do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) 2017/1448 of 7 August 2017 establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union
Date: 2017-08-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Atlantic Ocean, EU Member State, catch area, catch by species, catch quota, fishing rights, international waters, sea fish, sea fishing, ship's flag








L_2017208EN.01000301.xml










11.8.2017   


EN


Official Journal of the European Union


L 208/3








            COMMISSION REGULATION (EU) 2017/1448
of 7 August 2017
         
establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union


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) 2017/127 (2) lays down quotas for 2017.












(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 2017.












(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 2017 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, 7 August 2017.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 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 (OJ L 24, 28.1.2017, p. 1).




ANNEX






No


12/TQ127




Member State


European Union (all Member States)




Stock


RED/N3M.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Closing date


9.7.2017 at 19:00 UTC
Case T-509/17: Action brought on 7 August 2017 — Cartera de Inversiones Melca and Others v Commission and SRB
Date: 2017-08-07
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017347EN.01004001.xml










16.10.2017   


EN


Official Journal of the European Union


C 347/40





Action brought on 7 August 2017 — Cartera de Inversiones Melca and Others v Commission and SRB
(Case T-509/17)
(2017/C 347/52)
Language of the case: Spanish

Parties


Applicants: Cartera de Inversiones Melca, SL (Avilés, Spain), Servicios Inmobiliarios Avilés, SL (Avilés), Hotel Avilés, SA (Avilés), Arside Construcciones Mecánicas, SA (Carreño, Spain) (represented by: B. Gutiérrez de la Roza Pérez, P. Rubio Escobar, R. Ruiz de la Torre Esporrín and B. Fernández García, lawyers)

Defendants: European Commission and Single Resolution Board

Form of order sought

The applicants claim that the General Court should annul:






—


Decision SRB/EES/2017/08 of the Single Resolution Board taken at its executive session of 7 June 2017 adopting the resolution scheme regarding the institution Banco Popular Español S.A.;










—


Commission Decision (EU) 2017/1246 of 7 June 2017 endorsing the resolution scheme for Banco Popular Español.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Case T-524/17: Action brought on 7 August 2017 — Folch Torrela and Others v SRB
Date: 2017-08-07
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017357EN.01002102.xml










23.10.2017   


EN


Official Journal of the European Union


C 357/21





Action brought on 7 August 2017 — Folch Torrela and Others v SRB
(Case T-524/17)
(2017/C 357/28)
Language of the case: Spanish

Parties


Applicants: Ángel Folch Torrela (Terrassa, Spain) and 42 other applicants (represented by: V. Clavell Hernández, C. de Santiago Álvarez y J. Redondo Martín, lawyers)

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


declare that, by adopting in its executive session of 7 June 2017 Decision SRB/EES/2017/08 establishing the resolution scheme in respect of the financial institution Banco Popular Español S.A., the Single Resolution Board (‘the SRB’) infringed EU law;










—


consequently, annul that measure, and any subsequent implementing measures too that the SRB may have adopted, with effect ex tunc.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Case T-500/17: Action brought on 7 August 2017 — Hubei Xinyegang Special Tube v Commission
Date: 2017-08-07
Institutions: General Court
Subjects: China, anti-dumping duty, import (EU), iron, originating product, piping, steel, tube








C_2017318EN.01002501.xml










25.9.2017   


EN


Official Journal of the European Union


C 318/25





Action brought on 7 August 2017 — Hubei Xinyegang Special Tube v Commission
(Case T-500/17)
(2017/C 318/32)
Language of the case: English

Parties


Applicant: Hubei Xinyegang Special Tube Co. Ltd (Huangshi, China) (represented by: E. Vermulst and J. Cornelis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Regulation (EU) 2017/804 of 11 May 2017 imposing a definitive anti-dumping duty on imports of certain seamless pipes and tubes of iron (other than cast iron) or steel (other than stainless steel), of circular cross-section, of an external diameter exceeding 406,4 mm, originating in the People’s Republic of China (OJ 2017 L 121, p. 3) at least as far as the applicant is concerned; and










—


order the European Commission to pay the applicant’s costs.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission violated Articles 3(2) and (3) Basic Regulation (1) as well as Articles 3.1 and 3.2 WTO Anti-Dumping Agreement in determining price undercutting. According to the applicant, the Commission merely conducted a mathematical comparison between prices for the year 2015 only without undertaking a dynamic assessment of price developments and trends in the relationship between imported prices and domestic prices. The applicant further puts forward that the Commission also did not establish price undercutting for the product as a whole.










2.


Second plea in law, alleging that the Commission violated Article 3(6) Basic Regulation (and Article 3.5 WTO Anti-Dumping Agreement) in basing the causation analysis on an illegal undercutting determination.










3.


Third plea in law, alleging that in establishing a causal link between the dumped imports and the injury to the Union industry, the Commission committed a manifest error in finding that (1) there was a correlation between the dumped imports and the injury to the Union industry; and (2) that other factors (decrease in export performance and demand and an increase of imports from other countries) did not individually or collectively break this causal link.










4.


Fourth plea in law, alleging that the Commission breached its obligation of due diligence and proper administration by refusing to engage in an injury and causation analysis by segment, thereby failing to ensure that its injury and causation findings were not distorted.






(1)  Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ 2016 L 176, p. 21).
Case T-535/17: Action brought on 7 August 2017 — Asociación de Consumidores de Navarra ‘Irache’ v SRB
Date: 2017-08-07
Institutions: General Court
Subjects: Spain, abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017369EN.01002202.xml










30.10.2017   


EN


Official Journal of the European Union


C 369/22





Action brought on 7 August 2017 — Asociación de Consumidores de Navarra ‘Irache’ v SRB
(Case T-535/17)
(2017/C 369/34)
Language of the case: Spanish

Parties


Applicant: Asociación de Consumidores de Navarra ‘Irache’ (Pamplona, Spain) (represented by: J. Sanjurjo San Martín, lawyer)

Defendant: Single Resolution Board

Form of order sought

The applicant claims that the Court should:






—


Annul the contested decision, declare the transactions carried out under it ineffective and order the return of the property of the Banco Popular Español, S.A. to the shareholders and bond-holders concerned, putting them back in the position they were in before the intervention;










—


If that is not possible, declare in any event that the conversion of the bonds into shares is ineffective, maintaining bond-holders in the same position as they were in on 6 June 2017 and order the payment of compensation to shareholders by payment corresponding to the actual value of the bank and, accordingly, of the shares on 30 June 2016.





Pleas in law and main arguments

The pleas in law and main arguments are similar to those put forward in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán el Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sáchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Case T-512/17: Action brought on 7 August 2017 — OCU and Others v SRB
Date: 2017-08-07
Institutions: General Court
Subjects: abuse of power, aid for restructuring, company in difficulties, credit institution, damages, financial solvency, ownership, right to justice








C_2017338EN.01001701.xml










9.10.2017   


EN


Official Journal of the European Union


C 338/17





Action brought on 7 August 2017 — OCU and Others v SRB
(Case T-512/17)
(2017/C 338/18)
Language of the case: Spanish

Parties


Applicants: Organización de Consumidores y Usuarios (OCU) (Madrid, Spain) and 37 other applicants

Defendant: Single Resolution Board

Form of order sought

The applicants claim that the General Court should:






—


annul the contested decision;










—


declare that Articles 18 and 29 of Regulation (EU) No 806/2014 are unlawful and inapplicable;










—


order the defendant, the Single Resolution Board, to pay the costs.





Pleas in law and main arguments

The present action is brought against Decision SRB/EES/2017/08 of the Single Resolution Board of 7 June 2017 concerning the adoption of a resolution scheme regarding the Banco Popular Español, S.A.
The pleas in law and main arguments are similar to those raised in Cases T-478/17, Mutualidad de la Abogacía and Hermandad Nacional de Arquitectos Superiores y Químicos v Single Resolution Board, T-481/17, Fundación Tatiana Pérez de Guzmán y Bueno and SFL v Single Resolution Board, T-482/17, Comercial Vascongada Recalde v Commission and Single Resolution Board, T-483/17, García Suárez and Others v Commission and Single Resolution Board, T-484/17, Fidesban and Others v Single Resolution Board, T-497/17, Sánchez del Valle and Calatrava Real State 2015 v Commission and Single Resolution Board, and T-498/17, Pablo Álvarez de Linera Granda v Commission and Single Resolution Board.
Commission Regulation (EU) 2017/1451 of 7 August 2017 establishing a temporary prohibition of fishing for cod in area VIIa by vessels flying the flag of Belgium
Date: 2017-08-07
Institutions: Directorate-General for Maritime Affairs and Fisheries, European Commission
Subjects: Belgium, EU waters, Irish Sea, catch area, catch by species, catch quota, fishing rights, sea fish, sea fishing, ship's flag








L_2017208EN.01000901.xml










11.8.2017   


EN


Official Journal of the European Union


L 208/9








            COMMISSION REGULATION (EU) 2017/1451
of 7 August 2017
         
establishing a temporary prohibition of fishing for cod in area VIIa 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 Union 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) 2017/127 (2) lays down quotas for 2017.












(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 2017.












(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 2017 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, 7 August 2017.


For the Commission,


On behalf of the President,

João AGUIAR MACHADO
            

Director-General


Directorate-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  Council Regulation (EU) 2017/127 of 20 January 2017 fixing for 2017 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 (OJ L 24, 28.1.2017, p. 1).




ANNEX






No


09/TQ127




Member State


Belgium




Stock


COD/07A.




Species


Cod (Gadus morhua)




Zone


VIIa




Closing date


21.6.2017