do-me/EUR-LEX huggingface dataset:
Protocol to the Partnership and Cooperation Agreement between the EC and Moldova *** P7_TA(2010)0428 European Parliament legislative resolution of 24 November 2010 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on a Framework Agreement between the European Union and the Republic of Moldova on the general principles for the participation of the Republic of Moldova in Union programmes (10496/2010 – C7-0330/2010 – 2010/0102(NLE))
Date: 2010-11-24
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: EU office or agency, EU programme, Moldova, cooperation agreement, protocol to an agreement, signature of an agreement








CE2012099EN.01018601.xml










3.4.2012   


EN


Official Journal of the European Union


CE 99/186





Wednesday 24 November 2010Protocol to the Partnership and Cooperation Agreement between the EC and Moldova ***
P7_TA(2010)0428
European Parliament legislative resolution of 24 November 2010 on the draft Council decision on the conclusion of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part, on a Framework Agreement between the European Union and the Republic of Moldova on the general principles for the participation of the Republic of Moldova in Union programmes (10496/2010 – C7-0330/2010 – 2010/0102(NLE))
2012/C 99 E/47
(Consent)

The European Parliament,






—


having regard to the draft Council decision (10496/2010),










—


having regard to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part (1), concluded on 28 November 1994,










—


having regard to the request for consent submitted by the Council pursuant to Articles 114, 168, 169, 172, 173(3), 188 and 192 and Article 218(6), second subparagraph, point (a), Article 218(7) and the second subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (C7-0330/2010),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A7-0300/2010),










1.


Consents to conclusion of the Protocol;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Moldova.






(1)  OJ L 181, 24.6.1998, p. 3.
Case T-137/09: Judgment of the General Court of 24 November 2010 — Nike International v OHIM — Muñoz Molina (R10) (Community trade mark — Opposition proceedings — Application for Community word mark R10 — Non-registered national word mark R10 — Assignment of the national mark — Procedural defect)
Date: 2010-11-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile product, trade-mark law








C_2011013EN.01002402.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/24





Judgment of the General Court of 24 November 2010 — Nike International v OHIM — Muñoz Molina (R10)
(Case T-137/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark R10 - Non-registered national word mark R10 - Assignment of the national mark - Procedural defect)
2011/C 13/46
Language of the case: Spanish

Parties


Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Aurelio Muñoz Molina (Petrer, Spain)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 January 2009 (Case R 551/2008-1) relating to opposition proceedings between DL Sports & Marketing Ltda and Mr Aurelio Muñoz Molina.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 January 2009 (Case R 551/2008-1);










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 129, 6.6.2009.
Case T-323/09: Judgment of the General Court of 24 November 2010 — Commission v Irish Electricity Generating (Arbitration clause — Contract concluded in the framework of a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) — Non-performance of the contract — Reimbursement of the sums advanced — Late-payment interest — Procedure by default)
Date: 2010-11-24
Institutions: General Court
Subjects: EU financing, EU programme, European Commission, appeal, contract, energy research, invitation to tender, redemption, wind energy








C_2011038EN.01001401.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/14





Judgment of the General Court of 24 November 2010 — Commission v Irish Electricity Generating
(Case T-323/09) (1)

(Arbitration clause - Contract concluded in the framework of a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) - Non-performance of the contract - Reimbursement of the sums advanced - Late-payment interest - Procedure by default)
2011/C 38/23
Language of the case: English

Parties


Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, and by U. O’Dwyer and A. Martin, Solicitors)

Defendant: Irish Electricity Generating Co. Ltd (Waterford, Ireland)

Re:

Application under an arbitration clause seeking an order that Irish Electricity Generating Co. Ltd repay the sum of EUR 180 664,70 corresponding to part of the advances paid to it by the Commission under contract No WE/178/97/IE/GB, together with late-payment interest

Operative part of the judgment

The Court:






1.


Orders Irish Electricity Generating Co. Ltd to repay to the European Commission the sum of EUR 180 664,70, together with late-payment interest:






—


at the rate of 5,56 % per annum from 25 August 2003 to the date of the present judgment;










—


at the annual rate applied under Irish law, that is to say, currently section 26 of the Debtors (Ireland) Act, 1840, as amended, up to a rate of 5,56 % per annum from the date of the present judgment until full clearance of the debt;














2.


Orders Irish Electricity Generating Co. Ltd to pay the costs.






(1)  OJ C 256, 24.10.2009.
Information communicated by Member States regarding closure of fisheries
Date: 2010-11-24
Institutions: Germany
Subjects: Germany, catch of fish, fishing controls, fishing regulations, sea fish








C_2010319EN.01000401.xml










24.11.2010   


EN


Official Journal of the European Union


C 319/4





Information communicated by Member States regarding closure of fisheries
2010/C 319/04
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


29.5.2010




Duration


29.5.2010-31.12.2010




Member State


Germany




Stock or Group of stocks


SRX/2AC4-C




Species


Skates and rays (Rajidae)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Information communicated by Member States regarding closure of fisheries
Date: 2010-11-24
Institutions: Netherlands
Subjects: Netherlands, catch of fish, fishing controls, fishing regulations, sea fish








C_2010319EN.01000301.xml










24.11.2010   


EN


Official Journal of the European Union


C 319/3





Information communicated by Member States regarding closure of fisheries
2010/C 319/03
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


18.9.2010




Duration


18.9.2010-31.12.2010




Member State


The Netherlands




Stock or Group of stocks


PLE/03AN.




Species


Plaice (Pleuronectes platessa)




Zone


Skagerrak




Type(s) of fishing vessels


—




Reference number


606518




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case COMP/M.6056 — DnB NOR Bank/Bank DnB NORD) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-11-24
Institutions: European Commission
Subjects: banking, economic concentration, exchange of information, financial institution, merger control








C_2010319EN.01000501.xml










24.11.2010   


EN


Official Journal of the European Union


C 319/5





Prior notification of a concentration
(Case COMP/M.6056 — DnB NOR Bank/Bank DnB NORD)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 319/05






1.


On 17 November 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking DnB NOR Bank ASA (‘DnB NOR Bank’, Norway), belonging to the DnB NOR group (‘DnB NOR’, Norway) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Bank DnB NORD A/S (‘Bank DnB NORD’, Denmark) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for DnB NOR Bank: banking services,










—


for DnB NOR: banking and insurance services,










—


for Bank DnB NORD: banking services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 number COMP/M.6056 — DnB NOR Bank/Bank DnB NORD, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Euro exchange rates
Date: 2010-11-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2010319EN.01000201.xml










24.11.2010   


EN


Official Journal of the European Union


C 319/2





Euro exchange rates (1)

23 November 2010
2010/C 319/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3496




JPY


Japanese yen


112,50




DKK


Danish krone


7,4553




GBP


Pound sterling


0,84795




SEK


Swedish krona


9,3865




CHF


Swiss franc


1,3338




ISK


Iceland króna


 




NOK


Norwegian krone


8,2070




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,680




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


275,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7096




PLN


Polish zloty


3,9543




RON


Romanian leu


4,3113




TRY


Turkish lira


1,9920




AUD


Australian dollar


1,3789




CAD


Canadian dollar


1,3799




HKD


Hong Kong dollar


10,4711




NZD


New Zealand dollar


1,7626




SGD


Singapore dollar


1,7713




KRW


South Korean won


1 576,84




ZAR


South African rand


9,5464




CNY


Chinese yuan renminbi


8,9680




HRK


Croatian kuna


7,3970




IDR


Indonesian rupiah


12 129,30




MYR


Malaysian ringgit


4,2365




PHP


Philippine peso


59,848




RUB


Russian rouble


42,3040




THB


Thai baht


40,576




BRL


Brazilian real


2,3388




MXN


Mexican peso


16,7259




INR


Indian rupee


61,5200






(1)  Source: reference exchange rate published by the ECB.
2010/745/EU: Decision of the European Parliament and of the Council of 24 November 2010 on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
Date: 2010-11-24
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, Ireland, financial aid, flood, fund (EU)








L_2010318EN.01004201.xml










4.12.2010   


EN


Official Journal of the European Union


L 318/42








            DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 24 November 2010
         
on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2010/745/EU)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,


Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),


Having regard to the proposal from the Commission,

Whereas:







(1)


The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters.












(2)


The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.












(3)


Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.












(4)


Ireland submitted an application to mobilise the Fund, concerning a disaster caused by severe flooding,





HAVE ADOPTED THIS DECISION:



Article 1
For the general budget of the European Union for the financial year 2010, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 13 022 500 in commitment and payment appropriations.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Strasbourg, 24 November 2010.


For the European Parliament


The President

J. BUZEK
            



For the Council


The President

O. CHASTEL
            





(1)  
            OJ C 139, 14.6.2006, p. 1.

(2)  
            OJ L 311, 14.11.2002, p. 3.
Case T-533/10: Action brought on 24 November 2010 — DTS Distribuidora de Televisión Digital v Commission
Date: 2010-11-24
Institutions: General Court
Subjects: Spain, action for failure to fulfil an obligation, competition, public sector, sectoral aid








C_2011030EN.01004401.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/44





Action brought on 24 November 2010 — DTS Distribuidora de Televisión Digital v Commission
(Case T-533/10)
()
2011/C 30/80
Language of the case: Spanish

Parties


Applicant: DTS Distribuidora de Televisión Digital, SA (Tres Cantos, Madrid, Spain) (represented by: H. Brokelmann and M. Ganino, lawyers)

Defendant: European Commission

Form of order sought







—


Annul Commission Decision C(2010) 4925 final of 20 July 2010, and










—


order the Commission to pay the costs of the present proceedings.





Pleas in law and main arguments

The applicant in the present proceedings, a satellite pay TV operator, challenges Commission Decision C(2010) 4925 final of 20 July 2010‘on the State aid scheme No C 38/2009 (ex NN 58/2009) which Spain is planning to implement for Corporación de Radio y Televisión Española (RTVE)’, which declared that that scheme, as amended by Law 8/2009 of 28 August 2009 on financing Corporación de Radio y Televisión Española, was compatible with the common market, without its being necessary to analyse the scheme’s method of financing.
The applicant submits that the Commission was not entitled to authorise the aid scheme in question without analysing the method of financing introduced by the above-mentioned Law and, specifically, the 1,5% tax on the gross operating income of pay-TV broadcasters.
In support of its claims the applicant puts forward the following pleas in law:






—


Error of law on the part of the Commission, by authorising the aid which is the subject-matter of the proceedings without analysing its method of financing. In that connection, it is submitted that it is settled case-law that aid cannot be considered separately from the effects of its method of financing if that method forms an integral part of the aid, and that, with regard to the present case, the 1.5 % tax on the gross operating income of pay-TV broadcasters forms an integral part of the aid scheme, which is why the Commission ought to have analysed the scheme and the aid together.










—


Infringement of Article 106(2) TFEU, in that the Commission authorised an aid scheme which fails to observe the principle of proportionality, since the taxes financing the scheme involve a serious distortion of competition, in the content acquisitions market and in the downstream viewers’ market, contrary to the common interest.










—


Infringement of Articles 49 and 63 TFEU. In the applicant’s submission, the Commission infringed those provisions, in so far as the method of financing the aid authorised restricts freedom of establishment and the free movement of capital, by making it less attractive for pay TV operators and other investors established in other Member States to exercise those freedoms.
Case T-9/09 P: Judgment of the General Court of 24 November 2010 — Marcuccio v Commission (Appeal — Staff cases — Officials — Dismissal of the action at first instance as manifestly inadmissible — Request for the return of personal property — Notification of the decision rejecting the complaint in a language other than that of the complaint — Action out of time — No response to a head of claim submitted at first instance)
Date: 2010-11-24
Institutions: General Court
Subjects: European Commission, action for annulment, appeal, health expenditure, redemption, social security








C_2011013EN.01002401.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/24





Judgment of the General Court of 24 November 2010 — Marcuccio v Commission
(Case T-9/09 P) (1)

(Appeal - Staff cases - Officials - Dismissal of the action at first instance as manifestly inadmissible - Request for the return of personal property - Notification of the decision rejecting the complaint in a language other than that of the complaint - Action out of time - No response to a head of claim submitted at first instance)
2011/C 13/45
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order

Operative part of the judgment

The Court:






1.


annuls the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-133/06 Marcuccio v Commission, not yet published in the ECR, in so far as it did not rule on the application for a declaration that the decision contested at first instance did not exist;










2.


dismisses the appeal as to the remainder;










3.


dismisses the action inasmuch as it sought a declaration that the contested decision did not exist;










4.


orders Mr Luigi Marcuccio to bear his own costs and to pay those incurred by the European Commission in the present case. The costs of the proceedings at first instance which culminated in the above order in Marcuccio v Commission are to be borne in accordance with point 2 of the operative part of that order.






(1)  OJ C 55, 7.3.2009.
Case T-317/09: Order of the General Court of 24 November 2010 — Concord Power Nordal v Commission (Action for annulment — Internal market in natural gas — Article 22 of Directive 2003/55/EC — Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption — Act not open to challenge — Inadmissibility)
Date: 2010-11-24
Institutions: General Court
Subjects: action for annulment (EU), derogation from EU law, energy grid, energy supply, energy transport, natural gas








C_2011030EN.01003902.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/39





Order of the General Court of 24 November 2010 — Concord Power Nordal v Commission
(Case T-317/09) (1)

(Action for annulment - Internal market in natural gas - Article 22 of Directive 2003/55/EC - Letter from the Commission requesting a regulatory authority to amend its decision regarding the grant of an exemption - Act not open to challenge - Inadmissibility)
2011/C 30/71
Language of the case: German

Parties


Applicant: Concord Power Nordal GmbH (Hamburg, Germany) (represented by: C. von Hammerstein, C.S. Schweer and C. Wünschmann, lawyers)

Defendant: European Commission (represented by: G. Wilms, O. Beynet and B. Schima, agents)

Intervener in support of the defendant: OPAL NEL Transport GmbH (Kassel, Germany) (represented by: U. Quack and O. Fleishchmann, lawyers)

Re:

Action for annulment of the decision allegedly contained in the Commission’s letter of 12 June 2009 addressed to the Bundesnetzagentur (German Regulatory Authority) on the basis of Article 22(4) of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).

Operative part of the order







1.


It is not necessary to rule on the requests for confidential treatment made by Concord Power Nordal GmbH.










2.


The action is dismissed.










3.


Concord Power Nordal shall bear its own costs and pay those incurred by the European Commission.










4.


OPAL NEL Transport GmbH shall bear its own costs.






(1)  OJ C 267, 7.11.2009.