do-me/EUR-LEX huggingface dataset:
Case T-557/10: Action brought on 3 December 2010 — H. Eich v OHIM — Arav (H. Eich)
Date: 2010-12-03
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011030EN.01005601.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/56





Action brought on 3 December 2010 — H. Eich v OHIM — Arav (H. Eich)
(Case T-557/10)
()
2011/C 30/98
Language in which the application was lodged: Italian

Parties


Applicant: H. Eich Srl (Signa, Italy) (represented by: D. Mainini, T. Rubin, A. Masetti Zannini de Concina, M. Bucarelli, G. Petrocchi, B. Passaretti, 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: Arav Holding Srl (Palma Campania, Italy)

Form of order sought







—


Annul the decision of the First Board of Appeal of OHIM of 9 September 2010;










—


Declare valid the mark H. EICH referred to in registration application No 6 256 242;










—


Order OHIM to pay the costs of all proceedings, including before the two OHIM instances.





Pleas in law and main arguments


Applicant for a Community trade mark: H. Eich

Community trade mark concerned: Word mark ‘H. Eich’ (registration application No 6 256 242), for goods in Classes 18 and 25;

Proprietor of the mark or sign cited in the opposition proceedings: Arav Holding Srl

Mark or sign cited in opposition: Figurative mark containing the word element ‘H-Silvian Heach’ (Italian mark No 976 125, and mark No 880 562, pursuant to the Protocol to the Madrid Agreement, for Benelux, the Czech Republic, Germany, Greece, Spain, France, Hungary, Austria, Poland, Portugal, Romania, the United Kingdom), for goods in Classes 18 and 25.

Decision of the Opposition Division: Rejected the opposition.

Decision of the Board of Appeal: Annulled the contested decision and rejected the application for registration.

Pleas in law: Incorrect application and interpretation of Article 8(1)(b) of Regulation No 207/2009 on the Community trade mark (no likelihood of confusion).
Corrigendum to Agreement between the European Union and Montenegro on security procedures for exchanging and protecting classified information ( OJ L 260, 2.10.2010 )
Date: 2010-12-03
Institutions: European Union, Montenegro
Subjects: Montenegro, agreement (EU), common foreign and security policy, confidentiality, data processing, data protection, exchange of information, ratification of an agreement




L_2010317EN.01004401.xml










3.12.2010   


EN


Official Journal of the European Union


L 317/44







Corrigendum to Agreement between the European Union and Montenegro on security procedures for exchanging and protecting classified information
(
Official Journal of the European Union L 260 of 2 October 2010
)

On page 5, signatures:
for:




                           ‘
                           For Montenegro


The Minister for Foreign Affairs









For the European Union


The High Representative of the Union for Foreign Affairs and Security Policy
                           ’,








read:




                           ‘
                           For the European Union









For Montenegro
                           ’.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.510 (2) — ONP — Rapporteur: Sweden
Date: 2010-12-03
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.01001301.xml










24.3.2011   


EN


Official Journal of the European Union


C 92/13





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.510 (2) — ONP
Rapporteur: Sweden
2011/C 92/09






1.


The Advisory Committee agrees with the Commission that it is possible that the conditions of Article 23(4) of Regulation (EC) No 1/2003 are fulfilled.










2.


The Advisory Committee agrees with the Commission's assessment of the mitigating circumstances.










3.


The Advisory Committee agrees with the Commission's overall assessment of the gravity of the infringement.










4.


The Advisory Committee agrees with the Commission's assessment of the duration of the infringement.










5.


The Advisory Committee agrees with the Commission that the amount of the fine has been correctly determined.
Case T-555/10: Action brought on 3 December 2010 — JBF RAK v Council
Date: 2010-12-03
Institutions: General Court
Subjects: Council of the European Union, action for annulment, import, raw material








C_2011030EN.01005402.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/54





Action brought on 3 December 2010 — JBF RAK v Council
(Case T-555/10)
()
2011/C 30/96
Language of the case: English

Parties


Applicant: JBF RAK LLC, Al Jazeerah Al Hamra, Ras Al Khaimah, United Arab Emirates (represented by: B. Servais, lawyer)

Defendant: Council of the European Union

Form of order sought







—


annul Council Implementing Regulation (EU) No 857/2010 of 27 September 2010 imposing a definitive countervailing duty and collecting definitely the provisional duty imposed on imports of certain polyethylene terephthalate originating in Iran, Pakistan and the United Arab Emirates (1);










—


order the Council to bear the costs of these proceedings.





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 Council violated Article 15(1) of Council Regulation (EC) No 597/2009 (2) insofar as it disregarded the fact that imports of raw materials consigned from the Kingdom of Saudi Arabia were not subject to import duties and, thus, erred in calculating the subsidy margin. The applicant submits that, in the present case, the Council failed:






—


to correctly establish the amount of countervailable subsidy since it did not take into consideration the existence of a customs union between the Gulf Cooperation Council (GCC) members;










—


to take into consideration the impact of such customs union on the amount of countervailable subsidies.




Accordingly, the applicant submits that the countervailing duty exceeds the amount of countervailable subsidy established in the investigation.










2.


Second plea in law, alleging that the Council violated Article 30(5) of Council Regulation (EC) No 597/2009 insofar as it refused to take into account the representations timely made by the applicant on 5 August 2010.










3.


Third plea in law, alleging that the Council violated Article 11(8) of Council Regulation (EC) No 597/2009 insofar as it failed to examine the accuracy of the information presented by the applicant on 5 August 2010.










4.


Fourth plea in law, alleging that the Council violated the principle of sound administration insofar as it adopted the contested regulation without taking into consideration all the information that was available to it.






(1)  OJ 2010 L 254, p. 10


(2)  Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community, OJ 2009 L 188, p. 93
Commission Regulation (EU) No 1145/2010 of 3 December 2010 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2010-12-03
Institutions: European Commission
Subjects: EU waters, Spain, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010322EN.01002601.xml










8.12.2010   


EN


Official Journal of the European Union


L 322/26








            COMMISSION REGULATION (EU) No 1145/2010
of 3 December 2010
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII 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, 3 December 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


22/T&Q




Member state


Spain




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


27.6.2010
Commission Regulation (EU) No 1148/2010 of 3 December 2010 establishing a prohibition of fishing for cod in NAFO 3M by vessels flying the flag of Spain
Date: 2010-12-03
Institutions: European Commission
Subjects: EU waters, Spain, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010322EN.01003201.xml










8.12.2010   


EN


Official Journal of the European Union


L 322/32








            COMMISSION REGULATION (EU) No 1148/2010
of 3 December 2010
         
establishing a prohibition of fishing for cod 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, 3 December 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


48/T&Q




Member State


Spain




Stock


COD/N3M.




Species


Cod (Gadus morhua)




Zone


NAFO 3M




Date


7.10.2010
Special Report No 8/2010 ‘Improving transport performance on trans-European rail axes: Have EU rail infrastructure investments been effective?’
Date: 2010-12-03
Institutions: European Court of Auditors
Subjects: European Court of Auditors, common transport policy, rail network, report, transport infrastructure








C_2010326EN.01001601.xml










3.12.2010   


EN


Official Journal of the European Union


C 326/16





Special Report No 8/2010 ‘Improving transport performance on trans-European rail axes: Have EU rail infrastructure investments been effective?’
2010/C 326/08
The European Court of Auditors hereby informs you that Special Report No 8/2010 ‘Improving transport performance on trans-European rail axes: Have EU rail infrastructure investments been effective?’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://www.eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Prior notification of a concentration (Case COMP/M.5978 — GDF Suez/International Power)  Text with EEA relevance
Date: 2010-12-03
Institutions: European Commission
Subjects: economic concentration, electrical energy, exchange of information, merger control








C_2010326EN.01002101.xml










3.12.2010   


EN


Official Journal of the European Union


C 326/21





Prior notification of a concentration
(Case COMP/M.5978 — GDF Suez/International Power)
(Text with EEA relevance)
2010/C 326/10






1.


On 29 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 GDF Suez SA (‘GDF Suez’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over International Power plc (‘International Power’, England and Wales) by way of acquisition of 70 % of the shares in International Power.










2.


The business activities of the undertakings concerned are:






—


GDF Suez is present across the entire energy chain, in electricity and in natural gas, including: (i) purchase, production and commercialization of natural gas and electricity; (ii) transport, distribution, management and development of major natural gas infrastructures; and (iii) design and commercialization of energy services and environment related services,










—


International Power is an international operator with activities in North America, Europe, Middle East, Australia and Asia. International Power is an operator of power generation facilities. It develops, owns and operates approximately 50 power stations in 21 countries, generating a (gross) capacity of approximately 32 000 MW in power capacity.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5978 — GDF Suez/International Power, 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’).
Euro exchange rates
Date: 2010-12-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2010326EN.01001201.xml










3.12.2010   


EN


Official Journal of the European Union


C 326/12





Euro exchange rates (1)

2 December 2010
2010/C 326/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3155




JPY


Japanese yen


110,97




DKK


Danish krone


7,4521




GBP


Pound sterling


0,84450




SEK


Swedish krona


9,1531




CHF


Swiss franc


1,3160




ISK


Iceland króna


 




NOK


Norwegian krone


8,0600




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,010




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,75




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7097




PLN


Polish zloty


4,0055




RON


Romanian leu


4,3036




TRY


Turkish lira


1,9600




AUD


Australian dollar


1,3614




CAD


Canadian dollar


1,3291




HKD


Hong Kong dollar


10,2194




NZD


New Zealand dollar


1,7553




SGD


Singapore dollar


1,7248




KRW


South Korean won


1 512,04




ZAR


South African rand


9,1788




CNY


Chinese yuan renminbi


8,7629




HRK


Croatian kuna


7,4225




IDR


Indonesian rupiah


11 857,07




MYR


Malaysian ringgit


4,1400




PHP


Philippine peso


57,464




RUB


Russian rouble


41,2985




THB


Thai baht


39,524




BRL


Brazilian real


2,2405




MXN


Mexican peso


16,3014




INR


Indian rupee


59,5850






(1)  Source: reference exchange rate published by the ECB.
Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.309 (2) — LCD — Rapporteur: Denmark
Date: 2010-12-03
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: dominant position, fine, offence, parent company, payment, screen








C_2011295EN.01000301.xml










7.10.2011   


EN


Official Journal of the European Union


C 295/3





Opinion of the Advisory Committee on restrictive agreements and dominant positions given at its meeting of 3 December 2010 regarding a draft decision relating to Case COMP/39.309 (2) — LCD
Rapporteur: Denmark
2011/C 295/03






1.


The Advisory Committee agrees with the Commission on the basic amount of the fines.










2.


The Advisory Committee agrees the Commission on the increase of the basic amount to ensure a sufficient deterrent effect.










3.


The Advisory Committee agrees with the Commission on the reductions of the fines based on the 2002 Leniency Notice.










4.


The Advisory Committee agrees with the Commission's assessment of the inability to pay requests.










5.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










6.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Commission Regulation (EU) No 1146/2010 of 3 December 2010 establishing a prohibition of fishing for plaice in VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain
Date: 2010-12-03
Institutions: European Commission
Subjects: EU waters, Spain, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010322EN.01002801.xml










8.12.2010   


EN


Official Journal of the European Union


L 322/28








            COMMISSION REGULATION (EU) No 1146/2010
of 3 December 2010
         
establishing a prohibition of fishing for plaice in VIII, IX and X; EU waters of CECAF 34.1.1 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, 3 December 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


24/T&Q




Member State


Spain




Stock


PLE/8/3411




Species


Plaice (Pleuronectes platessa)




Zone


VIII, IX and X; EU waters of CECAF 34.1.1




Date


27.6.2010