do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1010/2010 of 8 November 2010 establishing a prohibition of fishing for redfish in NAFO 3M by vessels flying the flag of Spain
Date: 2010-11-08
Institutions: European Commission
Subjects: Spain, catch quota, fishing area, fishing rights, sea fish, ship's flag








L_2010292EN.01003001.xml










10.11.2010   


EN


Official Journal of the European Union


L 292/30








            COMMISSION REGULATION (EU) No 1010/2010
of 8 November 2010
         
establishing a prohibition of fishing for redfish in NAFO 3M 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) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(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 2010.












(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 2010 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 November 2010.


For the Commission, On behalf of the President,
Fokion FOTIADIS
            

Director-General for Maritime Affairs and Fisheries






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

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


8/T&Q




Member State


Spain




Stock


RED/03M.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Date


13.4.2010
Council Decision 2010/677/CFSP of 8 November 2010 repealing Common Position 98/409/CFSP concerning Sierra Leone
Date: 2010-11-08
Institutions: Council of the European Union
Subjects: Sierra Leone, UN Security Council, UNO, international sanctions, marketing restriction, restriction of liberty








L_2010292EN.01003901.xml










10.11.2010   


EN


Official Journal of the European Union


L 292/39








            COUNCIL DECISION 2010/677/CFSP
of 8 November 2010
         
repealing Common Position 98/409/CFSP concerning Sierra Leone


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 29 June 1998, the Council adopted Common Position 98/409/CFSP concerning Sierra Leone (1) in order to implement the measures imposed by United Nations Security Council Resolution (hereinafter ‘UNSCR’) 1171(1998).












(2)


On 28 January 2008, the Council adopted Common Position 2008/81/CFSP amending Common Position 98/409/CFSP (2) in order to implement the measures imposed by UNSCR 1793(2007) providing for an exemption to the measures imposed by paragraph 5 of UNSCR 1171(1998).












(3)


On 29 September 2010, the United Nations Security Council adopted UNSCR 1940(2010) repealing UNSCR 1171(1998).












(4)


Common Position 98/409/CFSP should therefore be repealed,





HAS ADOPTED THIS DECISION:



Article 1
Common Position 98/409/CFSP is hereby repealed.


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




Done at Brussels, 8 November 2010.


For the Council


The President

M. WATHELET
            





(1)  
            OJ L 187, 1.7.1998, p. 1.

(2)  
            OJ L 24, 29.1.2008, p. 54.
Case C-521/10 P: Appeal brought on 8 November 2010 by Grúas Abril Asistencia S.L. against the order of the General Court (Second Chamber) delivered on 24 August 2010 in Case T-386/09 Grúas Abril Asistencia S.L. v European Commission
Date: 2010-11-08
Institutions: Court of Justice
Subjects: action for annulment, advertising, family business, fine, fixing of prices, provision of services, redemption, road transport, termination of a contract








C_2011030EN.01001802.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/18





Appeal brought on 8 November 2010 by Grúas Abril Asistencia S.L. against the order of the General Court (Second Chamber) delivered on 24 August 2010 in Case T-386/09 Grúas Abril Asistencia S.L. v European Commission
(Case C-521/10 P)
()
2011/C 30/30
Language of the case: Spanish

Parties


Appellant: Grúas Abril Asistencia, S.L. (represented by: R. García García, abogado)

Other party: European Commission

Form of order sought

Accept the arguments put forward and set aside, on completion of the necessary legal formalities, the abovementioned order of inadmissibility, declaring the action for annulment admissible, as the appellant has standing to bring it, and giving final judgment in accordance with the appellant’s claims.

Pleas in law and main arguments

The appeal is brought against the order of the General Court which held inadmissible the application for annulment of the European Commission’s decision not to bring any proceedings with a view to remedying the infringements complained of. The General Court reasoned that such a refusal to act was not amenable to challenge by an individual.
The appellant submits that individuals have standing to bring actions for annulment, as provided for in Article 230 EC and Article III-365 of the Treaty establishing a Constitution for Europe and in the case-law, where they are addressees of the decision which is challenged and where the decision is of direct and individual concern to them. The appellant requests that the order holding inadmissible its application for annulment be set aside and that consequently that application be allowed.
Case C-195/10: Order of the President of the Court of 8 November 2010 — European Commission v Republic of Estonia
Date: 2010-11-08
Institutions: Court of Justice
Subjects: Estonia, action for failure to fulfil an obligation, environmental protection, national implementing measure, storage of waste, waste management








C_2011030EN.01003201.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/32





Order of the President of the Court of 8 November 2010 — European Commission v Republic of Estonia
(Case C-195/10) (1)

()
2011/C 30/55
Language of the case: Estonian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 179, 3.7.2010.
Case F-115/10: Action brought on 8 November 2010 — Jacques Biwer and Others v Commission
Date: 2010-11-08
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, damages, redemption, school fees








C_2011030EN.01006601.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/66





Action brought on 8 November 2010 — Jacques Biwer and Others v Commission
(Case F-115/10)
()
2011/C 30/130
Language of the case: French

Parties


Applicants: Jacques Biwer (Bascharage, Luxembourg) and Others (represented by: F. Frabetti, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission decision to consider certain financial assistance from a Member State to students in higher education to be an allowance of the same nature as family allowances and to deduct this financial assistance from the education allowance granted to officials who are parents of those students.

Form of order sought







—


Annul the decision of the PMO of Luxembourg, not notified to the applicants, by which certain financial assistance from the Luxembourg State, granted by CEDIES to students in higher education in Luxembourg or abroad, is henceforth to be considered to be an allowance of the same nature as those paid under Articles l, 2 and 3 of Annex VII of the Staff Regulations and, under Article 67(2), is to be deducted from the education allowance granted to officials who are parents of those students;










—


annul the applicants’ monthly pay slips drawn up in accordance with the abovementioned decision from January 2010 and for the following months, drawing up new, amended pay slips as of January 2010.










—


order the Commission to pay the costs.
Case T-523/10: Action brought on 8 November 2010 — Interkobo v OHIM — XXXLutz Marken (mybaby)
Date: 2010-11-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003302.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/33





Action brought on 8 November 2010 — Interkobo v OHIM — XXXLutz Marken (mybaby)
(Case T-523/10)
()
2011/C 13/64
Language in which the application was lodged: Polish

Parties


Applicant: Interkobo Sp. z o.o. (Łódź, Poland) (represented by: R. Skubisz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: XXXLutz Marken GmbH (Wels, Austria)

Form of order sought







—


declare invalid in its entirety the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 September 2010 in Case R 88/2009-4;










—


order the defendant and XXXLutz Marken GmbH to pay the costs of the proceedings, including the costs incurred by the applicant in the proceedings before the Board of Appeal and the Opposition Division of the Office for Harmonisation in the Internal Market.





Pleas in law and main arguments


Applicant for a Community trade mark: XXXLutz Marken GmbH.

Community trade mark concerned: figurative mark ‘my baby’ for goods in Class 28 — application no 4894416.

Proprietor of the mark or sign cited in the opposition proceedings: the applicant.

Mark or sign cited in opposition: national word mark ‘MYBABY’, national figurative mark ‘mybaby’ and international word mark ‘MYBABY’ for goods in Class 28.

Decision of the Opposition Division: upholding of the opposition and rejection of the application for a trade mark for goods in Class 28.

Decision of the Board of Appeal: annulment of the decision of the Opposition Division and rejection of the opposition.

Pleas in law: breach of Rule 20(1), in conjunction with Rule 19(2)(a)(i) and (ii) and Rule 19(3), of Regulation No 2868/95 (1) and infringement of the right to seek protection of legitimate expectations.


(1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).
Case T-519/10: Action brought on 8 November 2010 — Seikoh Giken v OHIM — Seiko (SG SEIKOH GIKEN)
Date: 2010-11-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003201.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/32





Action brought on 8 November 2010 — Seikoh Giken v OHIM — Seiko (SG SEIKOH GIKEN)
(Case T-519/10)
()
2011/C 13/61
Language in which the application was lodged: English

Parties


Applicant: Kabushiki Kaisha Seikoh Giken (Matsudo-shi, Japan) (represented by: G. Marín Raigal, P. López Ronda and G. Macias Bonilla, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Seiko Kabushiki Kaisha (Chuo-ku, Japan)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 August 2010 in case R 1553/2009-1;










—


Reject in its entirety the opposition to registration of the mark applied for in respect of the goods in class 25;










—


Order the defendant to grant registration of the mark applied for;










—


Order the defendant to pay the costs of the current proceedings; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs of the current proceedings, should it become an intervening party in this case.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘SG SEIKOH GIKEN’, for goods in classes 3, 7 and 9 — Community trade mark application No 908461

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration No 2390953 of the word mark ‘SEIKO’, for goods and services in classes 1– 42

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision of the First Board of Appeal infringes the provisions of Council Regulation (EC) No 207/2009, hereinafter CTMR, by a misleading, incorrect interpretation and inappropriate enforcement of Article 8(1)(b) CTMR and the applicable case-law.
2011/33/EU: Council Decision of 8 November 2010 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
Date: 2010-11-08
Institutions: Council of the European Union
Subjects: EU office or agency, EU programme, Ukraine, cooperation agreement, protocol to an agreement, signature of an agreement








L_2011018EN.01000101.xml










21.1.2011   


EN


Official Journal of the European Union


L 18/1








            COUNCIL DECISION
         
of 8 November 2010
         
on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes
(2011/33/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8), thereof,


Having regard to the proposal from the Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part (1), on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (hereinafter referred to as ‘the Protocol’) was signed on behalf of the Union on 22 November 2010.












(2)


As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.












(3)


The Protocol should be concluded,





HAS ADOPTED THIS DECISION:



Article 1
The Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Ukraine, of the other part, on a Framework Agreement between the European Union and Ukraine on the general principles for the participation of Ukraine in Union programmes (2) (hereinafter referred to as ‘the Protocol’) is hereby approved on behalf of the European Union.


Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10 of the Protocol.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 8 November 2010.


For the Council


The President

M. WATHELET
            





(1)  
            OJ L 49, 19.2.1998, p. 3.

(2)  See page 3 of this Official Journal.
2010/676/EU: Council Decision of 8 November 2010 on the signing, on behalf of the Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area
Date: 2010-11-08
Institutions: Council of the European Union
Subjects: Norway, agricultural product, tariff quota, trade agreement








L_2010292EN.01000101.xml










10.11.2010   


EN


Official Journal of the European Union


L 292/1








            COUNCIL DECISION
         
of 8 November 2010
         
on the signing, on behalf of the Union, of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area
(2010/676/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


Article 19 of the Agreement on the European Economic Area foresees that the contracting parties undertake to continue their efforts with a view to achieving progressive liberalisation of agricultural trade between them.












(2)


In September 2005 the Council authorised the Commission to open negotiations with Norway with a view to achieving greater liberalisation of bilateral trade in agricultural products, in the framework of Article 19 of the Agreement on the European Economic Area. The negotiations were successfully concluded and an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (‘the Agreement’) was initialled on 28 January 2010.












(3)


The Agreement should be signed on behalf of the Union, subject to its conclusion,





HAS ADOPTED THIS DECISION:



Article 1
The signing of the Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products reached on the basis of Article 19 of the Agreement on the European Economic Area (‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement (1).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 8 November 2010.


For the Council


The President

M. WATHELET
            





(1)  The text of the Agreement will be published with the Decision on its conclusion.
Case T-522/10: Action brought on 8 November 2010 — Hell Energy v OHIM — Hansa Mineralbrunnen (HELL)
Date: 2010-11-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011013EN.01003301.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/33





Action brought on 8 November 2010 — Hell Energy v OHIM — Hansa Mineralbrunnen (HELL)
(Case T-522/10)
()
2011/C 13/63
Language in which the application was lodged: English

Parties


Applicant: Hell Energy Magyarország kft (Budapest, Hungary) (represented by: M. Treis, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Hansa Mineralbrunnen GmbH (Rellingen, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 August 2010 in case R 1517/2009-1;










—


Allow the registration of the Community trade mark application No 5937107; and










—


Order the other party to the proceedings before the Board of Appeal to bear the costs of the current proceedings as well as those incurred by the applicant before the Board of Appeal and the Opposition Division.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘HELL’, for goods in class 32 — Community trade mark application No 5937107

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration No 5135331 of the word mark ‘Hella’, for goods in class 32

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal and the Opposition Division erred in their decisions in finding a likelihood of confusion.
Case C-44/10: Order of the President of the Court of 8 November 2010 — European Commission v Portuguese Republic
Date: 2010-11-08
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, environmental protection, environmental standard, pollution control measures








C_2011030EN.01003103.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/31





Order of the President of the Court of 8 November 2010 — European Commission v Portuguese Republic
(Case C-44/10) (1)

()
2011/C 30/51
Language of the case: Portuguese
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 100, 17.04.2010.