do-me/EUR-LEX huggingface dataset:
Case T-207/15: Judgment of the General Court of 14 September 2016 — National Iranian Tanker Company v Council (Common foreign and security policy — Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation — Freezing of funds — Res judicata — Right to an effective remedy — Error of assessment — Rights of the defence — Right to property — Proportionality)
Date: 2016-09-14
Institutions: General Court
Subjects: Iran, common foreign and security policy, economic sanctions, international sanctions, nuclear non-proliferation, ownership, principle of proportionality, rights of the defence, trade restriction








C_2016392EN.01003501.xml










24.10.2016   


EN


Official Journal of the European Union


C 392/35





Judgment of the General Court of 14 September 2016 — National Iranian Tanker Company v Council
(Case T-207/15) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Res judicata - Right to an effective remedy - Error of assessment - Rights of the defence - Right to property - Proportionality))
(2016/C 392/44)
Language of the case: English

Parties


Applicant: National Iranian Tanker Company (Tehran, Iran) (represented by: T. de la Mare QC, M. Lester, J. Pobjoy, Barristers, R. Chandrasekera, S. Ashley and C. Murphy, Solicitors)

Defendant: Council of the European Union (represented initially by N. Rouam and M. Bishop, and subsequently by M. Bishop and A. Vitro, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 39, p. 18) and Council Implementing Regulation (EU) No 2015/230 of 12 February 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 39, p. 3), in so far as those measures concern the applicant, or, in the alternative, application under Article 277 TFEU for a declaration of inapplicability of Article 20(1)(c) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and of Article 23(2)(d) of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as those provisions apply to the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders National Iranian Tanker Company and the Council of the European Union to bear their own costs.






(1)  OJ C 245, 27.7.2015.
Case C-596/14: Judgment of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Ana de Diego Porras v Ministerio de Defensa (Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Compensation for termination of a contract of employment — Compensation not provided for by the national legislation for temporary employment contracts — Difference of treatment as compared with permanent workers)
Date: 2016-09-14
Institutions: Court of Justice
Subjects: BusinessEurope, European Centre of Enterprises with Public Participation, European Trade Union Confederation, equal treatment, framework agreement, severance pay, temporary employment, termination of a contract, work contract, working conditions








C_2016419EN.01000902.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/9





Judgment of the Court (Tenth Chamber) of 14 September 2016 (request for a preliminary ruling from the Tribunal Superior de Justicia de Madrid — Spain) — Ana de Diego Porras v Ministerio de Defensa
(Case C-596/14) (1)

((Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Concept of ‘employment conditions’ - Compensation for termination of a contract of employment - Compensation not provided for by the national legislation for temporary employment contracts - Difference of treatment as compared with permanent workers))
(2016/C 419/11)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Madrid

Parties to the main proceedings


Applicant: Ana de Diego Porras

Defendant: Ministerio de Defensa

Operative part of the judgment







1.


Clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that the concept of ‘employment conditions’ covers the compensation that the employer must pay to an employee on account of the termination of his fixed-term employment contract.










2.


Clause 4 of the framework agreement on fixed-term work annexed to Directive 1999/70 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which fails to provide any compensation for termination of a contract of employment to a worker employed under a temporary replacement contract while allowing such compensation to be granted, inter alia, to comparable workers employed under a contract of indefinite duration. The mere fact that the worker has carried out his work on the basis of a temporary replacement contract cannot constitute an objective ground justifying the failure to grant such compensation to that worker.






(1)  OJ C 96, 23.3.2015.
Joined Cases C-490/15 P and C-505/15 P: Judgment of the Court (Sixth Chamber) of 14 September 2016 — Ori Martin SA C-490/15 P), Siderurgica Latina Martin SpA (SLM) (C-505/15 P) v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — European prestressing steel market — Fines — Setting of the fines — Regulation (EC) No 1/2003 — Article 23(2) — Presumption of actual exercise of decisive influence by the parent company over the subsidiary — The 2006 Guidelines on the method of setting fines — Principle of non-retroactivity — Charter of Fundamental Rights of the European Union — Article 47 — Right to an effective remedy within a reasonable time — Charter of Fundamental Rights — Article 41 — Right to proceedings being conducted within a reasonable time)
Date: 2016-09-14
Institutions: Court of Justice
Subjects: cartel, competition policy, market-sharing agreement, parent company, price agreement, retroactivity of a law, right to justice, sanction (EU), steel, subsidiary








C_2016419EN.01002301.xml










14.11.2016   


EN


Official Journal of the European Union


C 419/23





Judgment of the Court (Sixth Chamber) of 14 September 2016 — Ori Martin SA C-490/15 P), Siderurgica Latina Martin SpA (SLM) (C-505/15 P) v European Commission
(Joined Cases C-490/15 P and C-505/15 P) (1)

((Appeal - Competition - Agreements, decisions and concerted practices - European prestressing steel market - Fines - Setting of the fines - Regulation (EC) No 1/2003 - Article 23(2) - Presumption of actual exercise of decisive influence by the parent company over the subsidiary - The 2006 Guidelines on the method of setting fines - Principle of non-retroactivity - Charter of Fundamental Rights of the European Union - Article 47 - Right to an effective remedy within a reasonable time - Charter of Fundamental Rights - Article 41 - Right to proceedings being conducted within a reasonable time))
(2016/C 419/30)
Language of the case: Italian

Parties


Appellants: Ori Martin SA (C-490/15 P), Siderurgica Latina Martin SpA (SLM) (C-505/15 P) (represented by: G. Belotti and P. Ziotti, avvocati)

Other party to the proceedings: European Commission (represented by: V. Bottka, G. Conte and P. Rossi, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeals in cases C-490/15 P and C-505/15 P;










2.


Orders Ori Martin SA to pay the costs in Case C-490/15 P;










3.


Orders Siderurgica Latina Martin SpA (SLM) to pay the costs in Case C-505/15 P.






(1)  OJ C 406, 7.12.2015.
Case T-468/15: Order of the General Court of 14 September 2016 — Souruh v Council
Date: 2016-09-14
Institutions: General Court
Subjects: Syria, building industry, economic sanctions, goodwill, international sanctions, ownership, right to justice, rights of the defence








C_2016410EN.01003403.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/34





Order of the General Court of 14 September 2016 — Souruh v Council
(Case T-468/15) (1)

(2016/C 410/54)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 337, 12.10.2015.
Case T-714/15: Order of the General Court of 14 September 2016 — Makhlouf v Council
Date: 2016-09-14
Institutions: General Court
Subjects: common foreign and security policy, damages, economic sanctions, fundamental rights, indemnification, international sanctions, trade restriction








C_2016410EN.01003604.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/36





Order of the General Court of 14 September 2016 — Makhlouf v Council
(Case T-714/15) (1)

(2016/C 410/65)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 59, 15.2.2016.
Case T-709/15: Order of the General Court of 14 September 2016 — Almashreq Investment Fund v Council
Date: 2016-09-14
Institutions: General Court
Subjects: common foreign and security policy, economic sanctions, goodwill, indemnification, international sanctions, ownership








C_2016410EN.01003601.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/36





Order of the General Court of 14 September 2016 — Almashreq Investment Fund v Council
(Case T-709/15) (1)

(2016/C 410/62)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 59, 15.2.2016.
Case C-493/16: Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 14 September 2016 — Sicurbau Srl and Others v Ministero delle Infrastrutture e dei Trasporti and Others
Date: 2016-09-14
Institutions: Court of Justice
Subjects: Italy, award of contract, equal treatment, free movement of goods, freedom to provide services, invitation to tender, national law, principle of legal certainty, principle of proportionality, right of establishment








C_2016454EN.01001702.xml










5.12.2016   


EN


Official Journal of the European Union


C 454/17






Request for a preliminary ruling from the Tribunale Amministrativo Regionale della Campania (Italy) lodged on 14 September 2016 — Sicurbau Srl and Others v Ministero delle Infrastrutture e dei Trasporti and Others
(Case C-493/16)
(2016/C 454/31)
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale della Campania

Parties to the main proceedings


Applicants: Sicurbau Srl, IGR — Imprese Generali Riunite Srl, Iterga Costruzioni Generali SpA, Pa.Co. — Pacifico Costruzioni SpA

Defendants: Ministero delle Infrastrutture e dei Trasporti, Autorità Portuale di Napoli, Soa Rina SpA

Question referred

Do the Community principles of the protection of legitimate expectations and legal certainty, together with the principles of the free movement of goods, the freedom of establishment and the freedom to provide services, laid down in the Treaty on the Functioning of the European Union (TFEU), as well as the principles deriving therefrom, such as equality of treatment, non-discrimination, mutual recognition, proportionality and transparency, referred to (most recently) in Directive 2014/24/EU, (1) preclude national legislation, such as the Italian legislation founded on the combined provisions of Articles 87(4) and 86(3 bis) of Legislative Decree No 163 of 2006 and Article 26(6) of Legislative Decree No 81 of 2008, as interpreted, with a view to securing proper respect for, and uniform application of, the law, pursuant to Article 99 of the Code of Administrative Procedure, by judgments No 3 and No 9 of 2015 of the Plenary Assembly of the Consiglio di Stato, according to which the failure to list the corporate safety and security costs separately in tenders in a procedure for the award of a public works contract inevitably results in the exclusion of the tendering undertaking concerned, even in the case where the obligation to list that information separately was not set out in the tender rules, and even though, in substantive terms, the tender in question took into account the minimum costs of corporate safety and security?


(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).
Commission Regulation (EU) 2016/1677 of 14 September 2016 establishing a prohibition of fishing for Norway lobster in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium
Date: 2016-09-14
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2016254EN.01000601.xml










20.9.2016   


EN


Official Journal of the European Union


L 254/6








            COMMISSION REGULATION (EU) 2016/1677
of 14 September 2016
         
establishing a prohibition of fishing for Norway lobster in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium


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, 14 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


25/TQ72




Member State


Belgium




Stock


NEP/8ABDE.




Species


Norway lobster (Nephrops Norvegicus)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Closing date


20.8.2016
Prior notification of a concentration (Case M.7878 — HeidelbergCement/Schwenk/Cemex Croatia) (Text with EEA relevance)
Date: 2016-09-14
Institutions: European Commission
Subjects: building industry, economic concentration, merger control








C_2016337EN.01000701.xml










14.9.2016   


EN


Official Journal of the European Union


C 337/7





Prior notification of a concentration
(Case M.7878 — HeidelbergCement/Schwenk/Cemex Croatia)
(Text with EEA relevance)
(2016/C 337/06)






1.


On 5 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings HeidelbergCement AG (Germany) and Schwenk Zement KG (Germany) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the undertaking Cemex Hrvatska d.d. (Croatia) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for HeidelbergCement: production and distribution of cement, clinker and other cement additives, aggregates, ready-mixed concrete, concrete products, screed, asphalt and sand-lime brick stones,
—   for Schwenk: production of cement, clinker, ready-mixed concrete, concrete products and services as well as aggregates,
—   for Cemex Hrvatska: production of cement, clinker, ready-mixed concrete and aggregates in the Western Balkan region.










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.










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 M.7878 — HeidelbergCement/Schwenk/Cemex Croatia, 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’).
Case T-470/15: Order of the General Court of 14 September 2016 — Cham v Council
Date: 2016-09-14
Institutions: General Court
Subjects: Syria, economic sanctions, goodwill, international sanctions, investment company, ownership, right to justice, rights of the defence








C_2016410EN.01003405.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/34





Order of the General Court of 14 September 2016 — Cham v Council
(Case T-470/15) (1)

(2016/C 410/56)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 337, 12.10.2015.
Case T-664/16: Action brought on 14 September 2016 — PJ v EUIPO — Erdmann & Rossi (Erdmann & Rossi)
Date: 2016-09-14
Institutions: General Court
Subjects: EU trade mark, general mechanical engineering, motor car, motor vehicle, registered trade mark, trade-mark law








C_2017070EN.01002201.xml










6.3.2017   


EN


Official Journal of the European Union


C 70/22





Action brought on 14 September 2016 — PJ v EUIPO — Erdmann & Rossi (Erdmann & Rossi)
(Case T-664/16)
(2017/C 070/31)
Language in which the application was lodged: German

Parties


Applicant: PJ (represented by: B. Schürmann, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Erdmann & Rossi GmbH (Berlin, Germany)

Details of the proceedings before EUIPO


Proprietor of the mark at issue: Applicant

Mark at issue: EU word mark ‘Erdmann & Rossi’ — EU trade mark No 10 310 481

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 July 2016 in Case R 1670/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings and the invalidity proceedings before the Board of Appeal and the Cancellation Division.





Pleas in law







—


infringement of Articles 52, 56, 63, 75 and 76 of Regulation No 207/2009










—


infringement of Rules 50, 55 and 94 of Regulation No 2868/95;










—


infringement of Article 12 of Regulation No 216/96;










—


infringement of Article 6 ECHR;










—


infringement of Articles 47 and 48 of the Charter of Fundamental Rights.
Case T-464/15: Order of the General Court of 14 September 2015 — Othman v Council
Date: 2016-09-14
Institutions: General Court
Subjects: Syria, economic sanctions, fundamental rights, human rights, international sanctions, ownership, right to justice, rights of the defence, trade restriction








C_2016410EN.01003304.xml










7.11.2016   


EN


Official Journal of the European Union


C 410/33





Order of the General Court of 14 September 2015 — Othman v Council
(Case T-464/15) (1)

(2016/C 410/50)
Language of the case: French
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 337, 12.10.2015.