do-me/EUR-LEX huggingface dataset:
Case T-251/11: Action brought on 18 May 2011 — Austria v Commission
Date: 2011-05-18
Institutions: General Court
Subjects: Austria, State aid, abuse of power, action for annulment, energy consumption, environmental protection








C_2011232EN.01003002.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/30






Action brought on 18 May 2011 — Austria v Commission
(Case T-251/11)
(2011/C 232/55)
Language of the case: German

Parties


Applicant: Republic of Austria (represented by: C. Pesendorfer, Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the Commission Decision C(2011) 1363 of 8 March 2011 on the Austrian State aid measure No C 24/2009 for energy-intensive businesses under the Green Electricity Act;










—


order the Commission to pay the costs.





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 incorrect application of Article 107 (1) TFEU — no State aid:
In the applicant’s opinion, Section 22c of the Austrian Green Electricity Act (BGBL. I No 114/2008) (ÖSG) limiting costs for energy-intensive businesses is not State Aid for the reason that no use of ‘State resources’ is involved.










2.


Second plea in law, alleging incorrect application of Article 107 (1) TFEU –absence of selectivity:
In the applicant’s opinion, neither de iure selectivity nor de facto selectivity can be considered to exist. Even if that is assumed from the fact that Section 22c ÖSG leads to a departure from the reference price system, that departure appears justified by the rationale and internal structure of the system for the support of green electricity.










3.


Third plea in law, alleging incorrect application of Article 107 (1) TFEU — misuse of discretion:
If the proposed measure were nonetheless to be deemed to be aid, the measure falls, in the applicant’s opinion, within the scope of the Community guidelines on State aid for environmental protection: There is moreover an analogy to be drawn between the notified compensatory payment under Section 22c ÖSG and the rules for the assessment of exemptions from energy taxes covered by Community legislation under Section 4 of the Guidelines; consequently, on the basis of that analogy, the compensatory arrangement ought to have been permitted. In addition to the application by analogy of the Guidelines, an analogy with Article 25 of the general block exemption regulation is also conceivable.










4.


Fourth plea in law: Different treatment by the European Commission of comparable situations in terms of competition:
In the applicant’s opinion, the question arises why comparable situations in terms of competition — with reference to the similarities between the ÖSG and the German Renewable Energy Act, particularly in respect of the economic and competitive effects — have manifestly been treated differently. That appears incompatible with the general principle of equal treatment.
Macro-financial assistance for Ukraine ***I European Parliament legislative resolution of 18 May 2010 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to Ukraine (COM(2009)0580 – C7-0277/2009 – 2009/0162(COD))#P7_TC1-COD(2009)0162 Position of the European Parliament adopted at first reading on 18 May 2010 with a view to the adoption of Decision No …/2010/EU of the European Parliament and of the Council providing macro-financial assistance to Ukraine
Date: 2011-05-18
Institutions: Committee on International Trade, European Parliament
Subjects: EU aid, Ukraine, economic situation, financial aid








CE2011161EN.01025601.xml










31.5.2011   


EN


Official Journal of the European Union


CE 161/256





Tuesday 18 May 2010Macro-financial assistance for Ukraine ***I
P7_TA(2010)0169
European Parliament legislative resolution of 18 May 2010 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to Ukraine (COM(2009)0580 – C7-0277/2009 – 2009/0162(COD))
2011/C 161 E/31
(Ordinary legislative procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2009)0580),
having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0101/2009),
having regard to the Commission Communication to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665) and the addendum thereto (COM(2010)0147),
having regard to Article 294(3) and Article 212 of the Treaty on the Functioning of the European Union,
having regard to the undertaking given by the Council representative by letter of 17 May 2010 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,
having regard to Rule 55 of its Rules of Procedure,
having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A7-0058/2010),






1.


Adopts its position at first reading hereinafter set out;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






Tuesday 18 May 2010P7_TC1-COD(2009)0162
Position of the European Parliament adopted at first reading on 18 May 2010 with a view to the adoption of Decision No …/2010/EU of the European Parliament and of the Council providing macro-financial assistance to Ukraine

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 388/2010/EU.)
Commission Implementing Regulation (EU) No 484/2011 of 18 May 2011 entering a name in the register of protected designations of origin and protected geographical indications [Gönci kajszibarack (PGI)]
Date: 2011-05-18
Institutions: European Commission
Subjects: Hungary, cereals, designation of origin, labelling, product designation








L_2011133EN.01000401.xml










20.5.2011   


EN


Official Journal of the European Union


L 133/4








            COMMISSION IMPLEMENTING REGULATION (EU) No 484/2011
of 18 May 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Gönci kajszibarack (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 in accordance with Article 17(2) of Regulation (EC) No 510/2006, Hungary’s application to register the name ‘Gönci kajszibarack’ 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, 18 May 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 247, 14.9.2010, p. 6.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

HUNGARY
Gönci kajszibarack (PGI)
State aid — Decision to raise no objections
Date: 2011-05-18
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, reduction of gas emissions, tax exemption








C_2011278EN.01000701.xml










22.9.2011   


EN


Official Journal of the European Union


C 278/7





State aid — Decision to raise no objections
2011/C 278/08
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


18 May 2011




Case number


:


69660




Decision number


:


144/11/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Scheme for the grant of temporary exemption to undertakings entering into an environmental agreement with the State relating to the reduction of nitrogen oxide (‘NOx’) emissions




Legal basis


:


Article 61(3)(c) of the EEA Agreement, Article 159(c) of the Environmental Aid Guidelines




Type of measure


:


Aid scheme




Objective


:


Reduction of NOx emissions




Form of aid


:


Tax exemption




Budget


:


—




Duration


:


1 January 2011 to 31 December 2017




Economic sectors


:


Various sectors




Name and address of the granting authority


:







Ministry of the Environment




PO Box 8013 Dep.




0030 Oslo




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-423/10: Judgment of the Court (Eighth Chamber) of 18 May 2011 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)) — Delphi Deutschland GmbH v Hauptzollamt Düsseldorf (Common Customs Tariff — Combined Nomenclature — Classification for customs purposes — Electrical connectors — Subheading 853669 — Plugs and sockets)
Date: 2011-05-18
Institutions: Court of Justice
Subjects: Combined Nomenclature, common customs tariff, electrical equipment, interpretation of the law








C_2011204EN.01001201.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/12





Judgment of the Court (Eighth Chamber) of 18 May 2011 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)) — Delphi Deutschland GmbH v Hauptzollamt Düsseldorf
(Case C-423/10) (1)

(Common Customs Tariff - Combined Nomenclature - Classification for customs purposes - Electrical connectors - Subheading 8536 69 - Plugs and sockets)
2011/C 204/21
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Delphi Deutschland GmbH

Defendant: Hauptzollamt Düsseldorf

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1810/2004 of 7 September 2004 (OJ 2004 L 327, p. 1), Commission Regulation (EC) No 1719/2005 of 27 October 2005 (OJ 2005 L 286, p. 1) and Commission Regulation (EC) No 1549/2006 of 17 October 2006 (OJ 2006 L 301, p. 1) — Electrical connectors, intended to be crimped to the ends of electric wire and housed in plastic casing in order to join two cables — Classification under subheading 8536 69 of the Combined Nomenclature

Operative part of the judgment

Subheading 8536 69 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended with respect to 2005, 2006 and 2007 respectively by Commission Regulation (EC) No 1810/2004 of 7 September 2004, Commission Regulation (EC) No 1719/2005 of 27 October 2005 and Commission Regulation (EC) No 1549/2006 of 17 October 2006, must be interpreted as meaning that electrical connectors, such as those at issue in the main proceedings, are not excluded from that subheading on the ground that they do not ensure the insulation of the connection at the connection point or that they represent only some of the plugs and sockets manufactured subsequently, provided that they permit multi-way connection, for instance between appliances, cables and connector boards, simply by plugging the attached plugs into the attached sockets with no assembly work required.


(1)  OJ C 317, 20.11.2010.
Case T-502/07: Judgment of the General Court of 18 May 2011 — IIC-Intersport International v OHIM — McKenzie (McKENZIE) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark McKENZIE — Earlier Community figurative and word marks McKINLEY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2011-05-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011194EN.01001202.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/12





Judgment of the General Court of 18 May 2011 — IIC-Intersport International v OHIM — McKenzie (McKENZIE)
(Case T-502/07) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative trade mark McKENZIE - Earlier Community figurative and word marks McKINLEY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 194/17
Language of the case: English

Parties


Applicant: IIC-Intersport International Corp. GmbH (Ostermundigen, Switzerland) (represented by: P. Steinhauser, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM: The McKenzie Corporation Ltd (Ponteland Village, Newcastle Upon Tyne, United Kingdom) (represented by: D. Alexander QC, R. Kempner and O.M. Delafaille, Solicitors)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 October 2007 (Case R 1425/2006-2) relating to opposition proceedings between The McKenzie Corporation Ltd and IIC — Intersport International Corp. GmbH

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders IIC-Intersport International Corp. GmbH to pay the costs.






(1)  OJ C 51, 23.2.2008.
Euro exchange rates
Date: 2011-05-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2011147EN.01000801.xml










18.5.2011   


EN


Official Journal of the European Union


C 147/8





Euro exchange rates (1)

17 May 2011
2011/C 147/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4171




JPY


Japanese yen


115,69




DKK


Danish krone


7,4566




GBP


Pound sterling


0,87290




SEK


Swedish krona


9,0015




CHF


Swiss franc


1,2553




ISK


Iceland króna


 




NOK


Norwegian krone


7,9385




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,454




HUF


Hungarian forint


267,69




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


3,9288




RON


Romanian leu


4,1115




TRY


Turkish lira


2,2484




AUD


Australian dollar


1,3393




CAD


Canadian dollar


1,3818




HKD


Hong Kong dollar


11,0178




NZD


New Zealand dollar


1,8157




SGD


Singapore dollar


1,7695




KRW


South Korean won


1 550,67




ZAR


South African rand


9,9056




CNY


Chinese yuan renminbi


9,2195




HRK


Croatian kuna


7,4150




IDR


Indonesian rupiah


12 153,35




MYR


Malaysian ringgit


4,3200




PHP


Philippine peso


61,422




RUB


Russian rouble


39,9175




THB


Thai baht


42,938




BRL


Brazilian real


2,3124




MXN


Mexican peso


16,6550




INR


Indian rupee


63,9500






(1)  Source: reference exchange rate published by the ECB.
Case T-376/09: Judgment of the General Court of 18 May 2011 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA) (Community trade mark — Opposition proceedings — Application for Community figurative mark POLO SANTA MARIA — Earlier Benelux figurative mark showing the silhouette of a polo player — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-05-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, clothing industry, education, financial services, footwear industry, insurance, leather industry, leisure, social facilities, trade-mark law








C_2011194EN.01001401.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/14





Judgment of the General Court of 18 May 2011 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)
(Case T-376/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark POLO SANTA MARIA - Earlier Benelux figurative mark showing the silhouette of a polo player - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 194/20
Language of the case: English

Parties


Applicant: Glenton España, SA (Madrid, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: The Polo/Lauren Company, LP (New York, New York, United States) (represented by: R. Black, R. Guthrie, Solicitors, and S. Malynicz, Barrister)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 594/2008-2) in relation to opposition proceedings between The Polo/Lauren Company, LP, and Glenton España, SA

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Glenton España, SA to pay the costs.






(1)  OJ C 282, 21.11.2009.
Notice of open competitions
Date: 2011-05-18
Institutions: European Personnel Selection Office
Subjects: EPSO, European civil service, administrative competition, competition (EU), invitation to tender, public contract








C_2011147EN.01001601.xml










18.5.2011   


EN


Official Journal of the European Union


C 147/16





NOTICE OF OPEN COMPETITIONS
2011/C 147/08
The European Personnel Selection Office (EPSO) is organising the following open competitions:






—


EPSO/AST/113/11 — Language editors with English as their main language (EN)










—


EPSO/AST/114/11 — Language editors with Italian as their main language (IT)










—


EPSO/AST/115/11 — Language editors with Maltese as their main language (MT)










—


EPSO/AST/116/11 — Language editors with Swedish as their main language (SV)




Assistants (AST 3) for preparing and checking the linguistic quality of texts for the Reports of Cases before the Court of Justice.
Further details can be found on the EPSO website: http://eu-careers.eu
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
Date: 2011-05-18
Institutions: European Commission
Subjects: Slovenia, State aid, aid to agriculture, control of State aid, hunting, livestock farming








C_2011147EN.01001001.xml










18.5.2011   


EN


Official Journal of the European Union


C 147/10





Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 1857/2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation (EC) No 70/2001
2011/C 147/06
Aid No: SA.32959 (11/XA)
Member State: Slovenia
Region: Savinjska
Title of aid scheme or name of company receiving an individual aid: Pomoč za ohranjanje in razvoj kmetijstva in podeželja v Občini Tabor za programsko obdobje 2011–2013
Legal basis: Pravilnik o dodeljevanju pomoči za ohranjanje in razvoj kmetijstva in podeželja v Občini Tabor za programsko obdobje 2011–2013 (Uradni list RS, št. 30/2011)
Annual expenditure planned under the scheme or overall amount of individual aid granted to the company: Annual overall amount of the budget planned under the scheme: EUR 0,06 million
Maximum aid intensity: 100 %
Date of implementation: —
Duration of scheme or individual aid award: 12 May 2011-31 December 2013
Objective of aid: Conservation of traditional landscapes and buildings (Article 5 of Regulation (EC) No 1857/2006), Insurance premiums (Article 12 of Regulation (EC) No 1857/2006), Investment in agricultural holdings (Article 4 of Regulation (EC) No 1857/2006), Land reparcelling (Article 13 of Regulation (EC) No 1857/2006), Production of quality agricultural products (Article 14 of Regulation (EC) No 1857/2006), Relocation of farm buildings in the public interest (Article 6 of Regulation (EC) No 1857/2006), Technical support (Article 15 of Regulation (EC) No 1857/2006)
Sector(s) concerned: Crop and animal production, hunting and related service activities
Name and address of the granting authority: 





Občina Tabor




Tabor 21




SI-3304 Tabor




SLOVENIJA




Website: http://www.uradni-list.si/1/objava.jsp?urlid=201130&objava=1470
Other information: —