do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 17 October 2014 in Case E-28/13 — LBI hf. v Merrill Lynch International Ltd (Article 30(1) of Directive 2001/24/EC — Winding up of credit institutions — Applicable law — Voidness, voidability or unenforceability of legal acts — Acts governed by the law of another EEA State)
Date: 2014-10-17
Institutions: EFTA Court
Subjects: EU law - national law, Iceland, bankruptcy, credit institution, financial intervention, judicial proceedings








C_2015150EN.01001001.xml










7.5.2015   


EN


Official Journal of the European Union


C 150/10





JUDGMENT OF THE COURT
of 17 October 2014
in Case E-28/13
LBI hf. v Merrill Lynch International Ltd
(Article 30(1) of Directive 2001/24/EC — Winding up of credit institutions — Applicable law — Voidness, voidability or unenforceability of legal acts — Acts governed by the law of another EEA State)
(2015/C 150/10)
In Case E-28/13, LBI hf. v Merrill Lynch International Ltd – REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice from Reykjavík District Court (Héraðsdómur Reykjavíkur) concerning the interpretation of Article 30(1) of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding up of credit institutions, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 17 October 2014, the operative part of which is as follows:






1.


The expression ‘voidness, voidability or unenforceability of legal acts’ in Article 30(1) of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding up of credit institutions also refers to rescission in bankruptcy law on the basis of avoidance rules, such as those included in Chapter XX of the Icelandic Bankruptcy Act No 21/1991.










2.


Under the second indent of Article 30(1) of Directive 2001/24/EC the beneficiary must prove that, whether for substantive or procedural reasons, under the law governing the act detrimental to the creditors as a whole, there is no possibility, or no longer a possibility, to challenge the act in question.
A concrete assessment of the specific act in question must be undertaken. Consequently, even if the act can in principle be challenged under the law of the EEA State governing it, it is sufficient that the beneficiary proves that the requirements for such a challenge are not fulfilled in the case at hand.
It must be assessed according to the rules of the home EEA State whether or not the beneficiary has proved that the law applicable to the act does not allow any means of challenge.
Information communicated by Member States regarding closure of fisheries
Date: 2014-10-17
Institutions: European Commission
Subjects: Denmark, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014368EN.01001302.xml










17.10.2014   


EN


Official Journal of the European Union


C 368/13





Information communicated by Member States regarding closure of fisheries
2014/C 368/06
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


21.9.2014




Duration


21.9.2014–31.12.2014




Member State


Denmark




Stock or Group of stocks


SRX/2AC4-C




Species


Skates and rays (Rajiformes)




Zone


Union waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


55/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-208/14: Order of the President of the Court of 17 October 2014 (request for a preliminary ruling from the Audiencia Provincial de Navarra, Sección Tercera — Spain) — Antonia Valdivia Reche v Banco de Valencia SA
Date: 2014-10-17
Institutions: Court of Justice
Subjects: consumer protection, interest, unfair terms of contract








C_2015016EN.01002402.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/24






Order of the President of the Court of 17 October 2014 (request for a preliminary ruling from the Audiencia Provincial de Navarra, Sección Tercera — Spain) — Antonia Valdivia Reche v Banco de Valencia SA
(Case C-208/14) (1)

(2015/C 016/38)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 223, 14.7.2014.
Case C-188/14: Order of the President of the Court of 17 October 2014 (request for a preliminary ruling from the Juzgado de Primera Instancia No 58 de Madrid — Spain) — Juan Pedro Ludeña Hormigos v Banco de Santander SA
Date: 2014-10-17
Institutions: Court of Justice
Subjects: application of EU law, bank, consumer protection, contract terms, payment, provision of services








C_2015016EN.01002304.xml










19.1.2015   


EN


Official Journal of the European Union


C 16/23






Order of the President of the Court of 17 October 2014 (request for a preliminary ruling from the Juzgado de Primera Instancia No 58 de Madrid — Spain) — Juan Pedro Ludeña Hormigos v Banco de Santander SA
(Case C-188/14) (1)

(2015/C 016/36)
Language of the case: Spanish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 223, 14.7.2014.
Information communicated by Member States regarding closure of fisheries
Date: 2014-10-17
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014368EN.01001301.xml










17.10.2014   


EN


Official Journal of the European Union


C 368/13





Information communicated by Member States regarding closure of fisheries
2014/C 368/05
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


13.9.2014




Duration


13.9.2014–31.12.2014




Member State


Belgium




Stock or Group of stocks


ANF/8ABDE.




Species


Anglerfish (Lophiidae)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Type(s) of fishing vessels


—




Reference number


49/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-112/14: Action brought on 17 October 2014  — ZZ and Others v Commission
Date: 2014-10-17
Institutions: Civil Service Tribunal
Subjects: candidate, legality, promotion, regulations for civil servants








C_2015026EN.01004701.xml










26.1.2015   


EN


Official Journal of the European Union


C 26/47





Action brought on 17 October 2014 — ZZ and Others v Commission
(Case F-112/14)
(2015/C 026/62)
Language of the case: French

Parties


Applicants: ZZ and Others (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decisions of the appointing authority to classify the applicants, in accordance with the new rules on career and promotion applicable after the reform of the Staff Regulations of 1 January 2014, in the type of post ‘Senior Administrator in transition’, depriving them, in their opinion, of the opportunity of promotion to grade AD 14, and a declaration that Article 30(3) of Annex XIII to the Staff Regulations is unlawful.

Form of order sought

The applicants claim that the Tribunal should:






—


annul the decisions classifying the applicants in the type of post ‘Senior Administrator in transition’;










—


declare that Article 30(3) of Annex XIII to the Staff Regulations is unlawful;










—


order the European Commission to pay the costs.