do-me/EUR-LEX huggingface dataset:
Council Decision (CFSP) 2015/1925 of 26 October 2015 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: Moldova, economic sanctions, international sanctions, political figure, removal




L_2015281EN.01001201.xml










27.10.2015   


EN


Official Journal of the European Union


L 281/12








            COUNCIL DECISION (CFSP) 2015/1925
of 26 October 2015
         
amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).












(2)


On the basis of a review of Decision 2010/573/CFSP, the restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova should be extended until 31 October 2016. The Council will carry out a review of the situation with regard to the restrictive measures after six months.












(3)


Decision 2010/573/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 4(2) of Decision 2010/573/CFSP is hereby replaced by the following:

‘2.   This Decision shall apply until 31 October 2016. 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 day following that of its publication in the Official Journal of the European Union.




Done at Luxembourg, 26 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (OJ L 253, 28.9.2010, p. 54).
Case T-610/15: Action brought on 26 October 2015 — British Aggregates v Commission
Date: 2015-10-26
Institutions: General Court
Subjects: Northern Ireland, State aid, United Kingdom, aid to undertakings, control of State aid, equal treatment, raw material, tax exemption








C_2016027EN.01006401.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/64





Action brought on 26 October 2015 — British Aggregates v Commission
(Case T-610/15)
(2016/C 027/82)
Language of the case: English

Parties


Applicant: British Aggregates Association (Lanark, United Kingdom) (represented by: L. Van den Hende, lawyer, and A. White, Solicitor)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


order the annulment pursuant to Article 263 TFEU of the Commission’s decision of 27 March 2015 C(2015) 2141 final in Case SA.34775 (2013/C) (ex 2012/NN) — Aggregates Levy; and










—


order that the Commission pay the applicant's costs in these proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the Commission has made errors of assessment in deciding that eight exemptions from the aggregates levy (‘AGL’) under the Finance Act 2001 do not result in selectivity and thereby do not constitute State aid under Article 107(1) TFEU and in determining the normal taxation principle and objective of the AGL for the purposes of applying the selectivity criterion.










2.


Second plea in law, alleging that the Commission has failed to make a genuinely diligent and impartial examination as to whether the eight exemptions in question result in selectivity and thereby constitute State aid under Article 107(1) TFEU.










3.


Third plea in law, alleging that the Commission has failed to state reasons for the contested decision as required by Article 296 TFEU because the application made by the Commission of the normal taxation principle and objective of the AGL in explaining why the eight exemptions in question do not result in selectivity is contradictory on the face of the contested decision.
Council Decision (EU) 2015/2036 of 26 October 2015 appointing four Italian alternate members of the Committee of the Regions
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2015298EN.01002201.xml










14.11.2015   


EN


Official Journal of the European Union


L 298/22








            COUNCIL DECISION (EU) 2015/2036
of 26 October 2015
         
appointing four Italian alternate members of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Italian Government,

Whereas:







(1)


On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


Four alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Ms Bianca Maria D'ANGELO, Ms Paola GIORGI, Ms Carmen MURATORE and Mr Nicola VENDOLA,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Sig.ra Manuela BORA, Consigliere regionale e Assessore della Regione Marche,










—


Sig.ra Ilaria CAVO, Consigliere regionale e Assessore della Regione Liguria,










—


Sig. Vincenzo DE LUCA, Presidente della Regione Campania,










—


Sig. Michele EMILIANO, Presidente della Regione Puglia.






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




Done at Luxembourg, 26 October 2015.


For the Council


The President

C. DIESCHBOURG
            





(1)  
            OJ L 20, 27.1.2015, p. 42.

(2)  
            OJ L 31, 7.2.2015, p. 25.

(3)  
            OJ L 159, 25.6.2015, p. 70.
Case C-553/15: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 26 October 2015 — Undis Servizi Srl v Comune di Sulmona
Date: 2015-10-26
Institutions: Court of Justice
Subjects: business activity, contract, legal person, public institution, shareholder








C_2016027EN.01000902.xml










25.1.2016   


EN


Official Journal of the European Union


C 27/9





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 26 October 2015 — Undis Servizi Srl v Comune di Sulmona
(Case C-553/15)
(2016/C 027/12)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Undis Servizi Srl

Defendant: Comune di Sulmona

Questions referred







1.


When the ‘essential activity’ undertaken by the controlled body is assessed, must an activity imposed on it by a non-shareholder public administration and undertaken in favour of non-shareholder public bodies also be taken into account?










2.


When the ‘essential activity’ undertaken by the controlled body is assessed, must the contracts awarded to shareholder public bodies before the requirement of ‘similar control’ became applicable also be taken into account?
Council Decision (EU) 2015/1989 of 26 October 2015 on the signing, on behalf of the European Union, of the Agreement continuing the International Science and Technology Center
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: agreement (EU), international cooperation, scientific research, signature of an agreement, technology, world organisation








L_2015290EN.01000701.xml










6.11.2015   


EN


Official Journal of the European Union


L 290/7








            COUNCIL DECISION (EU) 2015/1989
of 26 October 2015
         
on the signing, on behalf of the European Union, of the Agreement continuing the International Science and Technology Center


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(1) and Article 37 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Article 180 and Article 218(5) thereof,


Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:







(1)


On 21 October 2013, the Council authorised the Commission and the High Representative to open negotiations for the establishment of an Agreement continuing the International Science and Technology Center between the European Union and the European Atomic Energy Community (‘Euratom’), acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America (‘the Agreement’).












(2)


Those negotiations have been successfully completed and the Agreement was initialled on 22 June 2015.












(3)


The conclusion of the Agreement is subject to a separate procedure as regards matters falling within the competence of Euratom.












(4)


The Agreement should be signed on behalf of the Union.





HAS ADOPTED THIS DECISION:



Article 1
The signing on behalf of the Union of the Agreement continuing the International Science and Technology Center is hereby authorised, subject to the conclusion of the said Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 26 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  The text of the Agreement will be published together with the decision on its conclusion.
Council Decision (CFSP) 2015/1923 of 26 October 2015 amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: Guinea, arms control, arms trade, economic sanctions, international sanctions




L_2015281EN.01000901.xml










27.10.2015   


EN


Official Journal of the European Union


L 281/9








            COUNCIL DECISION (CFSP) 2015/1923
of 26 October 2015
         
amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 25 October 2010, the Council adopted Decision 2010/638/CFSP (1) concerning restrictive measures against the Republic of Guinea.












(2)


On the basis of a review of Decision 2010/638/CFSP, those restrictive measures should be extended until 27 October 2016.












(3)


Decision 2010/638/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 8(2) of Decision 2010/638/CFSP is replaced by the following:

‘2.   This Decision shall apply until 27 October 2016. 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, 26 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea (OJ L 280, 26.10.2010, p. 10).
Council Decision (CFSP) 2015/1926 of 26 October 2015 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED)
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: EU military mission, Mediterranean Sea, Mediterranean region (EU), migration control, military cooperation, regional security, trafficking in human beings








L_2015281EN.01001301.xml










27.10.2015   


EN


Official Journal of the European Union


L 281/13








            COUNCIL DECISION (CFSP) 2015/1926
of 26 October 2015
         
amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 18 May 2015, the Council adopted Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (1).












(2)


On 24 September 2015, the Operation Commander proposed that the operation be named SOPHIA.












(3)


Decision (CFSP) 2015/778 should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Name of the operation

In the title and throughout the text of Decision (CFSP) 2015/778, the name ‘EUNAVFOR MED’ shall henceforth be replaced in all instances by the name ‘EUNAVFOR MED operation SOPHIA’ and any necessary grammatical changes shall be made.


Article 2

Entry into force

This Decision shall enter into force on the date of its adoption.




Done at Luxembourg, 26 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (OJ L 122, 19.5.2015, p. 31).
Council Decision (Euratom) 2015/1990 of 26 October 2015 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center
Date: 2015-10-26
Institutions: Council of the European Union
Subjects: EAEC, European Commission, agreement (EU), international cooperation, ratification of an agreement, scientific research, technology, world organisation








L_2015290EN.01000801.xml










6.11.2015   


EN


Official Journal of the European Union


L 290/8








            COUNCIL DECISION (EURATOM) 2015/1990
of 26 October 2015
         
approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 4 and the second paragraph of Article 101 thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 21 October 2013, the Council authorised the Commission to open negotiations for the establishment of an Agreement continuing the International Science and Technology Center between the European Union and the European Atomic Energy Community (‘Euratom’) acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America (‘the Agreement’).












(2)


Those negotiations have been successfully completed and the Agreement was initialled on 22 June 2015.












(3)


The Agreement also covers matters falling under competences of Euratom.












(4)


The signing of the Agreement is subject to a separate procedure as regards matters falling under the Treaty on European Union and Treaty on the Functioning of the European Union.












(5)


The conclusion of the Agreement by the Commission, acting on behalf of Euratom, should be approved as regards matters falling within the competence of Euratom,





HAS ADOPTED THIS DECISION:



Article 1
The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center is hereby approved (1).


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




Done at Brussels, 26 October 2015.


For the Council


The President

F. MOGHERINI
            





(1)  The text of Agreement will be attached to the Council Decision on the conclusion, on behalf of the Union, of the Agreement continuing the International Science and Technology Center.
Commission Implementing Regulation (EU) 2015/1921 of 26 October 2015 amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe
Date: 2015-10-26
Institutions: European Commission
Subjects: Zimbabwe, arms control, economic sanctions, human rights, international sanctions, natural person








L_2015281EN.01000501.xml










27.10.2015   


EN


Official Journal of the European Union


L 281/5








            COMMISSION IMPLEMENTING REGULATION (EU) 2015/1921
of 26 October 2015
         
amending Council Regulation (EC) No 314/2004 concerning certain restrictive measures in respect of Zimbabwe


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 314/2004 of 19 February 2004 concerning certain restrictive measures in respect of Zimbabwe (1), and in particular Article 11(b) thereof,

Whereas:







(1)


Annex III to Regulation (EC) No 314/2004 lists the persons and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


Council Decision 2011/101/CFSP (2) identifies the natural and legal persons to whom restrictions are to apply as provided for in Article 5 of that Decision, and Regulation (EC) No 314/2004 gives effect to that Decision to the extent that action at Union level is required.












(3)


On 26 October 2015, the Council decided to remove the name of one deceased person to whom the restrictions should apply. Annex III to Regulation (EC) No 314/2004 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex III to Regulation (EC) No 314/2004 is amended in accordance with the Annex to this Regulation.


Article 2
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, 26 October 2015.


For the Commission,


On behalf of the President,


Head of the Service for Foreign Policy Instruments






(1)  
            OJ L 55, 24.2.2004, p. 1.

(2)  Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).




ANNEX
In Annex III to Regulation (EC) No 314/2004 the following natural persons shall be deleted from the section ‘I. Persons’:
I.   Persons



               ‘Amos Bernard MIDZI (Mugenva). Date of birth: 4.7.1952. other information: (a) Former Minister of Mines and Mining Development; (b) former Minister of Energy and Power Development; (c) ZANU-PF party Chairman in Harare, (d) Former member of the Government associated with ZANU-PF faction of government (e) Organised convoy of ZANU-PF supporters and soldiers who assaulted people and destroyed homes in June 2008. (f) Linked with violence in Epworth, supporting militia bases in 2008 and again in 2011.’
Case T-290/14: Judgment of the General Court of 26 October 2015 — Portnov v Council (Common Foreign and Security Policy — Restrictive measures adopted in view of the situation in Ukraine — Freezing of funds — List of persons, entities and bodies covered by the freezing of funds and economic resources — Inclusion of the applicant’s name — Proof that inclusion on the list is well-founded)
Date: 2015-10-26
Institutions: General Court
Subjects: Ukraine, common foreign and security policy, economic sanctions, international sanctions, natural person








C_2015429EN.01002101.xml










21.12.2015   


EN


Official Journal of the European Union


C 429/21





Judgment of the General Court of 26 October 2015 — Portnov v Council
(Case T-290/14) (1)

((Common Foreign and Security Policy - Restrictive measures adopted in view of the situation in Ukraine - Freezing of funds - List of persons, entities and bodies covered by the freezing of funds and economic resources - Inclusion of the applicant’s name - Proof that inclusion on the list is well-founded))
(2015/C 429/27)
Language of the case: French

Parties


Applicant: Andriy Portnov (Kiev, Ukraine) (represented by: M. Cessieux, lawyer)

Defendant: Council of the European Union (represented by: V. Piessevaux and J. P. Hix, acting as Agents)

Intervener in support of the defendant: European Commission (represented by: D. Gauci and T. Scharf, acting as Agents)

Re:

Application for annulment of Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 1) and Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ 2014 L 66, p. 26), in so far as the applicant’s name was included on the list of persons, entities and bodies covered by those restrictive measures.

Operative part of the judgment

The Court:






1.


Annuls Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine and Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine in so far as they concern Andriy Portnov;










2.


Orders the Council of the European Union to bear its own costs and to pay those of Mr Portnov;










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 194, 24.6.2014.
Case T-124/10: Order of the General Court of 26 October 2015 — Lidl Stiftung v OHIM — Vinotasia (VITASIA) (Community trade mark — Opposition proceedings — Withdrawal of the opposition — No need to adjudicate)
Date: 2015-10-26
Institutions: General Court
Subjects: EU trade mark, beverage, foodstuff, registered trade mark, trade-mark law








C_2015429EN.01002302.xml










21.12.2015   


EN


Official Journal of the European Union


C 429/23





Order of the General Court of 26 October 2015 — Lidl Stiftung v OHIM — Vinotasia (VITASIA)
(Case T-124/10) (1)

((Community trade mark - Opposition proceedings - Withdrawal of the opposition - No need to adjudicate))
(2015/C 429/30)
Language of the case: German

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: A. Marx and M. Schaeffer, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and D. Botis, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Vinotasia GmbH (Coblenz, Germany) (represented by: M. Gail, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 January 2010 (Case R 1054/2008-4) concerning opposition proceedings between Vinotasia GmbH and Lidl Stiftung & Co. KG.

Operative part of the order







1.


There is no longer any need to rule on the action.










2.


Lidl Stiftung & Co. KG and Vinotasia GmbH shall bear their own costs and each pay half of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 134, 22.5.2015.