do-me/EUR-LEX huggingface dataset:
Case C-390/16: Request for a preliminary ruling from the Szombathelyi Törvényszék (Hungary) lodged on 13 July 2016 — Criminal proceedings against Dániel Bertold Lada
Date: 2016-07-13
Institutions: Court of Justice
Subjects: Schengen Agreement, criminal procedure, enforcement of ruling, judicial cooperation in criminal matters in the EU, offence








C_2016350EN.01001501.xml










26.9.2016   


EN


Official Journal of the European Union


C 350/15





Request for a preliminary ruling from the Szombathelyi Törvényszék (Hungary) lodged on 13 July 2016 — Criminal proceedings against Dániel Bertold Lada
(Case C-390/16)
(2016/C 350/19)
Language of the case: Hungarian

Referring court

Szombathelyi Törvényszék

Party to the main proceedings

Dániel Bertold Lada

Questions referred







1.


Must Articles 67 and 82 of the Treaty on the Functioning of the European Union (‘TFEU’) be interpreted as precluding a criminal procedure or other national procedure, governed by national legislation, the purpose of which is the ‘recognition’ or application in a Member State of the validity of a foreign judgment (resulting in the foreign judgment being regarded as having been delivered by a national court), in relation to a defendant in a criminal case in which a final and definitive judgment has already been given by a national court of another Member State of the European Union?










2.


Is a procedure of a Member State of the European Union, specifically that provided for in Paragraphs 46 to 48 of Hungarian Law No XXXVIII of 1996 ‘for recognition of the validity’ in Hungary [of foreign convictions], relating to criminal proceedings brought in another Member State and culminating there in a final decision (in relation to the same person and to the same acts), compatible with the principle of ‘non bis in idem’ laid down in Article 50 of the Charter of Fundamental Rights of the European Union and Article 54 of the Convention implementing the Schengen Agreement (in the light of Council Framework Decision 2008/675/JHA (1) of 24 July 2008), even if in reality that procedure has the purpose not of enforcing such a decision, but of establishing a basis for that decision to be taken into account in criminal proceedings to be brought in the future?






(1)  Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings (OJ 2008 L 220, p. 32).
Commission Implementing Regulation (EU) 2016/1242 of 13 July 2016 entering a name in the register of protected designations of origin and protected geographical indications (Flönz (PGI))
Date: 2016-07-13
Institutions: European Commission
Subjects: Germany, North Rhine-Westphalia, designation of origin, labelling, meat product, product designation








L_2016204EN.01000301.xml










29.7.2016   


EN


Official Journal of the European Union


L 204/3








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1242
of 13 July 2016
         
entering a name in the register of protected designations of origin and protected geographical indications (Flönz (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Germany's application to register the name ‘Flönz’ was published in the Official Journal of the European Union (2).












(2)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Flönz’ should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name ‘Flönz’ (PGI) is hereby entered in the register.
The name specified in the first paragraph denotes a product in Class 1.2. Meat products (cooked, salted, smoked, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).


Article 2
This Regulation shall enter into force on the twentieth 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, 13 July 2016.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  
            OJ C 107, 22.3.2016, p. 12.

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).
Case C-388/16: Action brought on 13 July 2016 — European Commission v Kingdom of Spain
Date: 2016-07-13
Institutions: Court of Justice
Subjects: carriage of goods, enforcement of ruling, harbour installation, port traffic, recruitment, right of establishment, sanction (EU)








C_2016314EN.01001601.xml










29.8.2016   


EN


Official Journal of the European Union


C 314/16





Action brought on 13 July 2016 — European Commission v Kingdom of Spain
(Case C-388/16)
(2016/C 314/22)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Nicolae and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:






—


Declare that the Kingdom of Spain has failed to fulfil its obligations under Article 260 TFEU, in that it has not adopted the measures necessary to comply with the judgment of the Court of 11 December 2014 in Case C-576/13, (1)
Commission v Spain, relating to the failure by the Kingdom of Spain to fulfil its obligations under Article 49 TFEU.










—


Order the Kingdom of Spain to pay to the Commission a penalty payment of EUR 134 107,2 for every day of delay in complying with the judgment in Case C-576/13, from the date on which the judgment in this case is delivered until the date on which the judgment in Case C-576/13 is fully complied with.










—


Order the Kingdom of Spain to pay to the Commission a lump sum, the amount of which is calculated by multiplying a daily amount of EUR 27 522 by the number of days on which the infringement continues from the date on which the judgment in Case C-576/13 was delivered until:










—


the date on which the Kingdom of Spain adopts the measures necessary to comply with the judgment in Case C-576/13, if the Court holds that that adoption has taken place before judgment in this case is delivered,










—


the date on which the judgment in this case is delivered, if the judgment in Case C-576/13 has not been fully complied with by that date.










—


Order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Kingdom of Spain has not adopted the measures necessary to comply with the judgment of the Court of Justice of 11 December 2014 in Case C-576/13, Commission v Spain.


(1)  EU: C: 2014: 2430
Non-opposition to a notified concentration (Case M.8034 — Verizon/Hearst/Dreamworks/Awesomeness TV) (Text with EEA relevance)
Date: 2016-07-13
Institutions: European Commission
Subjects: economic concentration, mass media, merger control, programmes industry








C_2016254EN.01000102.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/1





Non-opposition to a notified concentration
(Case M.8034 — Verizon/Hearst/Dreamworks/Awesomeness TV)
(Text with EEA relevance)
(2016/C 254/02)
On 4 July 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M8034. EUR-Lex is the online access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2016-07-13
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing








C_2016254EN.01000602.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/6





Information communicated by Member States regarding closure of fisheries
(2016/C 254/10)
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


2.6.2016




Duration


2.6.2016 till 31.12.2016




Member State


Spain




Stock or Group of stocks


POK/56-14




Species


Saithe (Pollachius virens)




Zone


VI, Union and international waters of Vb, XII and XIV




Type(s) of fishing vessels


—




Reference number


07/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-124/15: Order of the Civil Service Tribunal (1st Chamber) of 13 July 2016 — Siragusa v Council (Civil service — Officials — Leaving the service — Official’s application to be granted retirement — Amendment of the provisions of the Staff Regulations after the application — Alleged withdrawal of an earlier decision)
Date: 2016-07-13
Institutions: Civil Service Tribunal
Subjects: European official, damages, early retirement, indemnification, retirement conditions, staff regulations (EU)








C_2016326EN.01003501.xml










5.9.2016   


EN


Official Journal of the European Union


C 326/35





Order of the Civil Service Tribunal (1st Chamber) of 13 July 2016 — Siragusa v Council
(Case F-124/15) (1)

((Civil service - Officials - Leaving the service - Official’s application to be granted retirement - Amendment of the provisions of the Staff Regulations after the application - Alleged withdrawal of an earlier decision))
(2016/C 326/59)
Language of the case: French

Parties


Applicant Sergio Siragusa (Brussels, Belgium) (represented by: T. Bontinck and A. Guillerme, lawyers)

Defendant: Council of the European Union (represented by: M. Bauer and M. Veiga, Agents)

Intervener in support of the defendants: European Parliament (represented by: M. Dean and D. Nessaf, Agents)

Re:

Application for annulment of the decision not to grant the applicant’s application for early retirement, in so far as it was adopted after the entry into force of the new Staff Regulations, thereby withdrawing the earlier favourable decision, and an application for damages in respect of the material and non-material harm allegedly suffered.

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mr Sergio Siragusa shall bear his own costs and is ordered to pay the costs incurred by the Council of the European Union.










3.


The European Parliament shall bear its own costs.






(1)  OJ C 414, 14/12/2015, p. 42.
Amendment of the Rules of Procedure of the General Court
Date: 2016-07-13
Institutions: General Court
Subjects: appeal, judicial proceedings, operation of the Institutions, rules of procedure




L_2016217EN.01007201.xml










12.8.2016   


EN


Official Journal of the European Union


L 217/72








            AMENDMENT OF THE RULES OF PROCEDURE OF THE GENERAL COURT
         


THE GENERAL COURT,
Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,
Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
Having regard to the Protocol on the Statute of the Court of Justice of the European Union, and in particular Article 63 thereof,
Whereas the information or material that is confidential and relevant for the purpose of ruling on the dispute, which has been produced in accordance with Article 105 of the Rules of Procedure of the General Court and has not been returned during the proceedings, must be made available to the Court of Justice in order that it may fully exercise its powers as a court of appeal should the General Court's decision at the end of proceedings in which the specific regime of Article 105 has been applied be challenged,
Whereas, by contrast, that information or material must be returned to the main party that produced it if no appeal has been brought against the decision of the General Court within the time limit laid down by the Protocol on the Statute of the Court of Justice of the European Union,
Whereas it is in consequence appropriate to amend the Rules of Procedure of the General Court,
With the agreement of the Court of Justice,
With the approval of the Council given on 6 July 2016,
HAS ADOPTED THE FOLLOWING AMENDMENT OF ITS RULES OF PROCEDURE:



Article 1
Paragraph 10 of Article 105 of the Rules of Procedure of the General Court (1) is replaced by the following:


‘10.   The information or material referred to in paragraph 5, which has not been withdrawn pursuant to paragraph 7 by the main party that produced it, shall be returned to the party concerned as soon as the period referred to in the first paragraph of Article 56 of the Statute has expired, unless, within that period, an appeal has been brought against the decision of the General Court. Where such an appeal is brought, the abovementioned information or material shall be made available to the Court of Justice on the conditions laid down in the decision referred to in paragraph 11.’.




Article 2
This amendment of the Rules of Procedure, authentic in the languages referred to in Article 44 of those Rules, shall be published in the Official Journal of the European Union and shall enter into force on the day of its publication.




Done at Luxembourg, 13 July 2016.


Registrar

E. COULON
            

President

M. JAEGER
            





(1)  
            OJ L 105, 23.4.2015, p. 1.
Prior notification of a concentration (Case M.8127 — Volvo Car Corporation/Volverk/Volvofinans Bank) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-07-13
Institutions: European Commission
Subjects: economic concentration, financial services, merger control, motor vehicle industry








C_2016254EN.01000801.xml










13.7.2016   


EN


Official Journal of the European Union


C 254/8





Prior notification of a concentration
(Case M.8127 — Volvo Car Corporation/Volverk/Volvofinans Bank)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 254/12)






1.


On 29 June 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 Volvo Car Corporation (‘VCC’, Sweden) and AB Volverkinvest (‘Volverk’, Sweden) acquire, within the meaning of Article 3(1)(b) of the Merger Regulation, joint control over Volvofinans Bank AB (‘Volvofinans’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for VCC: the design, development, manufacturing, marketing and wholesale of passenger cars and parts,
—   for Volverk: dealer association representing the Swedish Volvo car dealership network and currently solely controlling Volvofinans,
—   for Volvofinans: the provision of automotive financial services, fleet management services, credit card services and dealer financing.










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 the 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.8127 — Volvo Car Corporation/Volverk/Volvofinans Bank, 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.
Commission Implementing Regulation (EU) 2016/1241 of 13 July 2016 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Huile d'olive de Haute-Provence (PDO))
Date: 2016-07-13
Institutions: European Commission
Subjects: France, Provence-Alpes-Côte d'Azur, designation of origin, labelling, olive oil, product designation








L_2016204EN.01000101.xml










29.7.2016   


EN


Official Journal of the European Union


L 204/1








            COMMISSION IMPLEMENTING REGULATION (EU) 2016/1241
of 13 July 2016
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Huile d'olive de Haute-Provence (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 53(1) of Regulation (EU) No 1151/2012, the Commission has examined France's application for the approval of amendments to the specification for the protected designation of origin ‘Huile d'olive de Haute-Provence’, registered under Commission Regulation (EC) No 2036/2001 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 53(2) of Regulation (EU) No 1151/2012, the Commission published the amendment application in the Official Journal of the European Union (3) as required by Article 50(2)(a) of that Regulation.












(3)


As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the amendments to the specification should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name ‘Huile d'olive de Haute-Provence’ (PDO) are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 13 July 2016.


For the Commission,


On behalf of the President,

Phil HOGAN
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.

(2)  Commission Regulation (EC) No 2036/2001 of 17 October 2001 supplementing the Annex to Regulation (EC) No 2400/96 on the entry of certain names in the ‘Register of protected designations of origin and protected geographical indications’ provided for in Council Regulation (EEC) No 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 275, 18.10.2001, p. 9).

(3)  
            OJ C 108, 23.3.2016, p. 22.
Commission Regulation (EU) 2016/1133 of 8 July 2016 establishing a prohibition of fishing for saithe in VI; Union and international waters of Vb, XII and XIV by vessels flying the flag of Spain
Date: 2016-07-13
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_2016188EN.01001501.xml










13.7.2016   


EN


Official Journal of the European Union


L 188/15








            COMMISSION REGULATION (EU) 2016/1133
of 8 July 2016
         
establishing a prohibition of fishing for saithe in VI; Union and international waters of Vb, XII and XIV 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, 8 July 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


07/TQ72




Member State


Spain




Stock


POK/56-14




Species


Saithe (Pollachius virens)




Zone


VI; Union and international waters of Vb, XII and XIV




Closing date


2.6.2016