do-me/EUR-LEX huggingface dataset:
2011/20/EU: Decision of the European Central Bank of 13 December 2010 on the increase of the European Central Bank’s capital (ECB/2010/26)
Date: 2010-12-13
Institutions: European Central Bank
Subjects: European Central Bank, capital increase, voluntary restraint agreement








L_2011011EN.01005301.xml










15.1.2011   


EN


Official Journal of the European Union


L 11/53








            DECISION OF THE EUROPEAN CENTRAL BANK
         
of 13 December 2010
         
on the increase of the European Central Bank’s capital
(ECB/2010/26)
(2011/20/EU)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 28.1 thereof,


Having regard to Council Regulation (EC) No 1009/2000 of 8 May 2000 concerning capital increases of the European Central Bank (1), and in particular Article 1 thereof,

Whereas:







(1)


Pursuant to the first sentence of Article 28.1 of the Statute of the ESCB the capital of the European Central Bank (ECB) is EUR 5 000 million. The ECB’s capital was increased to EUR 5 760 652 402,58 in accordance with Article 48.3 of the Statute of the ESCB as a consequence of Member States acceding to the Union and their national central banks joining the European System of Central Banks.












(2)


Pursuant to the second sentence of Article 28.1 of the Statute of the ESCB, the ECB’s capital may be increased by such amount as may be decided by the Governing Council acting by the qualified majority provided for in Article 10.3 of the Statute of the ESCB, within the limits and under the conditions set by the Council of the European Union under the procedure laid down in Article 41 of the Statute of the ESCB.












(3)


Pursuant to Article 1 of Regulation (EC) No 1009/2000 the Governing Council of the ECB may increase the capital of the ECB beyond the amount specified in the first sentence of Article 28(1) of the Statute of the ESCB by an additional amount of up to EUR 5 000 million.












(4)


Pursuant to the fourth recital of Regulation (EC) No 1009/2000, the Regulation establishes a limit for future increases in the ECB’s capital, thereby enabling the Governing Council of the ECB to decide on an actual increase at some point in the future in order to sustain the adequacy of the capital base needed to support the operations of the ECB.












(5)


Taking into account the increase of the ECB’s balance sheet total over the last years, it is considered necessary to increase the ECB’s capital by EUR 5 000 million in order to sustain the adequacy of the capital base needed to support the operations of the ECB,





HAS ADOPTED THIS DECISION:



Article 1

Increase of the ECB’s capital

The ECB’s capital shall be increased by EUR 5 000 million from EUR 5 760 652 402,58 to EUR 10 760 652 402,58.


Article 2

Entry into force

This Decision shall enter into force on 29 December 2010.




Done at Frankfurt am Main, 13 December 2010.


The President of the ECB

Jean-Claude TRICHET
            





(1)  
            OJ L 115, 16.5.2000, p. 1.
Case C-585/10: Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 13 December 2010 — Niels Møller v Haderslev Kommune
Date: 2010-12-13
Institutions: Court of Justice
Subjects: EU environmental policy, air quality, industrial pollution, interpretation of the law, pollution control measures, swine, waste management








C_2011038EN.01000801.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/8





Reference for a preliminary ruling from the Vestre Landsret (Denmark) lodged on 13 December 2010 — Niels Møller v Haderslev Kommune
(Case C-585/10)
2011/C 38/10
Language of the case: Danish

Referring court

Vestre Landsret

Parties to the main proceedings


Applicant: Niels Møller

Defendant: Haderslev Kommune

Question referred

Is subheading 6.6(c) of Annex I to Council Directive 96/61/EC of 24 September 1996 (1) concerning integrated pollution prevention and control to be interpreted as covering places for gilts?


(1)  OJ L 257, p. 26
Case T-569/10: Action brought on 13 December 2010 — Bimbo v OHIM — Panrico (BIMBO DOUGHNUTS)
Date: 2010-12-13
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, bread, confectionery product, food industry, pastry-making, trade-mark law








C_2011046EN.01001501.xml










12.2.2011   


EN


Official Journal of the European Union


C 46/15





Action brought on 13 December 2010 — Bimbo v OHIM — Panrico (BIMBO DOUGHNUTS)
(Case T-569/10)
2011/C 46/29
Language in which the application was lodged: English

Parties


Applicant: Bimbo, SA (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal: Panrico, SL (Barcelona, Spain)

Form of order sought







—


Modify the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 838/2009-4 and grant the Community trade mark application No 5096847;










—


In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2010 in case R 838/2009-4; and










—


Order the defendant and the other party to the proceedings to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘BIMBO DOUGHNUTS’, for goods in class 30 — Community trade mark application No 5096847

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 in opposition: Spanish trade mark registration No 399563 of the word mark ‘DONUT’ for goods in class 30; Spanish trade mark registration No 643273 of the figurative mark ‘donuts’ for goods in class 30; Spanish trade mark registration No 1288926 of the word mark ‘DOGHNUTS’ for goods in class 30; Spanish trade mark registration No 2518530 of the figurative mark ‘donuts’ for goods in class 30; Portuguese trade mark registration No 316988 of the word mark ‘DONUTS’ for goods in class 30; International trade mark registration No 355753 of the word mark ‘DONUT’ for goods in class 30; International trade mark registration No 814272 of the figurative trade mark ‘donuts’ for goods in class 30

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 Articles 75 and 76 of Council Regulation (EC) No 207/2009, as the Board of Appeal disregarded facts and evidences that were submitted in due time by the parties, and that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment of likelihood of confusion.
Case C-582/10: Action brought on 13 December 2010 — European Commission v Republic of Austria
Date: 2010-12-13
Institutions: Court of Justice
Subjects: Austria, EU law - national law, European Commission, inland transport, inland waterway transport, rail transport, road transport, transport of dangerous goods, transport safety








C_2011030EN.01003001.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/30





Action brought on 13 December 2010 — European Commission v Republic of Austria
(Case C-582/10)
()
2011/C 30/47
Language of the case: German

Parties


Applicant: European Commission (represented by: N. Yerrell and B. Schöfer, acting as Agents)

Defendant: Republic of Austria

Form of order sought







—


Declare that, by failing fully to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (1) or fully to communicate such measures to the Commission, the Republic of Austria has failed to fulfil its obligations under that directive;










—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

The time-limit for the transposition of Directive 2008/68/EC expired on 30 June 2009.


(1)  OJ 2008 L 260, p. 13.
Commission Regulation (EU) No 1181/2010 of 13 December 2010 establishing a prohibition of fishing for anchovy in VIII by vessels flying the flag of Spain
Date: 2010-12-13
Institutions: European Commission
Subjects: Spain, authorised catch, catch quota, fishing area, fishing rights, sea fish, ship's flag








L_2010330EN.01000101.xml










15.12.2010   


EN


Official Journal of the European Union


L 330/1








            COMMISSION REGULATION (EU) No 1181/2010
of 13 December 2010
         
establishing a prohibition of fishing for anchovy in VIII 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, 13 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


19/T&Q




Member State


Spain




Stock


ANE/08.




Species


Anchovy (Engraulis encrasicolus)




Zone


VIII




Date


10.6.2010
Commission Regulation (EU) No 1182/2010 of 13 December 2010 establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of the Netherlands
Date: 2010-12-13
Institutions: European Commission
Subjects: EU waters, Netherlands, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010330EN.01000301.xml










15.12.2010   


EN


Official Journal of the European Union


L 330/3








            COMMISSION REGULATION (EU) No 1182/2010
of 13 December 2010
         
establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of the Netherlands


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, 13 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


49/T&Q




Member State


The Netherlands




Stock


SRX/2AC4-C




Species


Skates and rays (Rajidae)




Zone


EU waters of IIa and IV




Date


13.11.2010
Case C-581/10: Reference for a preliminary ruling from the Amtsgericht Köln (Germany), lodged on 13 December 2010 — Emeka Nelson, Bill Chinazo Nelson, Brian Cheimezie Nelson v Deutsche Lufthansa AG
Date: 2010-12-13
Institutions: Court of Justice
Subjects: air transport, consumer protection, indemnification, interpretation of the law, traveller








C_2011072EN.01000803.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/8





Reference for a preliminary ruling from the Amtsgericht Köln (Germany), lodged on 13 December 2010 — Emeka Nelson, Bill Chinazo Nelson, Brian Cheimezie Nelson v Deutsche Lufthansa AG
(Case C-581/10)
2011/C 72/14
Language of the case: German

Referring court

Amtsgericht Köln

Parties to the main proceedings


Applicants: Emeka Nelson, Bill Chinazo Nelson, Brian Cheimezie Nelson

Defendant: Deutsche Lufthansa AG

Questions referred







1.


Does the right to compensation provided for in Article 7 of Regulation (EC) No 261/2004 (1) constitute a claim for non-compensatory damages within the meaning of the second sentence of Article 29 of the Montreal Convention of 28 May 1999 for the unification of certain rules for international carriage by air (‘the Montreal Convention’)?










2.


What is the relationship between, on the one hand, the right to compensation based on Article 7 of Regulation (EC) No 261/2004 which a passenger has, according to the judgment of the Court of Justice of 19 November 2009 in Joined Cases C-402/07 and C-432/07 Sturgeon and Others [2009] ECR I-10923, if he reaches his final destination three hours or more after the scheduled arrival time and, on the other hand, the right to compensation in respect of delay provided for in Article 19 of the Montreal Convention, regard being had to the exclusion under the second sentence of Article 29 of the Montreal Convention?










3.


How may the interpretative criterion underlying the Court of Justice’s judgment in Sturgeon and Others, which allows the right to compensation under Article 7 of Regulation (EC) No 261/2004 to be extended to cover cases of delay, be reconciled with the interpretative criterion which the Court of Justice applied to that regulation in its judgment in Case C-344/04 IATA and ELFAA [2006] ECR I-403?






(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) — Commission Statement (OJ 2004 L 46, p. 1).
Case T-163/09: Order of the General Court (First Chamber) of 13 December 2010 — Martinet v Commission
Date: 2010-12-13
Institutions: General Court
Subjects: European Chemicals Agency, European Commission, action for annulment, anti-discriminatory measure, candidate, damages, equal treatment, fundamental rights








C_2011055EN.01003501.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/35





Order of the General Court (First Chamber) of 13 December 2010 — Martinet v Commission
(Case T-163/09) (1)

2011/C 55/63
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 141, 20.6.2009.
Case C-583/10: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 December 2010 — The United States of America v Christine Nolan
Date: 2010-12-13
Institutions: Court of Justice
Subjects: United States, collective dismissal, entrepreneur, interpretation of the law, labour law








C_2011089EN.01000403.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/4





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 13 December 2010 — The United States of America v Christine Nolan
(Case C-583/10)
2011/C 89/08
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: The United States of America

Defendant: Christine Nolan

Question referred

Does the employer's obligation to consult about collective redundancies, pursuant to Directive 98/59/EC (1), arise (i) when the employer is proposing, but has not yet made, a strategic business or operational decision that will foreseeably or inevitably lead to collective redundancies; or (ii) only when that decision has actually been made and he is then proposing consequential redundancies?


(1)  Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies
OJ L 225, p. 16
Case C-584/10 P: Appeal brought on 13th December 2010 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 30th September 2010 in Case T-85/09: Yassin Abdullah Kadi v European Commission
Date: 2010-12-13
Institutions: Court of Justice
Subjects: European Commission, appeal, fight against crime, infringement of EU law, miscarriage of justice, terrorism








C_2011072EN.01000901.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/9





Appeal brought on 13th December 2010 by the European Commission against the judgment of the General Court (Seventh Chamber) delivered on 30th September 2010 in Case T-85/09: Yassin Abdullah Kadi v European Commission
(Case C-584/10 P)
2011/C 72/15
Language of the case: English

Parties


Appellant: European Commission (represented by: P. Hetsch, S. Boelaert, E. Paasivirta, and M. Konstantinidis, Agents)

Other parties to the proceedings: Yassin Abdullah Kadi, Council of the European Union, French Republic, United Kingdom of Great Britain and Northern Ireland

Form of order sought

The appellants claims that the Court should:






—


Set aside, in whole, the contested judgment;










—


Dismiss Yassin Abdullah Kadi's application for the annulment of Commission adopted Regulation No 1190/2008 (1) insofar as it concerns him, as unfounded;










—


Order that Yassin Abdullah Kadi pays the Commission's costs of this appeal and the proceedings before the General Court.





Pleas in law and main arguments

The Commission submits that the General Court's findings are vitiated by errors of law, as they are based on a legally erroneous standard for judicial review. The pleas of the Commission are as follows:
1.   Pleas relating to the General Court's findings on the applicable standard of judicial review: The Commission submits that the standard of judicial review adopted by the General Court is legally erroneous because the Court of Justice has not settled the precise standard of judicial review applicable to this case and because the particular standard of judicial review adopted by the General Court cannot be required from the EU.
2.   Pleas relating to the General Court's findings on the infringement of the rights of the defence and the right to effective judicial protection and to the infringement of the principle of proportionality: The Commission argues that the General Court erroneously held that the procedures applied by the Commission did not fulfil the fundamental rights requirements for this type of restrictive measures regime; that the GC erroneously dismissed the Commission's argument regarding the domestic proceedings brought by Mr Kadi in the United States; and that the GC erroneously dismissed the Commission's arguments regarding the administrative review and re-examination procedures established pursuant to UNSC Resolutions 1822(2008) and 1904(2009) – including the Focal Point procedure and the Office of the Ombudsperson.


(1)  OJ L 322, p. 25
Case C-248/10: Order of the President of the Court of 13 December 2010 — European Commission v Hellenic Republic
Date: 2010-12-13
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, credit institution, financial instrument








C_2011120EN.01000904.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/9





Order of the President of the Court of 13 December 2010 — European Commission v Hellenic Republic
(Case C-248/10) (1)

2011/C 120/20
Language of the case: Greek
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 209, 31.7.2010.