do-me/EUR-LEX huggingface dataset:
Case C-185/16 SA: Application for authorisation to serve a garnishee order brought on 29 March 2016 — Yukos Universal Ltd v European Investment Bank
Date: 2016-03-29
Institutions: Court of Justice
Subjects: Russia, access to EU information, bond, debt, interest, issue of securities








C_2016175EN.01001501.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/15





Application for authorisation to serve a garnishee order brought on 29 March 2016 — Yukos Universal Ltd v European Investment Bank
(Case C-185/16 SA)
(2016/C 175/17)
Language of the case: French

Parties


Applicant: Yukos Universal Ltd (represented by: H. Boularbah, avocat)

Defendant: European Investment Bank

Form of order sought







—


Order the European Investment Bank to declare the grounds, amounts and arrangements for the debts which the Russian Federation holds against it;










—


Authorise YUL to serve interim and final garnishee orders on the European Investment Bank in respect of those debts and, de minimis, of all sums owed or which will be owed by the European Investment Bank to the Russian Federation in its capacity as issuer of bonds subscribed by the Russian Federation, including on the interest generated by those bonds and their reimbursement, in accordance with the arrangements laid down in the applicable issue contract(s) or prospectus(es) and up to an amount, in principal and interest, subject to revaluation during the proceedings, of EUR 1 690 886 892,20 (amount of the debt held by YUL against the Russian Federation);










—


In any event, order the European Investment Bank to pay the costs of these proceedings.
Commission Regulation (EU) 2016/469 of 29 March 2016 establishing a prohibition of fishing for anglerfish in areas VIIIc, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of France
Date: 2016-03-29
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2016085EN.01002201.xml










1.4.2016   


EN


Official Journal of the European Union


L 85/22








            COMMISSION REGULATION (EU) 2016/469
of 29 March 2016
         
establishing a prohibition of fishing for anglerfish in areas VIIIc, IX and X; Union waters of CECAF 34.1.1 by vessels flying the flag of France


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) 2016/72 (2) lays down quotas for 2016.












(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 2016.












(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 2016 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, 29 March 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


03/TQ72




Member State


France




Stock


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; Union waters of CECAF 34.1.1




Closing date


26.2.2016
Case C-173/16: Reference for a preliminary ruling from Court of Appeal (Ireland) made on 29 March 2016 — M.H. v M.H.
Date: 2016-03-29
Institutions: Court of Justice
Subjects: civil proceedings








C_2016211EN.01003102.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/31






Reference for a preliminary ruling from Court of Appeal (Ireland) made on 29 March 2016 — M.H. v M.H.
(Case C-173/16)
(2016/C 211/41)
Language of the case: English

Referring court

Court of Appeal

Parties to the main proceedings


Applicant: M.H.

Defendant: M.H.

Question referred

Is ‘the time when the document instituting the proceedings … is lodged with the court’ in Article 16.1(a) of Regulation 2201/2003 (1) to be interpreted as meaning:-






i)


the time at which the document instituting the proceedings is received by the court even if such receipt does not of itself immediately commence the proceedings in accordance with national law; or










ii)


the time at which, following receipt of the document instituting the proceedings by the court, the proceedings are commenced in accordance with national law.






(1)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000 OJ L 338, p. 1
Case C-175/16: Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 29 March 2016 — Hannele Hälvä, Sari Naukkarinen, Pirjo Paajanen, Satu Piik v SOS-Lapsikylä ry
Date: 2016-03-29
Institutions: Court of Justice
Subjects: arrangement of working time, custody, derogation from EU law, occupational safety, working time








C_2016191EN.01002001.xml










30.5.2016   


EN


Official Journal of the European Union


C 191/20





Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 29 March 2016 — Hannele Hälvä, Sari Naukkarinen, Pirjo Paajanen, Satu Piik v SOS-Lapsikylä ry
(Case C-175/16)
(2016/C 191/24)
Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings


Appellants: Hannele Hälvä, Sari Naukkarinen, Pirjo Paajanen, Satu Piik

Respondent: SOS-Lapsikylä ry

Question referred

Must Article 17(1) of Directive 2003/88/EC (1) of the European Parliament and of the Council concerning certain aspects of the organisation of working time be interpreted as including within its scope an activity, as described above, performed in a children’s home in which the worker acts as the representative of foster parents of children in care on the parents’ days off, lives during this period with the children in a family-like setting and during this time independently attends equally to the children’s and family’s needs, as parents generally do?


(1)  OJ 2003 L 299, p. 9.
Case T-133/16: Action brought on 29 March 2016 — Caisse régionale de crédit agricole mutuel Alpes Provence v ECB
Date: 2016-03-29
Institutions: General Court
Subjects: credit institution, financial legislation, management audit, national law, right of establishment








C_2016175EN.01003002.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/30





Action brought on 29 March 2016 — Caisse régionale de crédit agricole mutuel Alpes Provence v ECB
(Case T-133/16)
(2016/C 175/35)
Language of the case: French

Parties


Applicant: Caisse régionale de crédit agricole mutuel Alpes Provence (Aix-en-Provence, France) (represented by: H. Savoie, lawyer)

Defendant: European Central Bank

Form of order sought

The applicant claims that the General Court should:






—


annul the European Central Bank decision of 29 January 2016 (ECB/SSM/2016 — 969500TJ5KRTCJQWXH05/98) adopted under Article 4(1)(e) of Regulation (EU) No 468/2014 of the European Central Bank and under Articles L. 511-13, L. 511-52, L. 511-58, L. 612-23-1 and R. 612-29-3 of the French monetary and financial code (code monétaire et financier français).





Pleas in law and main arguments

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






1.


First plea, alleging that the contested decision is unlawful to the extent that it misconstrues the provisions of Article 13 of Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (‘the CRD IV Directive’), and the provisions of Article L. 511-13 of the French monetary and financial code (‘the CMF’).










2.


Second plea, alleging that the contested decision is unlawful to the extent that it misconstrues the provisions of Article L. 511-52 of the CMF.










3.


Third plea, alleging that the contested decision is unlawful to the extent that the ECB infringed Article L. 511-13 of the CMF and Articles 13 and 88 of the CRD IV Directive.










4.


Fourth plea, raised in the alternative, alleging that the contested decision is also unlawful to the extent that the ECB infringed Article L. 511-58 of the CMF.
Commission Regulation (EU) 2016/468 of 29 March 2016 establishing a prohibition of fishing for red seabream in Union and international waters of VI, VII and VIII by vessels flying the flag of France
Date: 2016-03-29
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, France, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2016085EN.01002001.xml










1.4.2016   


EN


Official Journal of the European Union


L 85/20








            COMMISSION REGULATION (EU) 2016/468
of 29 March 2016
         
establishing a prohibition of fishing for red seabream in Union and international waters of VI, VII and VIII by vessels flying the flag of France


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 1367/2014 (2) lays down quotas for 2016.












(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 2016.












(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 2016 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, 29 March 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) No 1367/2014 of 15 December 2014 fixing for 2015 and 2016 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 366, 20.12.2014, p. 1).




ANNEX






No


02/DSS




Member State


France




Stock


SBR/678-




Species


Red seabream (Pagellus bogaraveo)




Zone


Union and international waters of VI, VII and VIII




Date


26.2.2016
Case C-180/16 P: Appeal brought on 29 March 2016 by Toshiba Corporation against the judgment of the General Court (First Chamber) delivered on 19 January 2016 in Case T-404/12: Toshiba Corporation v European Commission
Date: 2016-03-29
Institutions: Court of Justice
Subjects: cartel, electrical equipment, electrical industry, equal treatment, restriction on competition, rights of the defence, sanction (EU)








C_2016175EN.01001401.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/14





Appeal brought on 29 March 2016 by Toshiba Corporation against the judgment of the General Court (First Chamber) delivered on 19 January 2016 in Case T-404/12: Toshiba Corporation v European Commission
(Case C-180/16 P)
(2016/C 175/16)
Language of the case: English

Parties


Appellant: Toshiba Corporation (represented by: J. F. MacLennan, Solicitor, A. Schulz, Rechtsanwalt, S. Sakellariou, Δικηγόρος, J. Jourdan, avocat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claim that the Court should:






—


Set aside the Judgment of the General Court in Case T-404/12, and






i.


Annul the Decision of the European Commission in Case COMP/39.966 — Gas Insulated Switchgear re-adoption; or










ii.


Reduce the fine imposed on Toshiba, in application of Article 261 TFEU; or










iii.


Refer the case back to the General Court for determination in accordance with the judgment of this Court as to points of law; and in any event














—


Order the European Commission to pay the costs.





Pleas in law and main arguments

The present application is founded on three pleas in law:






a)


First plea: The General Court erred in law in finding that Toshiba’s rights of defence were not breached by the European Commission; in particular in so far as the Commission did not issue a Statement of Objections to Toshiba prior to adopting the re-adoption decision in 2012;










b)


Second plea: The General Court erred in law in concluding that the methodology applied by the European Commission to calculate Toshiba’s fine did not infringe the principle of equal treatment; in particular in so far as the Commission used the starting amount calculated for the joint venture TM T&D as a basis to calculate Toshiba’s fine, and not a turnover relevant to Toshiba, contrary to what the Commission did for the European addressees of the decision adopted in 2007; and










c)


Third plea: The General Court erred in law in concluding that the European Commission, by not reducing Toshiba’s fine to reflect its relative participation in the infringement, did not infringe the principle of equal treatment; in particular in so far as the Commission did not consider that Toshiba’s more limited participation in the collusive conduct, in comparison to that of the European addressees of the decision adopted in 2007, justified being reflected in the fine amount.
Commission Regulation (EU) 2016/470 of 29 March 2016 establishing a prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2016-03-29
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2016085EN.01002401.xml










1.4.2016   


EN


Official Journal of the European Union


L 85/24








            COMMISSION REGULATION (EU) 2016/470
of 29 March 2016
         
establishing a prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Spain


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) 2016/72 (2) lays down quotas for 2016.












(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 2016.












(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 2016 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, 29 March 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


04/TQ72




Member State


Spain




Stock


WHM/ATLANT




Species


White Marlin (Tetrapturus albidus)




Zone


Atlantic Ocean




Closing date


1.1.2016
Case T-136/16: Action brought on 29 March 2016 — Caisse régionale de crédit agricole mutuel Brie Picardie v ECB
Date: 2016-03-29
Institutions: General Court
Subjects: credit institution, financial legislation, management audit, national law, right of establishment








C_2016175EN.01003202.xml










17.5.2016   


EN


Official Journal of the European Union


C 175/32





Action brought on 29 March 2016 — Caisse régionale de crédit agricole mutuel Brie Picardie v ECB
(Case T-136/16)
(2016/C 175/38)
Language of the case: French

Parties


Applicant: Caisse régionale de crédit agricole mutuel Brie Picardie (Amiens, France) (represented by: H. Savoie, lawyer)

Defendant: European Central Bank

Form of order sought

The applicant claims that the General Court should:






—


annul the European Central Bank decision of 29 January 2016 (ECB/SSM/2016 — 969500TJ5KRTCJQWXH05/99) adopted under Article 4(1)(e) of Regulation (EU) No 468/2014 of the European Central Bank and under Articles L. 511-13, L. 511-52, L. 511-58, L. 612-23-1 and R. 612-29-3 of the French monetary and financial code (code monétaire et financier français).





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law which are essentially identical or similar to those relied on in Case T-133/16, Caisse régionale de crédit agricole mutuel Alpes Provence v ECB.
Commission Regulation (EU) 2016/471 of 29 March 2016 establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain
Date: 2016-03-29
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2016085EN.01002601.xml










1.4.2016   


EN


Official Journal of the European Union


L 85/26








            COMMISSION REGULATION (EU) 2016/471
of 29 March 2016
         
establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Spain


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) 2016/72 (2), lays down quotas for 2016.












(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 2016.












(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 2016 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, 29 March 2016.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2016/72 of 22 January 2016 fixing for 2016 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2015/104 (OJ L 22, 28.1.2016, p. 1).




ANNEX






No


05/TQ72




Member State


Spain




Stock


BUM/ATLANT




Species


Blue Marlin (Makaira nigricans)




Zone


Atlantic Ocean




Closing date


1.1.2016