2014/C 303/51
Language of the case: English

Parties


Applicant: Association européenne des transformateurs de maïs doux (AETMD) (Paris, France) (represented by: A. Willems, S. De Knop and J. Charles, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul Council Implementing Regulation (EU) No 307/2014 amending Implementing Regulation (EU) No 875/2013 imposing a definitive anti-dumping duty on imports of certain prepared or preserved sweetcorn in kernels originating in Thailand following an interim review pursuant of Article 11(3) of Regulation (EC) No 1225/2009;










—


order the Council to correct Implementing Regulation (EU) No 875/2013 in view of the annulment of Council Implementing Regulation (EU) No 307/2004;










—


order the Council to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the institutions committed a manifest error of assessment and infringed Article 2(3) and (4) of Council Regulation No 1225/2009 (1) by failing to properly assess whether River Kwai International Food Industry’s domestic sales were made in the ordinary course of trade and whether the domestic sales should therefore serve as a basis to calculate River Kwai International Food Industry’s normal value.










2.


Second plea in law, alleging that the institutions infringed Article 2(10) of Council Regulation No 1225/2009 by failing to make a fair comparison between River Kwai International Food Industry’s export price and normal value.










3.


Third plea in law, alleging that the institutions infringed Article 11(3) of Council Regulation No 1225/2009 by failing to properly assess the alleged change in River Kwai International Food Industry’s dumping margin and by failing to properly assess the lasting nature of any such alleged change.










4.


Fourth plea in law, alleging that the institutions infringed Article 19(2) and Article 20(2) of Council Regulation No 1225/2009 by failing to provide the applicant with a meaningful summary of the evidence on which they intended to amend River Kwai International Food Industry’s dumping margin and by failing to provide the applicant with the considerations on the basis of which they intended to amend River Kwai International Food Industry’s anti-dumping duty.






(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 M.6968 — Lufthansa/ CAE/ JV)  Text with EEA relevance
Date: 2014-06-18
Institutions: European Commission
Subjects: air transport, crew, economic concentration, merger control, simulation, transport company, vocational training








C_2014186EN.01000301.xml










18.6.2014   


EN


Official Journal of the European Union


C 186/3





Non-opposition to a notified concentration
(Case M.6968 — Lufthansa/ CAE/ JV)
(Text with EEA relevance)
2014/C 186/02
On 11 June 2014, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language 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/homepage.html?locale=en) under document number 32014M6968. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Commission Regulation (EU) No 675/2014 of 18 June 2014 establishing a prohibition of fishing for sandeel in Union waters of sandeel management area 2 by vessels flying the flag of Denmark
Date: 2014-06-18
Institutions: European Commission
Subjects: Denmark, EU waters, North Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2014180EN.01000301.xml










20.6.2014   


EN


Official Journal of the European Union


L 180/3








            COMMISSION REGULATION (EU) No 675/2014
of 18 June 2014
         
establishing a prohibition of fishing for sandeel in Union waters of sandeel management area 2 by vessels flying the flag of Denmark


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 43/2014 (2), lays down quotas for 2014.












(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 2014.












(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 2014 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, 18 June 2014.


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)  Council Regulation (EU) No 43/2014 of 20 January 2014 fixing for 2014 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, to Union vessels, in certain non-Union waters (OJ L 24, 28.1.2014, p. 1).




ANNEX






No


06/TQ43




Member State


Denmark




Stock


SAN/234_2




Species


Sandeel (Ammodytes spp.)




Zone


Union waters of sandeel management area 2




Closing date


22.5.2014
Case T-260/11: Judgment of the General Court of 18 June 2014  — Spain v Commission (Fisheries — Conservation of fishery resources — Spain exceeding mackerel fishing quotas in zones VIIIc, IX and X in EU waters of CECAF 34.1.1 for 2010 — Deductions from fishing quotas for 2011 to 2015 — Rights of the defense — Legal certainty — Legitimate expectations — Equal treatment)
Date: 2014-06-18
Institutions: General Court
Subjects: Atlantic Ocean, EU waters, Spain, catch quota, conservation of fish stocks, equal treatment, principle of legal certainty, rights of the defence, sea fish








C_2014253EN.01002402.xml










4.8.2014   


EN


Official Journal of the European Union


C 253/24





Judgment of the General Court of 18 June 2014 — Spain v Commission
(Case T-260/11) (1)

((Fisheries - Conservation of fishery resources - Spain exceeding mackerel fishing quotas in zones VIIIc, IX and X in EU waters of CECAF 34.1.1 for 2010 - Deductions from fishing quotas for 2011 to 2015 - Rights of the defense - Legal certainty - Legitimate expectations - Equal treatment))
2014/C 253/34
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: initially N. Díaz Abad and L. Banciella Rodríguez-Miñón, then M. Sampoll Pucurull and Banciella Rodríguez-Miñón, abogados del Estado)

Defendant: European Commission (represented by: A. Bouquet, F. Jimeno Fernández and D. Nardi, Agents)

Re:

Annulment of Commission Regulation (EU) No 165/2011 of 22 February 2011 providing for deductions from certain mackerel quotas allocated to Spain in 2011 and subsequent years on account of overfishing in 2010 (OJ 2011 L 48, p. 11).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Kingdom of Spain to bear its own costs and to pay those of the European Commission.






(1)  OJ C 211, 16.7.2011.
Commission Implementing Regulation (EU) No 671/2014 of 18 June 2014 on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2014-06-18
Institutions: European Commission
Subjects: import (EU), import licence, poultry, poultrymeat, tariff quota








L_2014179EN.01006801.xml










19.6.2014   


EN


Official Journal of the European Union


L 179/68








            COMMISSION IMPLEMENTING REGULATION (EU) No 671/2014
of 18 June 2014
         
on the issue of import licences for applications lodged during the first seven days of June 2014 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1) and in particular Article 188 thereof,


Having regard to Commission Regulation (EC) No 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of June 2014 for the subperiod from 1 July to 30 September 2014 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 July to 30 September 2014 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 June 2014.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 June 2014.


For the Commission,


On behalf of the President,

Jerzy PLEWA
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 347, 20.12.2013, p. 671.

(2)  
            OJ L 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.7.2014-30.9.2014
(%)




P1


09.4067


1,988088




P3


09.4069


0,296969