do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 126/2011 of 11 February 2011 entering a name in the register of protected designations of origin and protected geographical indications (Oie d’Anjou (PGI))
Date: 2011-02-11
Institutions: European Commission
Subjects: France, designation of origin, fresh meat, location of production, mode of production, preparation for market, product designation








L_2011038EN.01002401.xml










12.2.2011   


EN


Official Journal of the European Union


L 38/24








            COMMISSION REGULATION (EU) No 126/2011
of 11 February 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Oie d’Anjou (PGI))


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)


Pursuant to the first subparagraph of Article 6(2) and having regard to Article 17(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Oie d’Anjou’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


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, 11 February 2011.


For the Commission, On behalf of the President,
Dacian CIOLOŞ
            

Member of the Commission






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

(2)  
            OJ C 162, 22.6.2010, p. 11.




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

Class 1.1.   Fresh meat (and offal)

FRANCE
Oie d’Anjou (PGI)
Commission Regulation (EU) No 124/2011 of 11 February 2011 fixing the amount of private storage aid for certain fishery products in the 2011 fishing year
Date: 2011-02-11
Institutions: European Commission
Subjects: common fisheries policy, fixing of prices, guide price, producer price, sea fish, storage








L_2011038EN.01002101.xml










12.2.2011   


EN


Official Journal of the European Union


L 38/21








            COMMISSION REGULATION (EU) No 124/2011
of 11 February 2011
         
fixing the amount of private storage aid for certain fishery products in the 2011 fishing year


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1),


Having regard to Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products (2), and in particular Article 1 thereof,

Whereas:







(1)


Private storage aid should not exceed the sum of technical and financial costs recorded in the Union during the fishing year preceding the year in question.












(2)


To discourage long-term storage, to shorten payment times and to reduce the burden of controls, private storage aid should be paid in one single instalment.












(3)


In order not to hinder the operation of the intervention system in the year 2011, this Regulation should apply retroactively from 1 January 2011.












(4)


The measures provided for in this Regulation are in accordance with the Management Committee for Fishery Products,





HAS ADOPTED THIS REGULATION:



Article 1
For the 2011 fishing year the amount of private storage aid, referred to in Article 25 of Regulation (EC) No 104/2000, for the products listed in Annex II to that Regulation shall be as follows:








—


first month


:


EUR 219 per tonne,




—


second month


:


EUR 0 per tonne.






Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 February 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 17, 21.1.2000, p. 22.

(2)  
            OJ L 326, 22.12.2000, p. 30.
Case T-152/11: Action brought on 11 March 2011 — TMS Trademark-Schutzrechtsverwertungsgesellschaft v OHIM
Date: 2011-02-11
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile product, trade-mark law








C_2011139EN.01002401.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/24





Action brought on 11 March 2011 — TMS Trademark-Schutzrechtsverwertungsgesellschaft v OHIM
(Case T-152/11)
2011/C 139/45
Language in which the application was lodged: German

Parties


Applicant: TMS Trademark-Schutzrechtsverwertungsgesellschaft mbH (Düsseldorf, Germany) (represented by: B. Hein and M.-H. Hoffmann, lawyers)

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

Other party to the proceedings before the Board of Appeal: Comercial Jacinto Parera, SA (Barcelona, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2010 in Case R 449/2009-2;










—


Order the defendant to pay the costs, including those incurred during the proceedings before the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for revocation has been made: Figurative mark ‘MAD’ for goods in Class 25.

Proprietor of the Community trade mark: Comercial Jacinto Parera, SA.

Party applying for revocation of the Community trade mark: The applicant.

Decision of the Cancellation Division: Rejection in part of the claim.

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

Pleas in law: Infringement of Article 15 and Article 51 of Regulation (EC) No 207/2009 (1) and of Rule 22 of Regulation (EC) No 2968/95, (2) in that the Board of Appeal should not have reached the conclusion on the basis of the documents submitted as proof of use that the figurative mark ‘MAD’ is in genuine use for ‘items of clothing’.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

(2)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).
Decision of the EEA Joint Committee No 2/2011 of 11 February 2011 amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement
Date: 2011-02-11
Institutions: EEA Joint Committee
Subjects: Community certification, ecology, electrical equipment, environmental impact, environmental protection, household electrical appliance, lighting equipment, non-ionising radiation, product safety




L_2011093EN.01003101.xml










7.4.2011   


EN


Official Journal of the European Union


L 93/31








            DECISION OF THE EEA JOINT COMMITTEE
         
No 2/2011
of 11 February 2011
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 124/2009 of 4 December 2009 (1).












(2)


Annex IV to the Agreement was amended by Decision of the EEA Joint Committee No 69/2010 of 11 June 2010 (2).












(3)


Commission Regulation (EC) No 859/2009 of 18 September 2009 amending Regulation (EC) No 244/2009 as regards the ecodesign requirements on ultraviolet radiation of non-directional household lamps (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be added in point 10 (Commission Regulation (EC) No 244/2009) of Chapter IV of Annex II to the Agreement:

                  ‘, as amended by:






—



32009 R 0859: Commission Regulation (EC) No 859/2009 of 18 September 2009 (OJ L 247, 19.9.2009, p. 3).’.






Article 2
The following shall be added in point 33 (Commission Regulation (EC) No 244/2009) of Annex IV to the Agreement:

                  ‘, as amended by:






—



32009 R 0859: Commission Regulation (EC) No 859/2009 of 18 September 2009 (OJ L 247, 19.9.2009, p. 3).’.






Article 3
The text of Regulation (EC) No 859/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 4
This Decision shall enter into force on 12 February 2011, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 11 February 2011.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 62, 11.3.2010, p. 9.

(2)  
            OJ L 244, 16.9.2010, p. 22.

(3)  
            OJ L 247, 19.9.2009, p. 3.

(*1)  No constitutional requirements indicated.
Corrigendum to Directive 2009/64/EC of the European Parliament and of the Council of 13 July 2009 on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility) ( OJ L 216, 20.8.2009 )
Date: 2011-02-11
Institutions: Council of the European Union, European Parliament
Subjects: agricultural vehicle, approximation of laws, electromagnetic interference, innovation, new technology, technical regulations, technical standard, tractor








L_2011037EN.01003001.xml










11.2.2011   


EN


Official Journal of the European Union


L 37/30







Corrigendum to Directive 2009/64/EC of the European Parliament and of the Council of 13 July 2009 on the suppression of radio interference produced by agricultural or forestry tractors (electromagnetic compatibility)
(
Official Journal of the European Union L 216 of 20 August 2009
)

On page 21, Annex II:
for:

3.11.2.2.   Rased power VA’,

read:

3.11.2.2.   Rated power: VA’;

for:

‘7.   Steerling’,

read:

‘7.   Steering’;

for:

‘9.   Field of vision, glaxing, windscreen wipers and rear-view mirrors’,

read:

‘9.   Field of vision, glazing, windscreen wipers and rear-view mirrors’;

for:

‘9.2.   Glaxing:’,

read:

‘9.2.   Glazing:’;

for:

‘9.4.   Rear-view mince(s) (position of each):’,

read:

‘9.4.   Rear-view mirror(s) (position of each):’;

on page 34, Annex VI, point 6.1, Measurements:
for:


                  ‘Las mediciones se efectuarán en la gama de frecuencias que va desde los 30 hasta los 1 000 MHz. A fin de comprobar que se cumplen los requisitos del presente anexo, la autoridad encargada del ensayo efectuará ensayos enhasta 13 frecuencias de dicha gama, por ejemplo 45, 65, 90, 120, 150, 190, 230, 280, 380, 450, 600, 750 y900 MHz. En caso de que se rebase el límite durante el ensayo, se deberá comprobar si ello se debe al vehículo yno a la radiación ambiental.’,

read:


                  ‘Measurements shall be made throughout the 30 to 1 000 MHz frequency range. To confirm that the vehicle meets the requirements of this Annex, the Testing Authority shall test at up to 13 frequencies in the range, for example 45, 65, 90, 120, 150, 190, 230, 280, 380, 450, 600, 750, 900 MHz. In the event that the limit is exceeded during the test, investigations shall be made to ensure that this is due to the vehicle and not to background radiation.’.
Communication from the Commission upon full use of the ‘abatimento’ quota for 2010 (sorghum, Spain)
Date: 2011-02-11
Institutions: European Commission
Subjects: Spain, award of contract, import, originating product, sorghum, tariff quota








C_2011043EN.01000101.xml










11.2.2011   


EN


Official Journal of the European Union


C 43/1





Communication from the Commission upon full use of the ‘abatimento’ quota for 2010 (sorghum, Spain)
2011/C 43/01
Commission Regulation (EU) No 1262/2010 of 22 December 2010 provides for the prolongation of the tenders for the 2010 quota for import from third countries, for release for free circulation in Spain, of 300 000 tonnes of sorghum, until the quota is completely used and at the latest until 31 May 2011. On 18 January 2011, the quantity of the 2010 quota has been completely used.
Case C-390/09: Order of the President of the Third Chamber of the Court of 11 February 2011 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Reti Televisive Italiane SpA (RTI) v Autorità per le Garanzie nelle Communicazioni, Sky Italia Srl
Date: 2011-02-11
Institutions: Court of Justice
Subjects: Italy, advertising, audiovisual co-production, distance selling, interpretation of the law








C_2011252EN.01002604.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/26





Order of the President of the Third Chamber of the Court of 11 February 2011 (reference for a preliminary ruling from the Consiglio di Stato (Italy)) — Reti Televisive Italiane SpA (RTI) v Autorità per le Garanzie nelle Communicazioni, Sky Italia Srl
(Case C-390/09) (1)

2011/C 252/51
Language of the case: Italian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 312, 19.12.2009.
Case T-85/11 P: Appeal brought on 11 February 2011 by Luigi Marcuccio against the judgment of the Civil Service Tribunal delivered on 23 November 2010 in Case F-65/09, Marcuccio v Commission
Date: 2011-02-11
Institutions: General Court
Subjects: European Commission, action for annulment (EU), damages, health care, redemption








C_2011103EN.01002701.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/27





Appeal brought on 11 February 2011 by Luigi Marcuccio against the judgment of the Civil Service Tribunal delivered on 23 November 2010 in Case F-65/09, Marcuccio v Commission
(Case T-85/11 P)
2011/C 103/46
Language of the case: Italian

Parties


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

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the General Court should:






—


in any event, set aside in its entirety and without exception the judgment under appeal;










—


declare that the document produced by the Commission on the day of the hearing has always been and remains totally inadmissible in hanc litem;










—


allow in its entirety and without any exception whatsoever the relief sought at first instance;










—


order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings;










—


in the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal is brought against the judgment of the Civil Service Tribunal of 23 November 2010. That judgment dismissed an action for annulment of the decision of 5 August 2008, adopted pursuant to the judgment delivered by the Court of First Instance on 10 June 2008 in Case T-18/04 Marcuccio v Commission (not published in the ECR), annulment of the decision to reject the complaint against that decision and an order that the Commission pay the appellant a certain sum by way of compensation for the damage purportedly suffered as a result of those decisions.
The appellant relies on four grounds of appeal.






1.


First ground, alleging certain procedural errors and errors in judicando on the grounds, inter alia, of breach of the rights of the defence.










2.


Second ground, alleging that the author of the decision annulment of which was sought at first instance lacked competence.










3.


Third ground, alleging absolute failure to state reasons in connection with the annulment sought at first instance.










4.


Fourth ground, alleging that a large number of the statements in the judgment under appeal are unlawful on account, inter alia, of the following defects: (a) breach and incorrect and unreasonable interpretation and application of legal rules; (b) breach of the principle patere legem quam ipse fecisti; (c) misuse of power, including abuse of process; (d) absolute failure to state reasons.
Prior notification of a concentration (Case COMP/M.6110 — Aegon/Unnim/Caixasabadell Vida) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-02-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, investment company, merger control








C_2011043EN.01002001.xml










11.2.2011   


EN


Official Journal of the European Union


C 43/20





Prior notification of a concentration
(Case COMP/M.6110 — Aegon/Unnim/Caixasabadell Vida)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 43/09






1.


On 1 February 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Aegon Spanje (‘Aegon Spanje’, Spain) controlled by Aegon NV (‘Aegon’, the Netherlands) and Unnim (‘Unnim’, Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Caixasabadell Vida (‘Caixasabadell Vida’, Spain), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Aegon Spanje: production and distribution, directly and indirectly, of insurance and pension products in Spain,










—


for Aegon: asset management, insurance, pension and related products, mainly in the United States, the Netherlands and the United Kingdom,










—


for Unnim: group of companies that engages mainly in banking operations and to a much lesser extent insurance distribution in Spain,










—


for Caixasabadell Vida: life insurance and pension products in Spain.














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.6110 — Aegon/Unnim/Caixasabadell Vida, 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’).
Information on the date of signature of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of the Seychelles
Date: 2011-02-11
Institutions: Council of the European Union
Subjects: Seychelles, cooperation agreement, economic development, fishery management, fishing agreement, fishing area, fishing industry, fishing rights








L_2011037EN.01000101.xml










11.2.2011   


EN


Official Journal of the European Union


L 37/1







Information on the date of signature of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Community and the Republic of the Seychelles

The European Union and the Government of the Republic of the Seychelles signed the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement in Brussels on 18 January 2011.
The Protocol accordingly applies provisionally from 18 January 2011 pursuant to Article 13 thereof.