do-me/EUR-LEX huggingface dataset:
Case T-379/16: Action brought on 18 July 2016 — Basicmed Enterprises a.o. v Council a.o.
Date: 2016-07-18
Institutions: General Court
Subjects: Cyprus, aid system, equal treatment, indemnification, interest, ownership, principle of proportionality








C_2016383EN.01001402.xml










17.10.2016   


EN


Official Journal of the European Union


C 383/14





Action brought on 18 July 2016 — Basicmed Enterprises a.o. v Council a.o.
(Case T-379/16)
(2016/C 383/20)
Language of the case: English

Parties


Applicants: Basicmed Enterprises Ltd (Limassol, Cyprus) and 19 others (represented by: P. Tridimas, Barrister, K. Kakoulli, P. Panayides and C. Pericleous, lawyers)

Defendants: Council of the European Union, European Commission, European Central Bank, Eurogroup, European Union

Form of order sought

The applicants claim that the Court should:






—


order the defendants to pay the applicants the sums shown in the Schedule annexed to the application plus interest accruing from 16 March 2013 until the judgment of the Court; and










—


order the defendants to pay the costs.




In the alternative, by way of subsidiary claim, the applicants request the Court to:






—


find that the European Union and/or the defendant institutions have incurred non-contractual liability;










—


determine the procedure to be followed in order to establish the recoverable loss actually suffered by the applicants; and










—


order the defendants to pay the costs.





Pleas in law and main arguments

The applicants seek compensation pursuant to Articles 268, 340(2) and 340(3) TFEU, governing the extra-contractual liability of the EU and the ECB, for damage suffered by the diminution of the applicants’ deposits as a result of the bail-in scheme for the Republic of Cyprus adopted by the defendants.
The applicants consider that the bail-in measures adopted by the Republic of Cyprus were introduced solely in order to implement measures adopted by the defendants and were also approved by the defendant institutions. The applicants consider that the bail-in scheme is a serious violation and in support of their action, they rely on four pleas in law.






1.


First plea in law, alleging violation of the right to property, as protected by Article 17(1) of the Charter of Fundamental Rights of the EU and Article 1 of Protocol 1 of the European Convention for the Protection of Fundamental Rights and Freedoms.










2.


Second plea in law, alleging violation of the principle of proportionality.










3.


Third plea in law, alleging violation of the principle of protection of legitimate expectations.










4.


Fourth plea in law, alleging violation of the principle of non-discrimination.
Council Decision (EU) 2016/1204 of 18 July 2016 appointing a member, proposed by the Federal Republic of Germany of the Committee of the Regions
Date: 2016-07-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2016198EN.01004501.xml










23.7.2016   


EN


Official Journal of the European Union


L 198/45








            COUNCIL DECISION (EU) 2016/1204
of 18 July 2016
         
appointing a member, proposed by the Federal Republic of Germany 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 German 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 Tilman TÖGEL,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Frau Katrin BUDDE, Mitglied des Landtages von Sachsen-Anhalt.






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




Done at Brussels, 18 July 2016.


For the Council


The President

G. MATEČNÁ
            





(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).
Council Regulation (EU) 2016/1184 of 18 July 2016 amending Regulation (EU) 2015/2265 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018
Date: 2016-07-18
Institutions: Council of the European Union
Subjects: common organisation of markets, fishery product, food technology, frozen product, import (EU), sea fish, tariff quota








L_2016196EN.01000101.xml










21.7.2016   


EN


Official Journal of the European Union


L 196/1








            COUNCIL REGULATION (EU) 2016/1184
of 18 July 2016
         
amending Regulation (EU) 2015/2265 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


Council Regulation (EU) 2015/2265 (1) opens and provides for the management of autonomous Union tariff quotas for certain fishery products for the period 2016 to 2018. Appropriate volumes have been decided for each tariff quota so as to ensure an adequate supply to the Union industry for the period 2016 to 2018.












(2)


The third paragraph of footnote 2 of the Annex to Regulation (EU) 2015/2265 describes the processing operations for which certain tariff quotas may be used. That paragraph does not include slicing among the operations qualifying for the tariff quota bearing order No 09.2760 as regards frozen hake and pink cusk-eel.












(3)


For that tariff quota to be used, it is appropriate to include slicing as a qualifying operation.












(4)


Regulation (EU) 2015/2265 should therefore be amended accordingly.












(5)


The period in which the quotas opened by Regulation (EU) 2015/2265 apply in the first year runs from 1 January to 31 December 2016. Since it is necessary to ensure equal treatment of economic operators, this Regulation should be applied retroactively with effect from 1 January 2016,





HAS ADOPTED THIS REGULATION:



Article 1
In the third paragraph of footnote 2 of the Annex to Regulation (EU) 2015/2265, the following indent is added:







‘—


slicing for materials under CN codes ex 0303 66 11, 0303 66 12, 0303 66 13, 0303 66 19, 0303 89 70, 0303 89 90’.







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.
It shall apply from 1 January 2016.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 July 2016.


For the Council


The President

G. MATEČNÁ
            





(1)  Council Regulation (EU) 2015/2265 of 7 December 2015 opening and providing for the management of autonomous Union tariff quotas for certain fishery products for the period 2016-2018 (OJ L 322, 8.12.2015, p. 4).
Council Decision (EU) 2016/1218 of 18 July 2016 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2016-07-18
Institutions: Council of the European Union
Subjects: Bulgaria, Lebanon, Romania, accession to the European Union, association agreement (EU), protocol to an agreement, ratification of an agreement








L_2016201EN.01000101.xml










27.7.2016   


EN


Official Journal of the European Union


L 201/1








            COUNCIL DECISION (EU) 2016/1218
of 18 July 2016
         
on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with point (a) of Article 218(6) and Article 218(8) thereof,


Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The Protocol to the Euro-Mediterranean Association Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, (‘Protocol’) was signed on behalf of the Union and its Member States on 18 June 2015.












(2)


The Protocol should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, is hereby approved on behalf of the Union and its Member States to take account of the accession of the Republic of Bulgaria and Romania to the Union (1).


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




Done at Brussels, 18 July 2016.


For the Council


The President

F. MOGHERINI
            





(1)  The Protocol attached to the Decision on signature.
Council Decision (EU) 2016/1203 of 18 July 2016 appointing a member and an alternate member, proposed by the Kingdom of Spain of the Committee of the Regions
Date: 2016-07-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members




L_2016198EN.01004401.xml










23.7.2016   


EN


Official Journal of the European Union


L 198/44








            COUNCIL DECISION (EU) 2016/1203
of 18 July 2016
         
appointing a member and an alternate member, proposed by the Kingdom of Spain 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 Spanish 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 Francesc HOMS i MOLIST.












(3)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Roger ALBINYANA i SAIGÍ,





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 Jordi SOLÉ i FERRANDO, Secretario de Asuntos Exteriores y de la Unión Europea, Comunidad Autónoma de Cataluña,




and










(b)


as an alternate member:






—


Mr Amadeu ALTAFAJ i TARDIO, Representante Permanente ante la Unión Europea
                                  (*1)
, Comunidad Autónoma de Cataluña.










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




Done at Brussels, 18 July 2016.


For the Council


The President

G. MATEČNÁ
            





(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).

(*1)  The denomination of ‘Permanent Representative of the Autonomous Community of Catalonia to the European Union’ has been challenged by the Government of Spain before the High Court of Justice of Catalonia.