do-me/EUR-LEX huggingface dataset:
Case T-761/15: Order of the General Court of 13 September 2016 — Sogepa v Commission (Action for annulment — State aid — Crystal-ware — Aid in the form of a loan — Decision declaring the aid incompatible with the internal market — Obligation to recover the aid granted to an insolvent undertaking — Disregard of formal requirements — Inadmissibility)
Date: 2016-09-13
Institutions: General Court
Subjects: Belgium, State aid, aid to undertakings, company in difficulties, control of State aid, glass industry, loan








C_2016410EN.01002002.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/20





Order of the General Court of 13 September 2016 — Sogepa v Commission
(Case T-761/15) (1)

((Action for annulment - State aid - Crystal-ware - Aid in the form of a loan - Decision declaring the aid incompatible with the internal market - Obligation to recover the aid granted to an insolvent undertaking - Disregard of formal requirements - Inadmissibility))
(2016/C 410/28)
Language of the case: French

Parties


Applicant: Société wallonne de gestion et de participations (Sogepa) (Liège, Belgium) (represented by: A. Lepièce and H. Baeyens, lawyers)

Defendant: European Commission (represented by: J.-F. Brakeland, L. Armati and B. Stromsky, acting as Agents)

Re:

Application based on Article 263 TFEU and asking for annulment of Articles 3 to 6 of Commission decision (EU) 2015/1825 of 31 July 2014 on non-notified State aid SA.34791 (2013/C) (ex 2012/NN) — Belgium — Rescue aid for Val Saint-Lambert SA (OJ 2015 L 269, p. 47).

Operative part of the order







1.


The action is dismissed as being inadmissible.










2.


Société wallonne de gestion et de participations (Sogepa) is ordered to bear, in addition to its own costs, those incurred by the European Commission.






(1)  OJ C 68, 22.2.2016.
Case T-544/15: Order of the General Court of 13 September 2016 — Terna v Commission (Action for annulment — Union list of projects of common interest — EU financial aid in two projects in the area of trans-European energy networks — Reduction of the financial aid initially granted following an audit — Preparatory measure — Measure not open to challenge — Inadmissibility)
Date: 2016-09-13
Institutions: General Court
Subjects: EU aid, audit, energy grid, financial aid, reimbursement of aid, trans-European network








C_2016402EN.01004601.xml










31.10.2016   


EN


Official Journal of the European Union


C 402/46





Order of the General Court of 13 September 2016 — Terna v Commission
(Case T-544/15) (1)

((Action for annulment - Union list of projects of common interest - EU financial aid in two projects in the area of trans-European energy networks - Reduction of the financial aid initially granted following an audit - Preparatory measure - Measure not open to challenge - Inadmissibility))
(2016/C 402/54)
Language of the case: Italian

Parties


Applicant: Terna — Rete elettrica nazionale SpA (Rome, Italy) (represented by: A. Police, L. Di Via, F. Covone and D. Carria, lawyers)

Defendant: European Commission (represented by: O. Beynet, L. Di Paolo and A. Tokár, acting as Agents)

Re:

Application based on Article 263 TFEU and seeking annulment of the decision which contained the Commission’s letter, of 6 July 2015, reducing the financial aid initially granted in the context of two projects (projects 2009-E255/09-ENER/09/TEN-E-S12.564583 and 2007-E 221/07/2007-TREN/07TEN-E-S07.91403) in the area of trans-European energy networks.

Operative part of the order







1.


The action is dismissed.










2.


Terna — Rete elettrica nazionale SpA shall pay the costs.






(1)  OJ C 363, 3.11.2015.
Information communicated by Member States regarding closure of fisheries
Date: 2016-09-13
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing








C_2016336EN.01000301.xml










13.9.2016   


EN


Official Journal of the European Union


C 336/3





Information communicated by Member States regarding closure of fisheries
(2016/C 336/03)
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


2.7.2016




Duration


2.7.2016–31.12.2016




Member State


Belgium




Stock or Group of stocks


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)





Zone


VIIb-k, VIII, IX and X; Union waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


16/TQ72






(1)  OJ L 343, 22.12.2009, p. 1.
European Parliament decision of 13 September 2016 on the nomination of João Alexandre Tavares Gonçalves de Figueiredo as a Member of the Court of Auditors (C8-0260/2016 — 2016/0809(NLE))
Date: 2016-09-13
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2018204EN.01021501.xml










13.6.2018   


EN


Official Journal of the European Union


C 204/215





P8_TA(2016)0329
Nomination of a Member of the Court of Auditors — João Alexandre Tavares Gonçalves de Figueiredo
European Parliament decision of 13 September 2016 on the nomination of João Alexandre Tavares Gonçalves de Figueiredo as a Member of the Court of Auditors (C8-0260/2016 — 2016/0809(NLE))
(Consultation)
(2018/C 204/30)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0260/2016),










—


having regard to Rule 121 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0259/2016),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 5 September 2016 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a favourable opinion on the Council’s nomination of João Alexandre Tavares Gonçalves de Figueiredo as a Member of the Court of Auditors;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
Case T-390/15: Judgment of the General Court of 13 September 2016 — Perfetti Van Melle Benelux v EUIPO — PepsiCo (3D) (EU trade mark — Opposition proceedings — Application for EU figurative mark 3D — Earlier EU word and figurative marks 3D’S and 3D’s — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No (EC) No 207/2009)
Date: 2016-09-13
Institutions: General Court
Subjects: EU trade mark, confectionery product, registered trade mark, trade-mark law








C_2016392EN.01003701.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/37





Judgment of the General Court of 13 September 2016 — Perfetti Van Melle Benelux v EUIPO — PepsiCo (3D)
(Case T-390/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark 3D - Earlier EU word and figurative marks 3D’S and 3D’s - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No (EC) No 207/2009))
(2016/C 392/47)
Language of the case: English

Parties


Applicant: Perfetti Van Melle Benelux BV (Breda, Netherlands) (represented by: P. Testa, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PepsiCo, Inc. (New York, New York, United States) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 8 May 2015 (Case R 465/2014-5), relating to opposition proceedings between PepsiCo and Perfetti Van Melle Benelux.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Perfetti Van Melle Benelux BV to pay the costs.






(1)  OJ C 311, 21.9.2015.
Calls for proposals under the work programme for grants in the field of the trans-European telecommunication networks under the Connecting Europe Facility for the period 2014-2020 (Commission Implementing Decision C(2016) 1225)
Date: 2016-09-13
Institutions: European Commission
Subjects: EU aid, action programme, financial aid, invitation to tender, trans-European network, transmission network








C_2016336EN.01000401.xml










13.9.2016   


EN


Official Journal of the European Union


C 336/4





Calls for proposals under the work programme for grants in the field of the trans-European telecommunication networks under the Connecting Europe Facility for the period 2014-2020
(Commission Implementing Decision C(2016) 1225)
(2016/C 336/05)
The European Commission, Directorate-General for Communications Networks, Content and Technology, is hereby launching four calls for proposals in order to award grants to projects in accordance with the priorities and objectives defined in the 2016 work programme in the field of the trans-European telecommunication networks under the Connecting Europe Facility for the period 2014-2020.
Proposals are invited for the following four calls:






 


CEF-TC-2016-3: Automated Translation










 


CEF-TC-2016-3: Cyber Security










 


CEF-TC-2016-3: eInvoicing










 


CEF-TC-2016-3: Europeana




The total indicative budget available for proposals selected under these calls is EUR 27,5 million.
The deadline for the submission of proposals is 15 December 2016.

The respective call documentation is available on the CEF Telecom website: https://ec.europa.eu/inea/en/connecting-europe-facility/cef-telecom/apply-funding/2016-cef-telecom-calls-proposals
Case T-654/16: Action brought on 13 September 2016 — Foshan Lihua Ceramic v Commission
Date: 2016-09-13
Institutions: General Court
Subjects: China, abuse of power, anti-dumping duty, building materials, ceramics, equal treatment, import (EU), originating product, rights of the defence








C_2016428EN.01001901.xml










21.11.2016   


EN


Official Journal of the European Union


C 428/19





Action brought on 13 September 2016 — Foshan Lihua Ceramic v Commission
(Case T-654/16)
(2016/C 428/21)
Language of the case: English

Parties


Applicant: Foshan Lihua Ceramic Co. Ltd (Foshan City, China) (represented by: B. Spinoit and D. Philippe, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Decision C(2016) 2136 of 11 July 2016, rejecting a request for a partial interim review limited to dumping aspects with regard to the definitive anti-dumping measures imposed on imports of ceramic tiles originating in the People's Republic of China by Council Implementing Regulation (EU) No 917/2011;










—


order the Commission to bear the applicant’s costs





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law alleging that the defendant infringed Article 17(3) in conjunction with Article 11(3) and Article 11(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community. (1)



(1)  OJ 2009, L 343, p. 51.
European Parliament decision of 13 September 2016 on the nomination of Leo Brincat as a Member of the Court of Auditors (C8-0185/2016 — 2016/0806(NLE))
Date: 2016-09-13
Institutions: Committee on Budgetary Control, European Parliament
Subjects: appointment of members, member of the Court of Auditors (EU)








C_2018204EN.01021601.xml










13.6.2018   


EN


Official Journal of the European Union


C 204/216





P8_TA(2016)0330
Nomination of a Member of the Court of Auditors — Leo Brincat
European Parliament decision of 13 September 2016 on the nomination of Leo Brincat as a Member of the Court of Auditors (C8-0185/2016 — 2016/0806(NLE))
(Consultation)
(2018/C 204/31)

The European Parliament,






—


having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0185/2016),










—


having regard to Rule 121 of its Rules of Procedure,










—


having regard to the report of the Committee on Budgetary Control (A8-0257/2016),










A.


whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;










B.


whereas at its meeting of 5 September 2016 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;












1.


Delivers a negative opinion on the Council’s nomination of Leo Brincat as a Member of the Court of Auditors and calls on the Council to withdraw its nomination and submit a new one to Parliament;












2.


Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.
European Parliament legislative resolution of 13 September 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures (08536/1/2016 — C8-0226/2016 — 2013/0279(COD))
Date: 2016-09-13
Institutions: Committee on International Trade, European Parliament
Subjects: EU statistics, European Commission, foreign trade, power of implementation, powers of the institutions (EU), third country, trade statistics, transfer of competence








C_2018204EN.01021701.xml










13.6.2018   


EN


Official Journal of the European Union


C 204/217





P8_TA(2016)0331
Statistics relating to external trade with non-member countries (delegated and implementing powers) ***II
European Parliament legislative resolution of 13 September 2016 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures (08536/1/2016 — C8-0226/2016 — 2013/0279(COD))
(Ordinary legislative procedure: second reading)
(2018/C 204/32)

The European Parliament,






—


having regard to the Council position at first reading (08536/1/2016 — C8-0226/2016),










—


having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2013)0579),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 76 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on International Trade (A8-0240/2016),












1.


Approves the Council position at first reading;












2.


Notes that the act is adopted in accordance with the Council position;












3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;












4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;












5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  Texts adopted of 12.3.2014, P7_TA(2014)0226.
Commission Regulation (EU) 2016/1664 of 13 September 2016 establishing a prohibition of fishing for cod in Greenland waters of NAFO 1F and Greenland waters of XIV by vessels flying the flag of Germany
Date: 2016-09-13
Institutions: European Commission
Subjects: Atlantic Ocean, Germany, Greenland, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2016249EN.01002301.xml










16.9.2016   


EN


Official Journal of the European Union


L 249/23








            COMMISSION REGULATION (EU) 2016/1664
of 13 September 2016
         
establishing a prohibition of fishing for cod in Greenland waters of NAFO 1F and Greenland waters of XIV by vessels flying the flag of Germany


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, 13 September 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


21/TQ72




Member State


Germany




Stock


COD/N1GL14




Species


Cod (Gadus morhua.)




Zone


Greenland waters of NAFO 1F and Greenland waters of XIV




Closing date


19.8.2016
Case C-304/14: Judgment of the Court (Grand Chamber) of 13 September 2016 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) — United Kingdom) — Secretary of State for the Home Department v CS (Reference for a preliminary ruling — Citizenship of the Union — Article 20 TFEU — Third-country national having a young dependent child who is a Union citizen — Right to reside in the Member State of which the child is a national — Criminal convictions of the child’s parent — Decision to expel the parent resulting in the indirect expulsion of the child concerned)
Date: 2016-09-13
Institutions: Court of Justice
Subjects: EU Member State, European citizenship, child, criminal record, dependant, family relationship, foreign national, nationality, removal, residence permit








C_2016419EN.01000301.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/3





Judgment of the Court (Grand Chamber) of 13 September 2016 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) — United Kingdom) — Secretary of State for the Home Department v CS
(Case C-304/14) (1)

((Reference for a preliminary ruling - Citizenship of the Union - Article 20 TFEU - Third-country national having a young dependent child who is a Union citizen - Right to reside in the Member State of which the child is a national - Criminal convictions of the child’s parent - Decision to expel the parent resulting in the indirect expulsion of the child concerned))
(2016/C 419/03)
Language of the case: English

Referring court

Upper Tribunal (Immigration and Asylum Chamber)

Parties to the main proceedings


Appellant: Secretary of State for the Home Department

Respondent: CS

Operative part of the judgment

Article 20 TFEU must be interpreted as precluding legislation of a Member State which requires a third-country national who has been convicted of a criminal offence to be expelled from the territory of that Member State to a third country notwithstanding the fact that that national is the primary carer of a young child who is a national of that Member State, in which he has been residing since birth without having exercised his right of freedom of movement, when the expulsion of the person concerned would require the child to leave the territory of the European Union, thereby depriving him of the genuine enjoyment of the substance of his rights as a Union citizen. However, in exceptional circumstances a Member State may adopt an expulsion measure provided that it is founded on the personal conduct of that third-country national, which must constitute a genuine, present and sufficiently serious threat adversely affecting one of the fundamental interests of the society of that Member State, and that it is based on consideration of the various interests involved, matters which are for the national court to determine.


(1)  OJ C 315, 15.9.2014.