do-me/EUR-LEX huggingface dataset:
Case T-808/14: Action brought on 12 December 2014  — Spain v Commission
Date: 2014-12-12
Institutions: General Court
Subjects: Castile-La Mancha, Spain, State aid, control of State aid, equal treatment, high-definition television, less-favoured region, principle of legal certainty, principle of proportionality, principle of subsidiarity








C_2015034EN.01004501.xml










2.2.2015   


EN


Official Journal of the European Union


C 34/45





Action brought on 12 December 2014 — Spain v Commission
(Case T-808/14)
(2015/C 034/54)
Language of the case: Spanish

Parties


Applicant: the Kingdom of Spain (represented by: A. Rubio González, Abogado del Estado)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision, and










—


order the Commission to pay the costs.





Pleas in law and main arguments

This action is brought against the Decision of the European Commission of 1 October 2014 on State aid SA 27408 (C 24/2010) NN 37/2010 EX, EX CP 19/2009) granted by the authorities of Castilla La Mancha for the deployment of digital terrestrial television in remote and less developed areas of Castilla La Mancha.
In support of the action, the applicant relies on four pleas in law:






1.


By its first plea in law, the applicant alleges infringement of Article 107(1) TFEU as a result of the lack of an economic advantage for undertakings engaged in an economic activity, lack of selectivity of the measure and lack of distortion of competition.










2.


By its second plea in law, the applicant alleges infringement of Articles 106(2) and 107(3)(c) TFEU as a result of the lack of evidence to show that the principle of technological neutrality has been infringed.










3.


By its third plea in law, the applicant alleges breach of the State aid procedure as a result of the irregularities which occurred during the preparatory investigation.










4.


By its fourth plea in law, raised in the alternative, the applicant alleges infringement of the principles of legal certainty, equality, proportionality and subsidiarity in conjunction with Article 14 of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty.
Decision of the EEA Joint Committee No 266/2014 of 12 December 2014 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2133]
Date: 2014-12-12
Institutions: EEA Joint Committee
Subjects: EU control, European Economic Area, chemical product, market approval, marketing standard, mutual recognition principle, revision of an agreement




L_2015311EN.01001601.xml










26.11.2015   


EN


Official Journal of the European Union


L 311/16








            DECISION OF THE EEA JOINT COMMITTEE
         
No 266/2014
of 12 December 2014
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2133]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Delegated Regulation (EU) No 492/2014 of 7 March 2014 supplementing Regulation (EU) No 528/2012 of the European Parliament and of the Council as regards the rules for the renewal of authorisations of biocidal products subject to mutual recognition (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point is inserted after point 12nz (Commission Implementing Regulation (EU) No 438/2014) of Chapter XV of Annex II to the EEA Agreement:






‘12nna.



32014 R 0492: Commission Delegated Regulation (EU) No 492/2014 of 7 March 2014 supplementing Regulation (EU) No 528/2012 of the European Parliament and of the Council as regards the rules for the renewal of authorisations of biocidal products subject to mutual recognition (OJ L 139, 14.5.2014, p. 1).’






Article 2
The text of Delegated Regulation (EU) No 492/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 13 December 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 12 December 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 139, 14.5.2014, p. 1.

(*1)  No constitutional requirements indicated.
Case T-810/14: Action brought on 12 December 2014  — Portugal v Commission
Date: 2014-12-12
Institutions: General Court
Subjects: division of powers, enforcement of ruling, infringement of EU law, jurisdiction, principle of legal certainty








C_2015065EN.01004001.xml










23.2.2015   


EN


Official Journal of the European Union


C 65/40





Action brought on 12 December 2014 — Portugal v Commission
(Case T-810/14)
(2015/C 065/55)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, J. Arsénio de Oliveira and S. Nunes de Almeida, Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Declare invalid the notice of assessment submitted by the General Secretariat of the European Commission by letter 2014D/14507 of 6 October 2014.










—


Order the European Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging appropriation of the powers of the European Union jurisdictional area by the Commission, thereby constituting a lack of competence.










2.


Second plea in law, alleging infringement of the Treaties or of any rule of law relating to their application, as the act is based on an artificial division of the effects of the judgment of the Court of Justice in Case C-292/1.










3.


Third plea in law, alleging breach of res judicata, as the act was carried out in breach of the Treaties or of any rule of law relating to their application.










4.


Fourth plea in law, alleging breach of the principles of legal certainty, the stability of legal relations and legitimate expectations, recognised by EU law.










5.


Fifth plea in law, alleging breach of the principle of the prohibition against double penalties, which precludes obtaining, through a new individual legal act, what could not be obtained previously by means of annulment judgments.










6.


Sixth plea in law, alleging infringement of the division of powers between the Commission and the Member States, constituting a lack of competence, in that the Commission tried to restrict the right of Member States to determine a reasonable period for a provision to come into effect.
Case T-532/14: Order of the General Court of 12 December 2014  — Alsharghawi v Council (Action for annulment — Common Foreign and Security Policy — Restrictive measures taken in view of the situation in Libya — Freezing of funds and economic resources — Action for annulment — Period allowed for commencing proceedings — Inadmissibility)
Date: 2014-12-12
Institutions: General Court
Subjects: Libya, common foreign and security policy, economic sanctions, international sanctions








C_2015056EN.01002302.xml










16.2.2015   


EN


Official Journal of the European Union


C 56/23





Order of the General Court of 12 December 2014 — Alsharghawi v Council
(Case T-532/14) (1)

((Action for annulment - Common Foreign and Security Policy - Restrictive measures taken in view of the situation in Libya - Freezing of funds and economic resources - Action for annulment - Period allowed for commencing proceedings - Inadmissibility))
(2015/C 056/33)
Language of the case: French

Parties


Applicant: Bashir Saleh Bashir Alsharghawi (Johannesburg, South Africa) (represented by: E. Moutet, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and V. Piessevaux, acting as Agents)

Re:

APPLICATION for annulment, first, of Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (OJ 2011 L 58, p. 53), and, secondly, Council Decision 2011/178/CFSP of 23 March 2011 amending Decision 2011/137 (OJ 2011 L 78, p. 24), in so far as they apply to the applicant.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Mr Bashir Saleh Bashir Alsharghawi is ordered to pay the costs.






(1)  OJ C 303, 8.9.2014.
Decision of the EEA Joint Committee No 276/2014 of 12 December 2014 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2143]
Date: 2014-12-12
Institutions: EEA Joint Committee
Subjects: European Economic Area, carcinogenic substance, market approval, product safety, revision of an agreement, safety standard, toxic substance, toy industry




L_2015311EN.01002901.xml










26.11.2015   


EN


Official Journal of the European Union


L 311/29








            DECISION OF THE EEA JOINT COMMITTEE
         
No 276/2014
of 12 December 2014
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2143]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive 2014/79/EU of 20 June 2014 amending Appendix C of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards TCEP, TCPP and TDCP (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 1a (Directive 2009/48/EC of the European Parliament and of the Council) of Chapter XXIII of Annex II to the EEA Agreement:






‘—



32014 L 0079: Commission Directive 2014/79/EU of 20 June 2014 (OJ L 182, 21.6.2014, p. 49).’






Article 2
The texts of Directive 2014/79/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 13 December 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 12 December 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 182, 21.6.2014, p. 49.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 296/2014 of 12 December 2014 amending Annex XX (Environment) to the EEA Agreement [2015/2163]
Date: 2014-12-12
Institutions: EEA Joint Committee
Subjects: European Economic Area, OECD, export monitoring, export of waste, revision of an agreement, third country, waste disposal, waste recycling




L_2015311EN.01005101.xml










26.11.2015   


EN


Official Journal of the European Union


L 311/51








            DECISION OF THE EEA JOINT COMMITTEE
         
No 296/2014
of 12 December 2014
         
amending Annex XX (Environment) to the EEA Agreement [2015/2163]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 733/2014 of 24 June 2014 amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste to certain non-OECD countries (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 32cb (Commission Regulation (EC) No 1418/2007) of Annex XX to the EEA Agreement:






‘—



32014 R 0733: Commission Regulation (EU) No 733/2014 of 24 June 2014 (OJ L 197, 4.7.2014, p. 10).’






Article 2
The texts of Regulation (EU) No 733/2014 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 13 December 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 12 December 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 197, 4.7.2014, p. 10.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 278/2014 of 12 December 2014 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2145]
Date: 2014-12-12
Institutions: EEA Joint Committee
Subjects: European Economic Area, market approval, nickel, product safety, revision of an agreement, safety standard, toy industry




L_2015311EN.01003101.xml










26.11.2015   


EN


Official Journal of the European Union


L 311/31








            DECISION OF THE EEA JOINT COMMITTEE
         
No 278/2014
of 12 December 2014
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2015/2145]


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive 2014/84/EU of 30 June 2014 amending Appendix A of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards nickel (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent is added in point 1a (Directive 2009/48/EC of the European Parliament and of the Council) of Chapter XXIII of Annex II to the EEA Agreement:






‘—



32014 L 0084: Commission Directive 2014/84/EU of 30 June 2014 (OJ L 192, 1.7.2014, p. 49).’






Article 2
The text of Directive 2014/84/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 13 December 2014, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 12 December 2014.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 192, 1.7.2014, p. 49.

(*1)  No constitutional requirements indicated.
Prior notification of a concentration (Case M.7467 — Mitsubishi Heavy Industries/Mitsubishi Corporation/MHI Compressor International) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-12-12
Institutions: European Commission
Subjects: North America, distribution business, economic concentration, machine-tool industry, merger control








C_2014444EN.01002401.xml










12.12.2014   


EN


Official Journal of the European Union


C 444/24





Prior notification of a concentration
(Case M.7467 — Mitsubishi Heavy Industries/Mitsubishi Corporation/MHI Compressor International)
Candidate case for simplified procedure
(Text with EEA relevance)
(2014/C 444/08)






1.


On 4 December 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mitsubishi Heavy Industries Ltd (‘MHI’, Japan) and Mitsubishi Corporation (‘MC’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over MHI Compressor International Corporation (‘MCO-I’, USA).










2.


The business activities of the undertakings concerned are:
—   for MHI: international supplier of heavy industrial machinery, active in the business of shipbuilding and ocean development, power systems, nuclear energy systems, compressors and compressor trains, turbines, machinery and steel,
—   for MC: involved in global trading activities including complex project management, strategic finance and investment, marketing, distribution and procurement services,
—   For MCO-I: active in North American in the sales and marketing of compressors and compressor trains and related after-sales services.










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 M.7467 — Mitsubishi Heavy Industries/Mitsubishi Corporation/MHI Compressor International 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.
Case T-822/14: Action brought on 12 December 2014  — Geilenkothen Fabrik für Schutzkleidung v OHIM (Cottonfeel)
Date: 2014-12-12
Institutions: General Court
Subjects: EU trade mark, protective equipment, registered trade mark, trade-mark law








C_2015046EN.01006101.xml










9.2.2015   


EN


Official Journal of the European Union


C 46/61





Action brought on 12 December 2014 — Geilenkothen Fabrik für Schutzkleidung v OHIM (Cottonfeel)
(Case T-822/14)
(2015/C 046/79)
Language of the case: German

Parties


Applicant: Geilenkothen Fabrik für Schutzkleidung GmbH (Gerolstein-Müllenborn, Germany) (represented by: M. Straub, lawyer)

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

Details of the proceedings before OHIM


Trade mark at issue: Community word mark ‘Cottonfeel’ — Application No 1 1 9 35  236

Contested decision: Decision of the First Board of Appeal of OHIM of 2 October 2014 in Case R 2579/2013-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order OHIM to pay the costs, including the costs incurred in the course of the appeal proceedings.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation No 207/2009;










—


Infringement of Article 7(1)(b) of Regulation No 207/2009.
Annual update of the correction coefficients applicable from 1 July 2014 to the remuneration and pensions of officials and other servants of the European Union
Date: 2014-12-12
Institutions: European Commission
Subjects: European official, remuneration of work, servant (EU), social-security benefit, third country, wage determination








C_2014444EN.01001001.xml










12.12.2014   


EN


Official Journal of the European Union


C 444/10





Annual update of the correction coefficients applicable from 1 July 2014 to the remuneration and pensions of officials and other servants of the European Union (1)

(2014/C 444/04)








Country/Place


Remuneration


Transfer (2)



Pension




1.7.2014


 


1.7.2014




Bulgaria


55,1


56,0


100,0




Czech Republic


75,0


70,5


100,0




Denmark


133,0


131,3


131,3




Germany


97,2


96,4


100,0




Bonn


94,6


 


 




Karlsruhe


95,0


 


 




Munich


107,7


 


 




Estonia


78,6


80,1


100,0




Ireland


115,9


106,3


106,3




Greece


86,8


84,7


100,0




Spain


94,5


90,2


100,0




France


116,8


107,1


107,1




Croatia


77,6


72,2


100,0




Italy


100,4


94,5


100,0




Varese


93,1


 


 




Cyprus


81,2


85,8


100,0




Latvia


76,5


74,8


100,0




Lithuania


71,4


71,1


100,0




Hungary


71,4


64,0


100,0




Malta


83,4


84,2


100,0




Netherlands


107,8


104,7


104,7




Austria


107,2


104,4


104,4




Poland


74,1


67,6


100,0




Portugal


82,2


85,2


100,0




Romania


69,5


63,8


100,0




Slovenia


84,7


81,4


100,0




Slovakia


79,0


73,1


100,0




Finland


123,0


114,5


114,5




Sweden


127,5


115,9


115,9




United Kingdom


150,7


120,7


120,7




Culham


116,7


 


 






(1)  Eurostat report of 30 October 2014 on the 2014 annual adjustment of remuneration and pensions of EU officials in accordance with Articles 64 and 65 and Annex XI of the Staff Regulations applicable to officials and other servants of the European Union adjusting with effect from 1 July 2014 the correction coefficients applied to the remuneration of active staff serving in Intra-EU and Extra-EU duty stations, to the pensions of retired staff, and for pension transfers.
Further information on the methodology is available on the Eurostat website (‘Statistics Database’ > ‘Economy and finance’ > ‘Prices’ > ‘Correction coefficients’).

(2)  The correction coefficients for transfers take effect on the date of the update.
Council Decision of 12 December 2014 adopting the Council's position on draft amending budget No 7 of the European Union for the financial year 2014
Date: 2014-12-12
Institutions: Council of the European Union
Subjects: amending budget, budgetary expenditure, budgetary resources, draft budget (EU)








C_2014461EN.01001901.xml










20.12.2014   


EN


Official Journal of the European Union


C 461/19





COUNCIL DECISION
of 12 December 2014
adopting the Council's position on draft amending budget No 7 of the European Union for the financial year 2014
(2014/C 461/11)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
Having regard to Regulation (EC, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
Whereas:






—


the Union's budget for the financial year 2014 was definitively adopted on 20 November 2013 (2),










—


on 17 October 2014, the Commission submitted a proposal containing draft amending budget No 7 to the general budget for the financial year 2014,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 7 of the European Union for the financial year 2014 was adopted on 12 December 2014.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 12 December 2014.


For the Council


The President

S. GIANNINI




(1)  OJ L 298, 26.10.2012, p. 1.

(2)  OJ L 51, 20.2.2014, p. 1, with corrigenda in OJ L 111, 15.4.2014, p. 96, OJ L 124, 25.4.2014, p. 30 and OJ L 322, 7.11.2014, p. 1.