do-me/EUR-LEX huggingface dataset:
Special Report No 10/2016 — ‘Further improvements needed to ensure effective implementation of the excessive deficit procedure’
Date: 2016-04-21
Institutions: European Court of Auditors
Subjects: EU Member State, budget deficit, budget policy, budgetary discipline (EU), national budget








C_2016140EN.01000401.xml










21.4.2016   


EN


Official Journal of the European Union


C 140/4





Special Report No 10/2016
‘Further improvements needed to ensure effective implementation of the excessive deficit procedure’
(2016/C 140/03)
The European Court of Auditors hereby informs you that Special Report No 10/2016 ‘Further improvements needed to ensure effective implementation of the excessive deficit procedure’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu or on EU Bookshop: https://bookshop.europa.eu
Case C-285/15: Order of the Court (Eight Chamber) of 21 April 2016 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Beca Engineering Srl v Ministero dell’Interno (Reference for a preliminary ruling — Article 99 of the Court’s Rules of Procedure — Free movement of goods — Directive 89/106/EEC — Construction products — Chimney linings — National legislation requiring chimneys to be made exclusively with non-combustible materials)
Date: 2016-04-21
Institutions: Court of Justice
Subjects: approximation of laws, heat-resisting materials, heating








C_2016279EN.01000601.xml










1.8.2016   


EN


Official Journal of the European Union


C 279/6





Order of the Court (Eight Chamber) of 21 April 2016 (reference for a preliminary ruling from the Consiglio di Stato — Italy) — Beca Engineering Srl v Ministero dell’Interno
(Case C-285/15) (1)

((Reference for a preliminary ruling - Article 99 of the Court’s Rules of Procedure - Free movement of goods - Directive 89/106/EEC - Construction products - Chimney linings - National legislation requiring chimneys to be made exclusively with non-combustible materials))
(2016/C 279/09)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Beca Engineering Srl

Defendant: Ministero dell’Interno

Operative part of the order







1.


The compatibility with EU law of national legislation requiring chimneys in civil heating systems to be constructed using incombustible materials, such as those at issue in the main proceedings, is not to be assessed in the light of Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003.










2.


On a proper construction of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and rules concerning services of the information society, as amended by Directive 98/48/EC of the European Parliament and of the Council of 22 June 1998, such national legislation must be treated as a technical rule within the meaning of Article 1(3) and (11) of that directive, and for want of notification to the European Commission by the Member State concerned, in accordance with Article 8 of that directive, as amended, that national legislation is inapplicable, which individuals may rely upon before the national courts.






(1)  OJ C 302, 14.9.2015.
Prior notification of a concentration (Case M.8009 — CPPIB/GIP/Pacific National Business of Asciano) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-04-21
Institutions: European Commission
Subjects: carriage of goods, economic concentration, investment company, merger control, provision of services, rail transport








C_2016140EN.01000901.xml










21.4.2016   


EN


Official Journal of the European Union


C 140/9





Prior notification of a concentration
(Case M.8009 — CPPIB/GIP/Pacific National Business of Asciano)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 140/05)






1.


On 14 April 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Canada Pension Plan Investment Board (‘CPPIB’ of Canada), and Global Infrastructure Management, LLC (‘GIP’ of the USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Asciano’s Pacific National Business (‘Pacific National’ of Australia), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CPPIB: investing in public and private equities, real estate, infrastructure and fixed income instruments,
—   for GIP: investing in single assets and portfolios of assets and companies in infrastructure and infrastructure-related assets in the transport, energy, water and waste industries,
—   for Pacific National: national intermodal freight haulage and bulk haulage rail freight services in Australia.










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 this 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.8009 — CPPIB/GIP/Pacific National Business of Asciano, 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-539/13: Order of the General Court of 21 April 2016 — Inclusion Alliance for Europe v Commission (Action for annulment — Seventh framework programme for research and technological development including demonstration activities (2007-2013) — MARE, Senior and ECRN projects — Recovery of a share of the financial contribution paid — Enforcement decision — Nature of the pleas relied on — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
Date: 2016-04-21
Institutions: General Court
Subjects: Framework Programme for Research and Development, audit, damages, reimbursement of aid, small and medium-sized enterprises








C_2016211EN.01005102.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/51






Order of the General Court of 21 April 2016 — Inclusion Alliance for Europe v Commission
(Case T-539/13) (1)

((Action for annulment - Seventh framework programme for research and technological development including demonstration activities (2007-2013) - MARE, Senior and ECRN projects - Recovery of a share of the financial contribution paid - Enforcement decision - Nature of the pleas relied on - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law))
(2016/C 211/65)
Language of the case: Italian

Parties


Applicant: Inclusion Alliance for Europe GEIE (Bucharest, Romania) (represented by: S. Famiani, lawyer)

Defendant: European Commission (represented by: L. Di Paolo and F. Moro, acting as Agents, assisted by D. Gullo, lawyer)

Re:

Action for annulment of Commission Decision C(2013) 4693 final of 17 July 2013 concerning the recovery of a sum of EUR 212 411,89, plus interest, owed by the applicant in the context of the MARE, Senior and ECRN projects.

Operative part of the order







1.


The action is dismissed.










2.


Inclusion Alliance for Europe GEIE shall pay the costs.






(1)  OJ C 15, 18.1.2014.
Council Decision (CFSP) 2016/627 of 21 April 2016 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma
Date: 2016-04-21
Institutions: Council of the European Union
Subjects: Myanmar/Burma, arms control, economic sanctions, international sanctions, trade restriction




L_2016106EN.01002301.xml










22.4.2016   


EN


Official Journal of the European Union


L 106/23








            COUNCIL DECISION (CFSP) 2016/627
of 21 April 2016
         
amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma


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 22 April 2013, the Council adopted Decision 2013/184/CFSP (1) concerning restrictive measures against Myanmar/Burma.












(2)


On 28 April 2015, the Council adopted Decision (CFSP) 2015/666 (2) renewing the restrictive measures until 30 April 2016.












(3)


On the basis of a review of Decision 2013/184/CFSP, the restrictive measures should be renewed until 30 April 2017.












(4)


Decision 2013/184/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 3 of Decision 2013/184/CFSP is replaced by the following:


‘Article 3
This Decision shall apply until 30 April 2017. 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, 21 April 2016.


For the Council


The President

G.A. VAN DER STEUR
            





(1)  Council Decision 2013/184/CFSP of 22 April 2013 concerning restrictive measures against Myanmar/Burma and repealing Decision 2010/232/CFSP (OJ L 111, 23.4.2013, p. 75).

(2)  Council Decision (CFSP) 2015/666 of 28 April 2015 amending Decision 2013/184/CFSP concerning restrictive measures against Myanmar/Burma (OJ L 110, 29.4.2015, p. 14).
Council Implementing Regulation (EU) 2016/620 of 21 April 2016 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and amending Implementing Regulation (EU) 2015/2425
Date: 2016-04-21
Institutions: Council of the European Union
Subjects: economic sanctions, international sanctions, legal person, terrorism








L_2016106EN.01000101.xml










22.4.2016   


EN


Official Journal of the European Union


L 106/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2016/620
of 21 April 2016
         
implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and amending Implementing Regulation (EU) 2015/2425


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,


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

Whereas:







(1)


On 21 December 2015, the Council adopted Implementing Regulation (EU) 2015/2425 (2) implementing Article 2(3) of Regulation (EC) No 2580/2001, establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies (‘the list’).












(2)


The Council has determined that there are no longer grounds for keeping one entity on the list.












(3)


The list should therefore be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 is amended as set out in 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 Luxembourg, 21 April 2016.


For the Council


The President

G.A. VAN DER STEUR
            





(1)  
            OJ L 344, 28.12.2001, p. 70.

(2)  Council Implementing Regulation (EU) 2015/2425 of 21 December 2015 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Implementing Regulation (EU) 2015/1325 (OJ L 334, 22.12.2015, p. 1).




ANNEX
The entity listed below is deleted from the list provided for in Article 2(3) of Regulation (EC) No 2580/2001:
II.   GROUPS AND ENTITIES








12.


‘International Sikh Youth Federation’ — ‘ISYF’.
Council Decision (EU) 2016/642 of 21 April 2016 appointing a member and an alternate member, proposed by Romania, of the Committee of the Regions
Date: 2016-04-21
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Romania, appointment of members








L_2016108EN.01003401.xml










23.4.2016   


EN


Official Journal of the European Union


L 108/34








            COUNCIL DECISION (EU) 2016/642
of 21 April 2016
         
appointing a member and an alternate member, proposed by Romania, 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 Romanian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 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)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Mihai STEPANESCU.












(3)


An alternate member's seat has become vacant following the appointment of Mr Robert Sorin NEGOIȚĂ as member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



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






(a)


as a member:






—


Mr Robert Sorin NEGOIȚĂ, primarul sectorului 3 al municipiului București;




and










(b)


as an alternate member:






—


Mr Ovidiu Iulian PORTARIUC, primarul municipiului Botoșani, județul Botoșani.










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




Done at Luxembourg, 21 April 2016.


For the Council


The President

G.A. VAN DER STEUR
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case C-563/14 P: Order of the Court (Sixth Chamber) of 21 April 2016 — Dansk Automat Brancheforening v European Commission, Kingdom of Denmark, Betfair Group plc, Betfair International Ltd, European Gaming and Betting Association (EGBA) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Action for annulment — Article 263, fourth paragraph, TFEU — Right to bring an action — Locus standi — Natural or legal persons — State aid — Decision declaring an aid scheme compatible with the internal market — Act of individual concern to the appellant — Regulatory act not entailing implementing measures)
Date: 2016-04-21
Institutions: Court of Justice
Subjects: State aid, aid recipient, control of State aid, game of chance, gaming establishment, right of action








C_2016279EN.01000301.xml










1.8.2016   


EN


Official Journal of the European Union


C 279/3





Order of the Court (Sixth Chamber) of 21 April 2016 — Dansk Automat Brancheforening v European Commission, Kingdom of Denmark, Betfair Group plc, Betfair International Ltd, European Gaming and Betting Association (EGBA)
(Case C-563/14 P) (1)

((Appeal - Article 181 of the Rules of Procedure of the Court of Justice - Action for annulment - Article 263, fourth paragraph, TFEU - Right to bring an action - Locus standi - Natural or legal persons - State aid - Decision declaring an aid scheme compatible with the internal market - Act of individual concern to the appellant - Regulatory act not entailing implementing measures))
(2016/C 279/03)
Language of the case: Danish

Parties


Appellant: Dansk Automat Brancheforening (represented by: K. Dyekjær, T. Høg and J. Flodgaard, advokater)

Other parties to the proceedings:

European Commission (represented by: L. Grønfeldt and M. P.-J. Loewenthal, acting as Agents), Kingdom of Denmark (represented by: C. Thorning, acting as Agent and R. Holdgaard, advokat), Betfair Group plc, Betfair International Ltd (represented by: A. Pliego Selie, O. Brouwer and M. Groothuismink, advocaten), European Gaming and Betting Association (EGBA) (represented by: J. Heithecker, C.-D. Ehlermann and J. Ylinen, Rechtsanwälte)

Operative part of the order







1.


The appeal is dismissed.










2.


Dansk Automat Brancheforening is ordered to pay the costs.










3.


The Kingdom of Denmark is ordered to bear its own costs.






(1)  OJ C 46, 9.2.2015.
Council Decision (EU, Euratom) 2016/641 of 21 April 2016 appointing a member, proposed by the Federal Republic of Germany, of the European Economic and Social Committee
Date: 2016-04-21
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of members








L_2016108EN.01003301.xml










23.4.2016   


EN


Official Journal of the European Union


L 108/33








            COUNCIL DECISION (EU, Euratom) 2016/641
of 21 April 2016
         
appointing a member, proposed by the Federal Republic of Germany, of the European Economic and Social Committee


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,


Having regard to the proposal of the German Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.












(2)


A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Egbert BIERMANN,





HAS ADOPTED THIS DECISION:



Article 1
Herr Dr Norbert KLUGE, Leiter der Abteilung Mitbestimmungsförderung der Hans-Böckler-Stiftung, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.


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




Done at Luxembourg, 21 April 2016.


For the Council


The President

G.A. VAN DER STEUR
            





(1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

(2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).
Case C-227/15 P: Order of the Court (Third Chamber) of 21 April 2016 — Jean-Marie Cahier and Others v Council of the European Union, European Commission, French Republic Appeal — Non-contractual liability of the European Union — Regulation (EC) No 1493/1999 — Article 28(1) — Compulsory distillation of the quantities of wine obtained from dual-purpose vine varieties produced in excess of the normal quantity and not exported outside the Union — Regulation (EC) No 1623/2000 — Distillation carried out by the producer himself in his capacity as distiller — Production of spirits with designation of origin
Date: 2016-04-21
Institutions: Court of Justice
Subjects: beverage industry, common organisation of markets, damage, distillation, equal treatment, marketing restriction, wine








C_2016279EN.01000302.xml










1.8.2016   


EN


Official Journal of the European Union


C 279/3





Order of the Court (Third Chamber) of 21 April 2016 — Jean-Marie Cahier and Others v Council of the European Union, European Commission, French Republic
(Case C-227/15 P) (1)

(Appeal - Non-contractual liability of the European Union - Regulation (EC) No 1493/1999 - Article 28(1) - Compulsory distillation of the quantities of wine obtained from dual-purpose vine varieties produced in excess of the normal quantity and not exported outside the Union - Regulation (EC) No 1623/2000 - Distillation carried out by the producer himself in his capacity as distiller - Production of spirits with designation of origin)
(2016/C 279/04)
Language of the case: French

Parties


Appellants: Jean-Marie Cahier, Robert Aubineau, Laurent Bigot, Pascal Bourdeau, Jacques Brard-Blanchard, Olivier Charruaud, Daniel Chauvet, Régis Chauvet, Fabrice Compagnon, Francis Crepeau, Philippe Davril, Bernard Deborde, Chantal Goulard, Jean-Pierre Gourdet, Bernard Goursaud, Jean Gravouil, Guy Herbelot, Rodrigue Herbelot, Sophie Landrit, Michel Mallet, Michel Merlet, Alain Phelipon, Claude Potut, Philippe Pruleau, Philippe Riche, Françoise Rousseau, René Roy, Pascale Rulleaud-Beaufour (represented by: C.-É. Gudin, avocat)

Other parties to the proceedings: Council of the European Union (represented by: S. Barbagallo and É. Sitbon, acting as Agents), European Commission (represented by: I. Galindo Martín and B. Schima, acting as Agents), French Republic (represented by: G. de Bergues, D. Colas and S. Ghiandoni, acting as Agents)

Operative part of the order







1.


The appeal is dimissed.










2.


Messrs Jean-Marie Cahier, Robert Aubineau, Laurent Bigot, Pascal Bourdeau, Jacques Brard-Blanchard, Olivier Charruaud, Daniel Chauvet, Régis Chauvet, Fabrice Compagnon, Francis Crepeau, Philippe Davril, Bernard Deborde, Ms Chantal Goulard, Messrs Jean-Pierre Gourdet, Bernard Goursaud, Jean Gravouil, Guy Herbelot, Rodrigue Herbelot, Ms Sophie Landrit, Messrs Michel Mallet, Michel Merlet, Alain Phelipon, Claude Potut, Philippe Pruleau, Philippe Riche, Ms Françoise Rousseau, Mr René Roy and Ms Pascale Rulleaud-Beaufour shall bear their own costs and shall pay those incurred by the Council of the European Union and the European Commission.






(1)  OJ C 311 of 21.9.2015.