do-me/EUR-LEX huggingface dataset:
Case T-567/10: Action brought on 16 December 2010 — Vivendi v Commission
Date: 2010-12-16
Institutions: General Court
Subjects: action for annulment (EU), telecommunications, telecommunications industry








C_2011072EN.01001802.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/18





Action brought on 16 December 2010 — Vivendi v Commission
(Case T-567/10)
2011/C 72/31
Language of the case: French

Parties


Applicant: Vivendi (Paris, France) (represented by: O. Fréget, J.Y. Ollier and M. Struys, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible;










—


annul the Commission's decision of 1 October 2010 by which it rejected the complaint lodged by Vivendi on 2 March 2009 (registered under number 2009/4269), for infringement by the French Republic of Directive 2002/77/EC of 16 December 2002 on competition in the markets for electronic communications networks and services and, consequently, Article 106 TFEU, by granting a regulatory advantage as regards setting the level of telephone subscriptions;










—


order the Commission to pay the costs incurred by the applicant before the General Court.





Pleas in law and main arguments

In support of its action, the applicant raises three pleas as regards the substance:






1.


The first plea is based on an infringement of the principle of sound administration in that the Commission limited itself to a summary examination of the complaint submitted to it by the applicant.










2.


The second plea is based on an error of law in relation to the assessment of the concept of special and exclusive rights within the meaning of Directive 2002/77/EC (1) and of Article 106(3) TFEU.






—


The applicant submits that the Commission cannot refrain from sanctioning the fact that the French Republic granted a regulatory advantage to France Télécom by setting the tariff for the universal service telephone subscription at a level which excludes the services offered by any of France Télécom's competitors by referring to the fact that no private operator made an application to eliminate the regulatory advantage.










—


The applicant claims, in the alternative, that such applications were made.














3.


The third plea is based on an error of law and a manifest error of assessment in relation to the scope of the obligations of the national regulator resulting from the electronic communications directives, since the conduct of the Member State cannot be excused by the incompleteness or imprecision of the regulatory framework.






(1)  Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services (OJ 2002 L 249, p. 21).
Commission Regulation (EU) No 1209/2010 of 16 December 2010 fixing the minimum selling price for skimmed milk powder for the twelfth individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-12-16
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010333EN.01005701.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/57








            COMMISSION REGULATION (EU) No 1209/2010
of 16 December 2010
         
fixing the minimum selling price for skimmed milk powder for the twelfth individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the twelfth individual invitation to tender, a minimum selling price should be fixed.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the twelfth individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 14 December 2010, the minimum selling price for skimmed milk powder shall be EUR 207,10/100 kg.


Article 2
This Regulation shall enter into force on 17 December 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2010.


For the Commission, On behalf of the President,
Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 126, 22.5.2010, p. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Extract from the decision concerning VEF banka pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Date: 2010-12-16
Institutions: European Commission
Subjects: Latvia, credit institution, exchange of information, liquidation








C_2010341EN.01001401.xml










16.12.2010   


EN


Official Journal of the European Union


C 341/14





Extract from the decision concerning VEF banka pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
2010/C 341/06
Notification of the winding-up of the public limited liability company ‘VEF banka’.
Based on the decision of the Riga Regional Court of 15 November 2010, the public limited liability company ‘VEF banka’ (registration number 50003063781) is to be wound up as from 15 November 2010.
Claims by creditors and other individuals, and all other claims, must be lodged with the ‘VEF banka’ liquidator Ilze Bagatska (liquidator's business address: Antonijas iela 5-5, Rīga, LV-1010, LATVIJA, tel. +371 67216271), within three months of the day on which notification of the winding-up of ‘VEF banka’ is published in the Official Gazette ‘Latvijas Vēstnesis’.
The body competent to review complaints about these winding-up proceedings is the Riga Regional Court (address: Brīvības bulvāris 34, Rīga, LV-1886, LATVIJA).


Ilze BAGATSKA

‘VEF banka’ liquidator
Commission Regulation (EU) No 1192/2010 of 16 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Ricotta Romana (PDO))
Date: 2010-12-16
Institutions: European Commission
Subjects: Italy, designation of origin, fresh cheese, labelling, location of production, mode of production, product designation, product quality, sheep's milk cheese








L_2010333EN.01002101.xml










17.12.2010   


EN


Official Journal of the European Union


L 333/21








            COMMISSION REGULATION (EU) No 1192/2010
of 16 December 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Ricotta Romana (PDO))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Ricotta Romana’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 737/2005 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the 20th day following 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, 16 December 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 122, 14.5.2005, p. 15.

(4)  
            OJ C 101, 20.4.2010, p. 20.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.3.   Cheeses

ITALY
Ricotta Romana (PDO)
Case T-281/09: Judgment of the General Court of 16 December 2010 — Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA) (Community trade mark — Application for the Community word mark CHROMA — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2010-12-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building, building materials, plumbing equipment, trade-mark law








C_2011046EN.01001201.xml










12.2.2011   


EN


Official Journal of the European Union


C 46/12





Judgment of the General Court of 16 December 2010 — Deutsche Steinzeug Cremer & Breuer v OHIM (CHROMA)
(Case T-281/09) (1)

(Community trade mark - Application for the Community word mark CHROMA - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2011/C 46/22
Language of the case: German

Parties


Applicant: Deutsche Steinzeug Cremer & Breuer AG (Frechen, Germany) (represented by: J. Albrecht, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 8 May 2009 (Case R 1429/2008-4), relating to an application for registration as a Community trade mark of the word sign CHROMA

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Deutsche Steinzeug Cremer & Breuer AG to pay the costs.






(1)  OJ C 244, 10.10.2009.
Case T-571/10: Action brought on 16 December 2010 — Fabryka Łożysk Tocznych-Kraśnik v OHIM — Impexmetal (FŁT-1)
Date: 2010-12-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, metallurgical industry, trade-mark law








C_2011063EN.01002801.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/28





Action brought on 16 December 2010 — Fabryka Łożysk Tocznych-Kraśnik v OHIM — Impexmetal (FŁT-1)
(Case T-571/10)
2011/C 63/54
Language in which the application was lodged: Polish

Parties


Applicant: Fabryka Łożysk Tocznych-Kraśnik S.A. (Kraśnik, Poland) (represented by: J. Sieklucki, 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: Impexmetal S.A. (Warsaw, Poland)

Form of order sought







—


annul in its entirety the decision of the First Board of Appeal of OHIM of 6 October 2010 in Case R 1387/2009-1;










—


order OHIM and IMPEXMETAL S.A. to pay the costs of the proceedings, including the costs incurred by the applicant in its action before the Board of Appeal and the Opposition Division of OHIM.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative trade mark ‘FŁT-1’ for goods in Class 7 — application no 5026372

Proprietor of the mark or sign cited in the opposition proceedings: IMPEXMETAL S.A.

Mark or sign cited in opposition: Community figurative trade marks ‘FŁT’ and national verbal and figurative trade marks ‘FŁT’ for goods in Class 7

Decision of the Opposition Division: opposition upheld in part and trade-mark application rejected in respect of several goods in Class 7

Decision of the Board of Appeal: appeal brought against the decision of the Opposition Division dismissed

Pleas in law: breach of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) by reason of a misappraisal of the similarity of the opposing marks; failure to have regard for the fact that the trade mark applied for constitutes part of the name of the applicant company, which has been used long before the date of the application, and is a historically well-founded designation distinguishing the applicant; and failure to take account of the long-lasting and peaceful co-existence of the trade mark applied for and the trade marks cited in opposition.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).
Case C-537/08 P: Judgment of the Court (First Chamber) of 16 December 2010 — Kahla/Thüringen Porzellan GmbH v Freistaat Thüringen, Federal Republic of Germany, European Commission (Appeal — State aid — Commission decision finding aid to be incompatible with the common market and ordering its recovery — Principles of legal certainty and of the protection of legitimate expectations)
Date: 2010-12-16
Institutions: Court of Justice
Subjects: European Community, Germany, State aid, appeal, balance of payments assistance, small and medium-sized enterprises








C_2011055EN.01000301.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/3





Judgment of the Court (First Chamber) of 16 December 2010 — Kahla/Thüringen Porzellan GmbH v Freistaat Thüringen, Federal Republic of Germany, European Commission
(Case C-537/08 P) (1)

(Appeal - State aid - Commission decision finding aid to be incompatible with the common market and ordering its recovery - Principles of legal certainty and of the protection of legitimate expectations)
2011/C 55/04
Language of the case: German

Parties


Appellant: Kahla/Thüringen Porzellan GmbH (represented by: M. Schütte, S. Zühlke and P. Werner, Rechtsanwälte)

Other parties to the proceedings: Freistaat Thüringen (represented by: A. Weitbrecht and M. Núñez Müller, Rechtsanwälte), Federal Republic of Germany (represented by: M. Lumma and W. D. Plessing, acting as Agents), European Commission (represented by: V. Kreuschitz and K. Gross, acting as Agents, assisted by C. Koenig, professor)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) delivered on 24 September 2008 in Case T-20/03 Kahla/Thüringen Porzellan GmbH, by which the Court of First Instance dismissed an action for the annulment of Commission Decision 2003/643/EC of 13 May 2003 on the State aid implemented by Germany for Kahla Porzellan GmbH and Kahla/Thüringen Porzellan GmbH (OJ 2003 L 227, p. 12), in so far as that decision concerns the financial assistance granted to Kahla/Thüringen Porzellan GmbH — Infringement of the principles of legal certainty and protection of legitimate expectations

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Kahla Thüringen Porzellan GmbH to pay the costs.






(1)  OJ C 44, 21.2.2009.
Support for strengthening the European Union ban on shark finning Declaration of the European Parliament of 16 December 2010 on support for strengthening the European Union ban on shark finning
Date: 2010-12-16
Institutions: European Parliament
Subjects: action programme, fishing regulations, marine mammal, protected species








CE2012169EN.01013701.xml










15.6.2012   


EN


Official Journal of the European Union


CE 169/137





Thursday 16 December 2010Support for strengthening the European Union ban on shark finning
P7_TA(2010)0497
Declaration of the European Parliament of 16 December 2010 on support for strengthening the European Union ban on shark finning
2012/C 169 E/18

The European Parliament,






—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas ‘finning’ is the wasteful practice of slicing off a shark’s fins and discarding the carcass at sea, and is driven by high demand for the delicacy shark fin soup,










B.


whereas finning is contributing to extreme declines in slow-growing shark populations,










C.


whereas one-third of European shark species are threatened with extinction,










D.


whereas the EU finning ban is the world’s weakest with exemptions to land fins and carcasses separately, and an excessive fin-to-carcass weight ratio,










E.


whereas the Commission is considering a range of options for amending the finning ban (Regulation (EC) No 1185/2003),










F.


whereas Parliament asked the Commission to close finning ban loopholes in 2006,










G.


whereas most scientists and the IUCN recommend that sharks be landed with fins naturally attached,










H.


whereas Costa Rica has championed at the United Nations the ‘fins naturally attached’ method, which is being used in many Central and North American fisheries,










1.


Calls on the Commission to deliver a proposal to prohibit the removal of shark fins on-board vessels by the second anniversary of the Community Plan of Action for Sharks (February 2011);










2.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission.






(1)  The list of signatories is published in Annex 1 to the Minutes of 16 December 2010 (P7_PV(2010)12-16(ANN1)).
Case T-164/09: Order of the General Court of 16 December 2010 — Kitou v EDPS (Access to documents — Regulation (EC) No 1049/2001 — Regulation (EC) No 45/2001 — No need to adjudicate)
Date: 2010-12-16
Institutions: General Court
Subjects: European Data Protection Supervisor, access to EU information, action for annulment (EU), confidentiality, data processing








C_2011055EN.01002201.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/22





Order of the General Court of 16 December 2010 — Kitou v EDPS
(Case T-164/09) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Regulation (EC) No 45/2001 - No need to adjudicate)
2011/C 55/38
Language of the case: French

Parties


Applicant: Erasmia Kitou (Brussels, Belgium) (represented by: S. Pappas, lawyer)

Defendant: European Data Protection Supervisor (EDPS) (represented by: H. Hijmans and V. Pérez Asinari, Agents)

Re:

Annulment of the decision of the EDPS of 3 February 2009 in Case No 2008-0600 concerning a complaint brought by Ms Kitou against the intention of the European Commission to reveal personal data.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The European Data Protection Supervisor (EDPS) is ordered to pay the costs.






(1)  OJ C 153, 4.7.2009.
Participation of Switzerland in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning *** European Parliament legislative resolution of 16 December 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013)(12818/2010 – C7-0277/2010 – 2010/0231(NLE))
Date: 2010-12-16
Institutions: Committee on Culture and Education, European Parliament
Subjects: EU financing, EU programme, Switzerland, continuing education, cooperation agreement (EU), education policy, vocational training, young person, youth policy








CE2012169EN.01023401.xml










15.6.2012   


EN


Official Journal of the European Union


CE 169/234





Thursday 16 December 2010Participation of Switzerland in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning ***
P7_TA(2010)0487
European Parliament legislative resolution of 16 December 2010 on the draft Council decision on the conclusion of the Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013)(12818/2010 – C7-0277/2010 – 2010/0231(NLE))
2012/C 169 E/46
(Consent)

The European Parliament,






—


having regard to the draft Council decision (12818/2010),










—


having regard to the draft Agreement between the European Union and the Swiss Confederation establishing the terms and conditions for the participation of the Swiss Confederation in the ‘Youth in Action’ programme and in the action programme in the field of lifelong learning (2007-2013) (13104/2009),










—


having regard to the request for consent submitted by the Council in accordance with Articles 165(4) and 166(4) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0277/2010),










—


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










—


having regard to the recommendation of the Committee on Culture and Education (A7-0334/2010),










1.


Consents to conclusion of the agreement;










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 Swiss Confederation.