do-me/EUR-LEX huggingface dataset:
Case C-543/10: Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 — Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA
Date: 2010-11-22
Institutions: Court of Justice
Subjects: civil law, commercial law, contract, insurance company, interpretation of the law, jurisdiction








C_2011046EN.01000301.xml










12.2.2011   


EN


Official Journal of the European Union


C 46/3





Reference for a preliminary ruling from the Cour de Cassation (France) lodged on 22 November 2010 — Refcomp SpA v Axa Corporate Solutions Assurance SA, Axa France IARD, Emerson Network, Climaveneta SpA
(Case C-543/10)
2011/C 46/04
Language of the case: French

Referring court

Cour de Cassation

Parties to the main proceedings


Applicant: Refcomp SpA

Defendants: Axa Corporate Solutions Assurance, Axa France IARD, Emerson Network, Climaveneta SpA

Questions referred







1.


Is a clause conferring jurisdiction which has been agreed, in a chain of contracts under Community law, between a manufacturer of goods and a buyer in accordance with Article 23 of Regulation No 44/2001 of 20 December 2000 (1) effective as against the sub-buyer and, if so, under what conditions?










2.


Is the clause conferring jurisdiction effective as against the sub-buyer and its subrogated insurers even if Article 5(1) of Regulation No 44/2001 of 20 December 2000 does not apply to the sub-buyer’s action against the manufacturer, as the Court held in its judgment of 17 June 1992 in Handte
 (2)?






(1)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1)

(2)  Judgment of 17 June 1992, Handte, C-26/91, ECR 1992, p. I-03967
2010/709/EU: Commission Decision of 22 November 2010 establishing the European Union Ecolabelling Board (notified under document C(2010) 7961)  Text with EEA relevance
Date: 2010-11-22
Institutions: European Commission
Subjects: committee (EU), eco-label, environmental protection




L_2010308EN.01005301.xml










24.11.2010   


EN


Official Journal of the European Union


L 308/53








            COMMISSION DECISION
         
of 22 November 2010
         
establishing the European Union Ecolabelling Board
(notified under document C(2010) 7961)
(Text with EEA relevance)
(2010/709/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 5 thereof,

Whereas:







(1)


Under Regulation (EC) No 66/2010, the EU Ecolabel criteria are to be established with the assistance of a European Union Ecolabelling Board (hereinafter referred to as ‘EUEB’).












(2)


For the acceptance of the EU Ecolabel scheme by the general public, it is essential that organisations such as environmental non-governmental organisations and consumer organisations be members of the EUEB as interested parties together with the competent bodies of the Member States.












(3)


Commission Decision 2000/730/EC of 10 November 2000 establishing the European Union Ecolabelling Board and its rules of procedure (2) should be replaced,





HAS ADOPTED THIS DECISION:



Article 1
The European Union Ecolabelling Board, hereinafter referred to as ‘EUEB’, is hereby established.


Article 2

1.   The members of the EUEB shall be appointed by the Commission.


2.   The EUEB shall be composed of the representatives of the Competent Bodies of each Member State, of the representatives of the Member State of the European Economic Area and of the representatives of the following organisations:






(a)


Bureau Européen des Consommateurs (BEUC);










(b)


EUROCOOP;










(c)


European Environmental Bureau (EEB);










(d)


Business Europe;










(e)


European Association of Craft, Small & Medium-sized Enterprises (UEAPME);










(f)


EUROCOMMERCE.






3.   The Commission may amend the membership of the EUEB as appropriate.



Article 3

1.   Each member of the EUEB shall designate a contact person.


2.   The meetings of the EUEB shall be chaired by its President.


3.   The EUEB shall adopt its rules of procedure in consultation with the Commission.


4.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members in connection with the EUEB’s activities within the limits of the annual budget allocated to such expenditure.



Article 4
Decision 2000/730/EC is repealed.


Article 5
This Decision shall apply from 1 October 2010.


Article 6
This Decision is addressed to the Member States.




Done at Brussels, 22 November 2010.


For the Commission

Janez POTOČNIK
            

Member of the Commission






(1)  
            OJ L 27, 30.1.2010, p. 1.

(2)  
            OJ L 293, 22.11.2000, p. 24.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP — Rapporteur: Sweden
Date: 2010-11-22
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Sweden, dominant position, market-sharing agreement, merger control, restriction on competition, telecommunications, transmission network








C_2011092EN.01001201.xml










24.3.2011   


EN


Official Journal of the European Union


C 92/12





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.510 (1) — ONP
Rapporteur: Sweden
2011/C 92/08






1.


The Advisory Committee agrees with the Commission that members of the Ordre National des Pharmaciens (ONP) practising as a liberal profession are undertakings involved in economic activities.










2.


The Advisory Committee agrees with the Commission that the ONP is an association of undertakings.










3.


The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions taken by an association of undertakings.










4.


The Advisory Committee agrees with the Commission that the decisions of the ONP under investigation are not an instance of the exercise of delegated public powers.










5.


The Advisory Committee agrees with the Commission that the decisions taken by the ONP are decisions of an association of undertakings within the meaning of Article 101 of the TFEU.










6.


The Advisory Committee agrees with the Commission that trade between Member States is affected by the decisions of the ONP.










7.


The Advisory Committee agrees with the Commission that the decisions of ONP constitute a single and continuous infringement of Article 101 of the TFEU.










8.


The Advisory Committee agrees with the Commission that there are no grounds for an exemption within the meaning of Article 101(3) of the TFEU.










9.


The Advisory Committee agrees with the Commission that the three addressees (1) of the draft decision can be held jointly liable for the behaviour which is the subject of the investigation.










10.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.







(1)  Ordre national des pharmaciens, Conseil national de l’Ordre des Pharmaciens, Conseil central de la Section G de l’Ordre des Pharmaciens.
Case T-542/10: Action brought on 22 November 2010 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON)
Date: 2010-11-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011030EN.01005001.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/50





Action brought on 22 November 2010 — XXXLutz Marken v OHIM — Meyer Manufacturing (CIRCON)
(Case T-542/10)
()
2011/C 30/89
Language in which the application was lodged: German

Parties


Applicant: XXXLutz Marken GmbH (Wels, Austria) (represented by: H. Pannen, 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: Meyer Manufacturing Co. Ltd (Hong Kong, China)

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 3 September 2010 in Case R 40/2010-1;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘CIRCON’ for goods in Classes 7, 11 and 21.

Proprietor of the mark or sign cited in the opposition proceedings: Meyer Manufacturing Company Limited.

Mark or sign cited in opposition: Word mark ‘CIRCULON’ for goods in Classes 11 and 21.

Decision of the Opposition Division: Refusal in part of registration.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks at issue, and infringement of Article 76(2)(2) of Regulation (EC) No 207/2009, since the Board of Appeal took into account in its decision facts which were not put forward by the other party to the proceedings before the Board of Appeal.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EU) No 1072/2010 of 22 November 2010 establishing a prohibition of fishing for northern prawn in NAFO 3L by vessels flying the flag of Lithuania
Date: 2010-11-22
Institutions: European Commission
Subjects: EU waters, Lithuania, common fisheries policy, crustacean, fishing area, fishing regulations, fishing rights, ship's flag








L_2010306EN.01006801.xml










23.11.2010   


EN


Official Journal of the European Union


L 306/68








            COMMISSION REGULATION (EU) No 1072/2010
of 22 November 2010
         
establishing a prohibition of fishing for northern prawn in NAFO 3L by vessels flying the flag of Lithuania


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, 22 November 2010.


For the Commission, On behalf of the President,

Lowri EVANS
            

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


46/T&Q




Member State


Lithuania




Stock


PRA/N3L.




Species


Northern prawn (Pandalus borealis)




Zone


NAFO 3L




Date


21.10.2010
2010/708/EU: Council Decision of 22 November 2010 appointing one Austrian member and two Austrian alternate members of the Committee of the Regions
Date: 2010-11-22
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of staff








L_2010308EN.01005201.xml










24.11.2010   


EN


Official Journal of the European Union


L 308/52








            COUNCIL DECISION
         
of 22 November 2010
         
appointing one Austrian member and two Austrian alternate members of the Committee of the Regions
(2010/708/EU)


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 from the Austrian Government,

Whereas:







(1)


On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Johannes PEINSTEINER.












(3)


An alternate member’s seat has become vacant following the appointment of Mr Markus LINHART as a member of the Committee of the Regions.












(4)


An alternate member’s seat has become vacant following the end of the term of office of Ms Marianne FÜGL,





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 2015:






(a)


as a member:






—


Herr Dipl.-Ing. Markus LINHART, Bürgermeister von Bregenz;




and










(b)


as alternate members:






—


Herr Johannes PEINSTEINER, Bürgermeister von St. Wolfgang und Landtagsabgeordneter,










—


Herr Hannes WENINGER, Gemeinderat und Nationalratsabgeordneter.










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 22 November 2010.


For the Council


The President

S. VANACKERE
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.309 (1) — LCD — Rapporteur: Denmark
Date: 2010-11-22
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: dominant position, offence, parent company, screen








C_2011295EN.01000201.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/2





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 22 November 2010 regarding a draft decision relating to Case COMP/39.309 (1) — LCD
Rapporteur: Denmark
2011/C 295/02






1.


The Advisory Committee agrees with the European Commission assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 of the TFEU and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of Liquid Crystal Display panels for TV, notebook and monitor application for the time frame in which it existed.










3.


The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object and effect of restricting competition.










4.


The Advisory Committee agrees with the European Commission assessment on the duration of the infringement for each addressee.










5.


The Advisory Committee agrees with the European Commission draft decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA.










6.


The Advisory Committee agrees with the European Commission draft decision as regards the addressees of the decision, specifically with reference to imputation of liability to parent companies of the groups concerned.










7.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case C-353/10: Order of the President of the Court of 22 November 2010 — European Commission v Hellenic Republic
Date: 2010-11-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, nuclear energy








C_2011089EN.01001304.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/13





Order of the President of the Court of 22 November 2010 — European Commission v Hellenic Republic
(Case C-353/10) (1)

2011/C 89/28
Language of the case: Greek
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 246, 11.9.2010.
Case T-535/10: Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)
Date: 2010-11-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), food industry, trade-mark law








C_2011030EN.01004502.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/45





Action brought on 22 November 2010 — Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (GAZI Hellim)
(Case T-535/10)
()
2011/C 30/82
Language in which the application was lodged: German

Parties


Applicant: Organismos Kypriakis Galaktokomikis Viomichanias (Lefkosia, Cyprus) (represented by: C. Milbradt and H. Van Volxem, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Garmo AG (Stuttgart, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2010 in Case R 1497/2009-4;










—


Order the defendant to pay the costs, including the costs incurred in the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Garmo AG

Community trade mark concerned: the figurative mark ‘GAZI Hellim’ for goods in Class 29

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

Mark or sign cited in opposition: the collective word mark ‘HALLOUMI’ for goods in Class 29

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as the marks and goods at issue are similar and there is a likelihood of confusion between the marks


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-540/10: Action brought on 22 November 2010 — Transportes y Excavaciones J. Asensi S.L. v Kingdom of Spain
Date: 2010-11-22
Institutions: Court of Justice
Subjects: Spain, action for failure to fulfil an obligation, environmental standard, national implementing measure, transport market








C_2011139EN.01001202.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/12





Action brought on 22 November 2010 — Transportes y Excavaciones J. Asensi S.L. v Kingdom of Spain
(Case C-540/10)
2011/C 139/20
Language of the case: Spanish

Parties


Applicant: Transportes y Excavaciones J. Asensi S.L. (represented by: C. Nicolau Castellanos, abogado)

Defendant: Kingdom of Spain
By order of 10 March 2011 the Court of Justice (Eighth Chamber) declared that it is clear that the Court has no jurisdiction to take cognisance of the action.
Commission Regulation (EU) No 1073/2010 of 22 November 2010 establishing a prohibition of fishing for saithe in IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV by vessels flying the flag of Sweden
Date: 2010-11-22
Institutions: European Commission
Subjects: EU waters, Sweden, common fisheries policy, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010306EN.01007001.xml










23.11.2010   


EN


Official Journal of the European Union


L 306/70








            COMMISSION REGULATION (EU) No 1073/2010
of 22 November 2010
         
establishing a prohibition of fishing for saithe in IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV by vessels flying the flag of Sweden


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, 22 November 2010.


For the Commission, On behalf of the President,

Lowri EVANS
            

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


47/T&Q




Member State


Sweden




Stock


POK/2A34.




Species


Saithe (Pollachius virens)




Zone


IIIa; EU waters of IIa, IIIb, IIIc, IIId and IV




Date


1.11.2010