do-me/EUR-LEX huggingface dataset:
Information on the date of entry into force of the Fisheries Partnership Agreement between the European Union and the Solomon Islands
Date: 2011-03-18
Institutions: Council of the European Union
Subjects: Solomon Islands, financial compensation of an agreement, fishery resources, fishing agreement, fishing regulations, ratification of an agreement








L_2011073EN.01000101.xml










18.3.2011   


EN


Official Journal of the European Union


L 73/1







Information on the date of entry into force of the Fisheries Partnership Agreement between the European Union and the Solomon Islands

On 7 December 2010, the European Union notified the Solomon Islands of the completion by the Council, on behalf of the European Union, of the procedures necessary for the entry into force of the above Agreement, signed at Brussels on 21 October 2010.
Likewise, the Solomon Islands notified on 9 March 2011 the European Union of the completion of its conclusion procedures.
The agreement accordingly entered into force on 9 March 2011 pursuant to Article 18 thereof.
Case C-134/11: Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 18 March 2011 — Jürgen Blödel-Pawlik v HanseMerkur Reiseversicherung AG
Date: 2011-03-18
Institutions: Court of Justice
Subjects: Germany, fraud, holiday, traveller








C_2011179EN.01000802.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/8





Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 18 March 2011 — Jürgen Blödel-Pawlik v HanseMerkur Reiseversicherung AG
(Case C-134/11)
2011/C 179/13
Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings


Applicant: Jürgen Blödel-Pawlik

Defendant: HanseMerkur Reiseversicherung AG

Question referred

Does Article 7 of Directive 90/314/EEC (1) of 13 June 1990 on package travel, package holidays and package tours also apply when the travel operator becomes insolvent because from the beginning with fraudulent intent it used all the money collected from the travellers for an improper purpose and it was never intended that the trip would be organised?


(1)  Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ 1990 L 158, p. 59).
New national side of euro coins intended for circulation
Date: 2011-03-18
Institutions: European Commission
Subjects: Italy, designs and models, issuing of currency, monetary union








C_2011085EN.01000801.xml










18.3.2011   


EN


Official Journal of the European Union


C 85/8





New national side of euro coins intended for circulation
2011/C 85/05




National side of the new commemorative 2-euro coin intended for circulation and issued by Italy

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: Italy
Subject of commemoration: The 150th anniversary of the unification of Italy
Description of the design: The inner part of the coin shows, at the centre, three Italian flags in the wind, representing the three past 50th anniversaries — 1911, 1961 and 2011 — which illustrate a perfect link between generations: this is the logo of the 150th anniversary of the unification of Italy. At the top, the inscription ‘150o DELL’UNITA’ D’ITALIA’ (150th anniversary of the unification of Italy); at the right, the initials of the issuing country ‘RI’ (Republic of Italy); at the bottom, the dates ‘1861 › 2011 › ›’; under the dates, at the centre, the mintmark ‘R’ and at the right, the initials of the artist Ettore Lorenzo Frapiccini and the first three letters of the Italian name of his profession (incisore) ‘ELF INC.’
The coin’s outer ring depicts the 12 stars of the European flag.
Volume of issuance: 10 million coins
Date of issue: March 2011


(1)  For the other national sides of euro circulation coins, see http://ec.europa.eu/economy_finance/euro/cash/coins/index_en.htm

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case C-273/10: Order of the Court of 18 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain)) — David Montoya Medina v Fondo de Garantia Salarial and Universidad de Alicante (Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4 of the Framework Agreement on fixed-term work — Fixed-term employment contracts in the public sector — Entitlement to triennial seniority bonuses — Principle of non-discrimination)
Date: 2011-03-18
Institutions: Court of Justice
Subjects: framework agreement, social partners, teacher, temporary employment, working time








C_2011186EN.01001001.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/10





Order of the Court of 18 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain)) — David Montoya Medina v Fondo de Garantia Salarial and Universidad de Alicante
(Case C-273/10) (1)

(Article 104(3) of the Rules of Procedure - Social policy - Directive 1999/70/EC - Clause 4 of the Framework Agreement on fixed-term work - Fixed-term employment contracts in the public sector - Entitlement to triennial seniority bonuses - Principle of non-discrimination)
2011/C 186/16
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de la Comunidad Valenciana (Spain)

Parties to the main proceedings


Applicant: David Montoya Medina

Defendants: Fondo de Garantia Salarial and Universidad de Alicante

Re:

Reference for a preliminary ruling — Tribunal Superior de Justicia de la Comunidad Valenciana — Interpretation of Clause 4(4) of the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Contracts of employment as a university lecturer and researcher concluded with State universities — Exclusion of certain benefits from fixed-term contracts

Operative part of the order

Clause 4(1) of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding national legislation which, without any objective justification, restricts the right to receive a seniority bonus to university lecturers on permanent contracts, excluding lecturers on fixed-term contracts where, as regards receipt of that bonus, those two categories of workers are in comparable situations.


(1)  OJ C 221, 14.8.2010.
Corrigendum to the information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation) ( OJ C 78, 11.3.2011 )
Date: 2011-03-18
Institutions: European Commission
Subjects: Germany, State aid, control of State aid, employment aid, industrial research, investment aid








C_2011085EN.01001301.xml










18.3.2011   


EN


Official Journal of the European Union


C 85/13





Corrigendum to the information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation)
(
Official Journal of the European Union C 78 of 11 March 2011
)
2011/C 85/08
On page 20:
for:







‘Reference number of the State Aid


SA.31163’,





read:







‘Reference number of the State Aid


X 282/10 (SA.31163)’.
Case C-133/11: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 18 March 2011 — Folien Fischer AG and Fofitec AG v RITRAMA SpA
Date: 2011-03-18
Institutions: Court of Justice
Subjects: Germany, civil law, competition law, criminal law, jurisdiction, ruling








C_2011204EN.01001202.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/12





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 18 March 2011 — Folien Fischer AG and Fofitec AG v RITRAMA SpA
(Case C-133/11)
2011/C 204/22
Language of the case: German

Referring court

Bundesgerichtshof (Federal Court of Justice)

Parties to the main proceedings


Applicants: Folien Fischer AG and Fofitec AG

Defendant: RITRAMA SpA

Question referred

Is Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) to be interpreted as meaning that jurisdiction in matters relating to tort or delict also exists in respect of an action for a negative declaration in which a potential injuring party asserts that the party potentially injured by a particular situation has no claim in tort or delict (in this case, infringement of the provisions of anti-trust law)?


(1)  OJ 2001 L 12, p. 1.
Euro exchange rates
Date: 2011-03-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2011085EN.01000301.xml










18.3.2011   


EN


Official Journal of the European Union


C 85/3





Euro exchange rates (1)

17 March 2011
2011/C 85/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4004




JPY


Japanese yen


110,42




DKK


Danish krone


7,4586




GBP


Pound sterling


0,86745




SEK


Swedish krona


8,9905




CHF


Swiss franc


1,2625




ISK


Iceland króna


 




NOK


Norwegian krone


7,8985




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,396




HUF


Hungarian forint


273,74




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7070




PLN


Polish zloty


4,0790




RON


Romanian leu


4,1800




TRY


Turkish lira


2,2182




AUD


Australian dollar


1,4216




CAD


Canadian dollar


1,3808




HKD


Hong Kong dollar


10,9252




NZD


New Zealand dollar


1,9391




SGD


Singapore dollar


1,7922




KRW


South Korean won


1 586,55




ZAR


South African rand


9,9220




CNY


Chinese yuan renminbi


9,2076




HRK


Croatian kuna


7,3763




IDR


Indonesian rupiah


12 298,92




MYR


Malaysian ringgit


4,2803




PHP


Philippine peso


61,477




RUB


Russian rouble


40,0900




THB


Thai baht


42,404




BRL


Brazilian real


2,3367




MXN


Mexican peso


16,9434




INR


Indian rupee


63,2300






(1)  Source: reference exchange rate published by the ECB.
Draft amending budget No 1 of the European Union for the financial year 2011 — Council position
Date: 2011-03-18
Institutions: Council of the European Union
Subjects: Council of the European Union, European Union, amending budget, draft budget (EU), financial year, general budget (EU)








C_2011085EN.01000201.xml










18.3.2011   


EN


Official Journal of the European Union


C 85/2





Draft amending budget No 1 of the European Union for the financial year 2011 — Council position
2011/C 85/02
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic and Energy Community, and in particular Article 106a thereof,
Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), as last amended by Regulation (EU, Euratom) No 1081/2010 of the European Parliament and of the Council of 24 November 2010 (2), and in particular Article 37 thereof,
Whereas:






—


the European Union's general budget for the financial year 2011 was definitively adopted on 15 December 2010 (3),










—


on 14 January 2011, the Commission submitted a proposal containing draft amending budget No 1 to the general budget for the financial year 2011,




HAS DECIDED AS FOLLOWS:
Sole Article
The Council's position on draft amending budget No 1 of the European Union for the financial year 2011 was adopted on 15 March 2011.
The full text can be accessed for consultation or downloading on the Council's website: http://www.consilium.europa.eu/

Done at Brussels, 15 March 2011.


For the Council


The President

MATOLCSY Gy.




(1)  OJ L 248, 16.9.2002, p. 1, with corrigenda in OJ L 25, 30.1.2003, p. 43 and OJ L 99, 14.4.2007, p. 18.

(2)  OJ L 311, 26.11.2010, p. 9.

(3)  OJ L 68, 15.3.2011, p. 1.
Case T-179/11: Action brought on 18 March 2011 — Sport Eybl & Sports Experts v OHIM — Seven (SEVEN SUMMITS)
Date: 2011-03-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011152EN.01002701.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/27





Action brought on 18 March 2011 — Sport Eybl & Sports Experts v OHIM — Seven (SEVEN SUMMITS)
(Case T-179/11)
2011/C 152/48
Language in which the application was lodged: English

Parties


Applicant: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: S. Fürst, lawyer)

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

Other party to the proceedings before the Board of Appeal: Seven SpA (Leinì, Italy)

Form of order sought







—


Overrule the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 January 2011 in case R 364/2010-4;










—


Fix the total amount of costs to be paid by the defendant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘SEVEN SUMMITS’, in colours blue and red, for amongst others goods in class 18 — Community trade mark application No 6307243

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: Community trade mark registration No 3489234 of the figurative mark ‘Seven’, for goods in classes 16 and 18; Community trade mark registration No 4783866 of the figurative mark ‘7Seven’, for goods in classes 16 and 18

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly determined the existence of likelihood of confusion.
Case T-160/11: Action brought on 18 March 2011 — Petroci v Council
Date: 2011-03-18
Institutions: General Court
Subjects: Côte d'Ivoire, action for annulment, change of political system, economic sanctions, human rights, international sanctions, natural person, political rights, political system








C_2011139EN.01002601.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/26





Action brought on 18 March 2011 — Petroci v Council
(Case T-160/11)
2011/C 139/49
Language of the case: French

Parties


Applicant: Petroci Holding (Abidjan, Ivory Coast) (represented by: M. Ceccaldi, lawyer)

Defendant: Council of the European Union

Form of order sought







—


Annul Decision 2011/18/CFSP and Council Regulation (EU) No 25/2011 of 14 January 2011 imposing restrictive measures against certain persons and entities including Petroci Holding;










—


Order the Council to pay the costs.





Pleas in law and main arguments

The pleas in law and main arguments relied on by the applicant are essentially identical with or similar to those raised in Case T-142/11 SIR v Council.
Case T-178/11: Action brought on 18 March 2011 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional ‘bottle’ )
Date: 2011-03-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), bottling, trade-mark law








C_2011145EN.01003602.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/36





Action brought on 18 March 2011 — Voss of Norway v OHIM — Nordic Spirit (Three-dimensional ‘bottle’)
(Case T-178/11)
2011/C 145/61
Language in which the application was lodged: English

Parties


Applicant: Voss of Norway ASA (Oslo, Norway) (represented by: F. Jacobacci and B. La Tella, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nordic Spirit AB (pubI) (Stockholm, Sweden)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 January 2011 in case R 785/2010-1; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The three-dimensional mark representing a ‘bottle’, for goods in classes 32 and 33 — Community trade mark registration No 3156163

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The party requesting the declaration of invalidity grounded its request on absolute grounds for refusal pursuant to Article 52(1)(a) in conjunction with Article 7 of Council Regulation (EC) No 207/2009, and that the proprietor of the Community trade mark acted in bad faith when filing the application pursuant to Article 52(1)(b) of Council Regulation (EC) No 207/2009.

Decision of the Cancellation Division: Rejected the application for invalidity

Decision of the Board of Appeal: Declared the Community trade mark registration invalid

Pleas in law: Infringement of Articles 75, 99 and 7(1)(b) of Council Regulation No 207/2009, as well as infringement of Rule 37(b)(iv) of Commission Regulation (EC) No 2868/95, as the Board of Appeal erred (i) in its motivation by basing it on a new requirement for establishing validity of three-dimensional trademarks, on which the applicant did not had the opportunity to present its comments; (ii) in shifting the onus of proof in violation of fair trials principles; (iii) in misinterpreting and misapplying Article 7(1)(b) of the CTMR; and (iv) by seriously distorting the facts in order to arrive at the wrong conclusion.
Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2011-03-18
Institutions: European Commission
Subjects: France, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2011085EN.01000901.xml










18.3.2011   


EN


Official Journal of the European Union


C 85/9





Commission information notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 85/06






Member State


France




Routes concerned


Clermont-Ferrand–Lille
Clermont-Ferrand–Marseille
Clermont-Ferrand–Strasbourg
Clermont-Ferrand–Toulouse




Date of entry into force of the public service obligations


Repeal




Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained


Order of 2 February 2011 repealing the Orders of 26 November 2009 imposing public service obligations in respect of scheduled air services from Clermont-Ferrand to Lille, Marseilles, Strasbourg and Toulouse and vice versa
NOR: DEVA1103124A
http://www.legifrance.gouv.fr/initRechTexte.do
For further information please contact:





Direction Générale de l'Aviation Civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tel. +33 158094321




E-mail: osp-compagnies.dta@aviation-civile.gouv.fr
Case T-457/09 R: Order of the President of the General Court of 18 March 2011 — Westfälisch-Lippischer Sparkassen- und Giroverband v Commission (Interim procedure — Authorisation of State aid for the restructuring of a bank — Abandonment of a branch as a compensatory indemnity — Urgency — Weighing up of the interests)
Date: 2011-03-18
Institutions: General Court
Subjects: European Commission, Germany, State aid, action for annulment (EU), aid for restructuring, financial institution








C_2011160EN.01002203.xml










28.5.2011   


EN


Official Journal of the European Union


C 160/22





Order of the President of the General Court of 18 March 2011 — Westfälisch-Lippischer Sparkassen- und Giroverband v Commission
(Case T-457/09 R)
(Interim procedure - Authorisation of State aid for the restructuring of a bank - Abandonment of a branch as a compensatory indemnity - Urgency - Weighing up of the interests)
2011/C 160/36
Language of the case: German

Parties


Applicant: Westfälisch-Lippischer Sparkassen- und Giroverband (Münster, Germany) (represented by: A. Rosenfeld and I. Liebach, lawyers)

Defendant: European Commission (represented by: L. Flynn, B. Martenczuk and T. Maxian Rusche, acting as Agents)

Re:

Application for stay of execution of Article 2(1), read in conjunction with points 5.4, 5.7 and 6.7 in the Annex to Commission Decision C(2009) 3900 final corr. of 12 May 2009, in Case C-43/2008 (ex N 390/2008) concerning restructuring aid that the German authorities intend to implement for WestLB AG, reading that decision in conjunction with Commission Decision C(2010) 9525 final of 21 December 2010 in State aid Cases MC 8/2009 and C-43/2009 — Germany — WestLB, to the extent that it follows therefrom that new operations by the Westdeutsche Immobilien Bank AG must be terminated after 15 February 2011.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The order of 31 January 2011 in Case T-457/09 R Westfälisch-Lippischer Sparkassen- und Giroverband v Commission is rescinded.










3.


The applications to intervene made by Westdeutsche Immobilien Bank AG, Landschaftsverband Westfalen-Lippe, Landschaftsverband Rheinland, WestLB, the Land of Rhineland-North Westphalia and Rheinischer Sparkassen- und Giroverband have become devoid of purpose.










4.


Costs are reserved.