do-me/EUR-LEX huggingface dataset:
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2011-05-31
Institutions: European Commission
Subjects: France, State aid, control of State aid, fishery management








C_2011161EN.01000101.xml










31.5.2011   


EN


Official Journal of the European Union


C 161/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2011/C 161/01






Date of adoption of the decision


6.4.2011




Reference number of State Aid


N 239/10




Member State


France




Region


La Réunion




Title (and/or name of the beneficiary)


Aide à l'écoulement des produits de la pêche




Legal basis


Délibération du Conseil régional




Type of measure


Aid scheme




Objective


Marketing of fishery products




Form of aid


Grant




Budget


EUR 1 000 000 per year (maximum)




Intensity


EUR 1,65 per kg of product sold




Duration (period)


Until end of 2013




Economic sectors


Fisheries




Name and address of the granting authority







Conseil régional




Saint-Denis




La Réunion




FRANCE








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case T-280/11: Action brought on 31 May 2011 — Ewald v OHIM — Kin Cosmetics (Keen)
Date: 2011-05-31
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), cosmetics industry, trade-mark law








C_2011238EN.01002001.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/20





Action brought on 31 May 2011 — Ewald v OHIM — Kin Cosmetics (Keen)
(Case T-280/11)
2011/C 238/36
Language in which the application was lodged: German

Parties


Applicant: Rita Ewald (Frauenwald, Germany) (represented by: S. Reinhardt, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kin Cosmetics, SA (Sant Feliu de Guixols, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of OHIM of 3 March 2011 in Case R 1383/2010-1;










—


Reject the opposition filed at OHIM on 24 July 2008 under No B 1359944 by KIN COSMETICS, SA against Community trade mark application No EM 006 498 621‘Keen’;










—


In the alternative, in the event that the Court cannot itself reach a decision under the second head of claim, refer the case back to OHIM for a fresh decision;










—


Order the defendant and KIN COSMETICS, SA, in so far as it decides to participate in the proceedings, to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Keen’ for goods and services in Classes 3 and 44 — application No 6 498 621

Proprietor of the mark or sign cited in the opposition proceedings: Kin Cosmetics, SA

Mark or sign cited in opposition: the Community and national word and figurative marks ‘KIN’, ‘KinBooKs’, ‘KINWORKS’ and ‘KINSTYLIUM’ for goods and services in Classes 3, 5, 35 and 44

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue.
Euro exchange rates
Date: 2011-05-31
Institutions: European Commission
Subjects: euro, exchange rate








C_2011161EN.01000401.xml










31.5.2011   


EN


Official Journal of the European Union


C 161/4





Euro exchange rates (1)

30 May 2011
2011/C 161/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4272




JPY


Japanese yen


115,36




DKK


Danish krone


7,4560




GBP


Pound sterling


0,86710




SEK


Swedish krona


8,8914




CHF


Swiss franc


1,2147




ISK


Iceland króna


 




NOK


Norwegian krone


7,7485




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,509




HUF


Hungarian forint


268,07




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7095




PLN


Polish zloty


3,9750




RON


Romanian leu


4,1235




TRY


Turkish lira


2,2871




AUD


Australian dollar


1,3350




CAD


Canadian dollar


1,3927




HKD


Hong Kong dollar


11,1026




NZD


New Zealand dollar


1,7454




SGD


Singapore dollar


1,7613




KRW


South Korean won


1 540,73




ZAR


South African rand


9,8831




CNY


Chinese yuan renminbi


9,2528




HRK


Croatian kuna


7,4465




IDR


Indonesian rupiah


12 198,39




MYR


Malaysian ringgit


4,3080




PHP


Philippine peso


61,888




RUB


Russian rouble


40,0800




THB


Thai baht


43,287




BRL


Brazilian real


2,2752




MXN


Mexican peso


16,5755




INR


Indian rupee


64,3350






(1)  Source: reference exchange rate published by the ECB.
Case T-276/11: Action brought on 31 May 2011 — Carlotti v Parliament
Date: 2011-05-31
Institutions: General Court
Subjects: equal treatment, established right, financial situation, principle of legal certainty, principle of proportionality, supplementary pension








C_2011232EN.01003301.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/33






Action brought on 31 May 2011 — Carlotti v Parliament
(Case T-276/11)
(2011/C 232/59)
Language of the case: French

Parties


Applicant: Marie-Arlette Carlotti (Marseilles, France) (represented by: S. Orlandi, A. Coolen, J.-N Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Parliament

Form of order sought







—


Declare the decision taken by the Bureau of the European Parliament on 1 April 2009 amending the additional voluntary pension scheme for Members of the European Parliament to be unlawful;










—


Annul the contested decision;










—


Order the European Parliament to pay the costs





Pleas in law and main arguments

The present action seeks annulment of the decision of 28 March 2011 refusing the applicant entitlement to her additional pension at the age of 60 (with effect from February 2012), taken on the basis of the decision of the European Parliament of 1 April 2009 amending the additional voluntary pension scheme for Members of the European Parliament.
In support of her action, the applicant relies on five pleas in law alleging:






—


infringement of acquired rights conferred by legal acts and of the principle of legal certainty;










—


infringement of the principles of equal treatment and of proportionality, in so far as the decision of 1 April 2009 and the contested decision raise the age at which the pension may be drawn by three years and do so without making any transitional provision;










—


infringement of Article 29 of the Rules Governing the Payment of Expenses and Allowances of Members of the European Parliament, which provides that the quaestors and the Secretary-General are to be responsible for the interpretation and strict enforcement of those rules;










—


manifest error of assessment vitiating the decision of the Bureau of the European Parliament of 1 April 2009 amending the rules serving as a basis to the contested decision in that it is based on an unfounded assessment of the financial situation of the pension fund;










—


breach of good faith in the performance of the contracts and nullity of the purely discretionary clauses.
Commission Regulation (EU) No 551/2011 of 31 May 2011 establishing a prohibition of fishing for blue ling in EU waters and international waters of Vb, VI and VII by vessels flying the flag of Germany
Date: 2011-05-31
Institutions: European Commission
Subjects: EU waters, Germany, fishing area, fishing rights, international waters, sea fish, ship's flag








L_2011149EN.01000401.xml










8.6.2011   


EN


Official Journal of the European Union


L 149/4








            COMMISSION REGULATION (EU) No 551/2011
of 31 May 2011
         
establishing a prohibition of fishing for blue ling in EU waters and international waters of Vb, VI and VII by vessels flying the flag of Germany


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 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(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 2011.












(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 2011 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, 31 May 2011.


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 24, 27.01.2011, p. 1.




ANNEX






No


9/T&Q




Member State


GERMANY




Stock


BLI/5B67-




Species


Blue ling (Molva dypterygia)





Zone


EU waters and international waters of Vb, VI, VII




Date


21.4.2011
Case T-298/11: Action brought on 31 May 2011 — Ghost Brand v OHIM — Procter & Gamble International Operations (GHOST)
Date: 2011-05-31
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), cosmetics industry, trade-mark law








C_2011238EN.01002701.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/27





Action brought on 31 May 2011 — Ghost Brand v OHIM — Procter & Gamble International Operations (GHOST)
(Case T-298/11)
2011/C 238/47
Language in which the application was lodged: English

Parties


Applicant: Ghost Brand Ltd (London, United Kingdom) (represented by: N. Caddick, QC)

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

The Appellant to the proceedings before the Board of Appeal: Procter & Gamble International Operations SA (Geneva, Switzerland)

Form of order sought







—


Order that transfer of ownership in respect of Community Trade Mark Registration No 000282350 ‘GHOST’ to Procter & Gamble International Operations S.A. should be recorded and published only in respect of ‘cosmetics’, and that ownership of the registration in relation to all goods in class 25, and ‘soaps, perfumery, essential oils, hair lotions’ in class 3 should remain in the name of Ghost Brand Limited.





Pleas in law and main arguments


Registered Community trade mark in respect of which an application for transfer of ownership has been made: The word mark ‘GHOST’, for goods in class 3 (‘soaps, perfumery, essential oils, cosmetics, hair lotions’) — Community trade mark registration No 282350

Proprietor of the Community trade mark: The applicant

Party applying for the transfer of ownership of the Community trade mark: The Appellant to the proceedings before the Board of Appeal

Decision of the Department for Designs and Register: Rejected the application for a partial transfer of ownership

Decision of the Board of Appeal: Annulled the contested decision and decided that the Department for Designs and Register shall record and publish the transfer of ownership

Pleas in law: The applicant advances three pleas in law, mainly that: (i) the Second Board of Appeal erred in not notifying the applicant of the appeal proceedings, or the appeal decision; (ii) the Second Board of Appeal was not provided with all of the necessary information, and the appellant’s appeal was based on deception; and, (iii) the appellant acted in bad faith in appealing the decision of the Office for Harmonisation in the Internal Market.
Commission Implementing Regulation (EU) No 533/2011 of 31 May 2011 entering a name in the register of protected designations of origin and protected geographical indications [Chorizo de Cantimpalos (PGI)]
Date: 2011-05-31
Institutions: European Commission
Subjects: Spain, designation of origin, labelling, pigmeat, product designation








L_2011146EN.01001101.xml










1.6.2011   


EN


Official Journal of the European Union


L 146/11








            COMMISSION IMPLEMENTING REGULATION (EU) No 533/2011
of 31 May 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Chorizo de Cantimpalos (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) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Chorizo de Cantimpalos’ 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 twentieth 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, 31 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 265, 30.9.2010, p. 23.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

SPAIN
Chorizo de Cantimpalos (PGI)
Prior notification of a concentration (Case COMP/M.6236 — Dana/Bosch Rexroth/Dana Rexroth Transmission Services JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-31
Institutions: European Commission
Subjects: delivery, economic concentration, exchange of information, merger control, technology








C_2011161EN.01000601.xml










31.5.2011   


EN


Official Journal of the European Union


C 161/6





Prior notification of a concentration
(Case COMP/M.6236 — Dana/Bosch Rexroth/Dana Rexroth Transmission Services JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 161/05






1.


On 24 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Dana Holding Corporation (‘Dana’, United States) and Bosch Rexroth (Germany) belonging to the Bosch Group acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Dana Rexroth Transmission Services S.r.l., (‘the Joint Venture’, Italy) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Dana: manufacture and sale of automotive and truck components,










—


Bosch Rexroth: manufacture and sale of drive and control solutions for a range of industries,










—


The Joint Venture: manufacture and sale of a new type of transmission for off-highway vehicles.














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.6236 — Dana/Bosch Rexroth/Dana Rexroth Transmission Services JV, 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’).
Case C-272/11 P: Appeal lodged on 31 May 2011 by Mariyus Noko Ngele against the order of the General Court (First Chamber) delivered on 25 March 2011 in Case T-15/10 European Commission v AT, AU, AW, AW
Date: 2011-05-31
Institutions: Court of Justice
Subjects: Centre for the Development of Enterprise, claim, indemnification








C_2012013EN.01000202.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/2





Appeal lodged on 31 May 2011 by Mariyus Noko Ngele against the order of the General Court (First Chamber) delivered on 25 March 2011 in Case T-15/10 European Commission v AT, AU, AW, AW
(Case C-272/11 P)
2012/C 13/03
Language of the case: French

Parties


Appellant: Mariyus Noko Ngele (represented by: F. Sabakunzi, avocat)

Other parties to the proceedings: European Commission, AT, AU, AV, AW
By order of 4 October 2011, the Court (Eighth Chamber) dismisses the appeal and orders Mr Noko Ngele to bear his own costs.
Case C-269/11: Action brought on 31 May 2011 — European Commission v Czech Republic
Date: 2011-05-31
Institutions: Court of Justice
Subjects: Czechia, European Commission, VAT, basis of tax assessment, infringement of EU law, provision of services, tax exemption, travel agency








C_2011232EN.01001901.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/19






Action brought on 31 May 2011 — European Commission v Czech Republic
(Case C-269/11)
(2011/C 232/31)
Language of the case: Czech

Parties


Applicant: European Commission (represented by: L. Lozano Palacios and M. Šimerdová, acting as Agents)

Defendant: Czech Republic

Form of order sought







—


declare that, by permitting travel agencies, pursuant to Paragraph 89 of Law No 235/2004 Coll. on Value Added Tax, to apply the special scheme for travel agents to the provision of travel services to persons other than travellers, the Czech Republic has failed to fulfil its obligations under Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax










—


order the Czech Republic to pay the costs.





Pleas in law and main arguments

In the Czech Republic the special scheme of VAT for travel agents introduced by Articles 306 to 310 of Council Directive 2006/112/EC is applied not only to supplies provided by travel agents to travellers but also to supplies provided to persons other than travellers. Pursuant to Paragraph 89 of Law No 235/2004 Coll. on Value Added Tax, the special scheme is also applied in the Czech Republic where a travel service is provided to a legal person which sells that service on to other travel agents. In the opinion of the Commission, that is contrary to the provisions of Articles 306 to 310 of Council Directive 2006/112/EC, which require the special scheme for travel agents to be used only in cases where a travel service is supplied to a traveller. The wording of Articles 306 to 310 of Council Directive 2006/112/EC, and the objective which those provisions pursue, support the position of the Commission.
Prior notification of a concentration (Case COMP/M.6181 — SEB Trygg Liv Holding/Irish Life International) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-05-31
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, life assurance, merger control








C_2011161EN.01000501.xml










31.5.2011   


EN


Official Journal of the European Union


C 161/5





Prior notification of a concentration
(Case COMP/M.6181 — SEB Trygg Liv Holding/Irish Life International)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 161/04






1.


On 20 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking SEB Trygg Liv Holding AB (‘SEB Trygg Liv’, Sweden), controlled by Skandinaviska Enskilda Banken AB (‘SEB Group’, Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Irish Life International Limited (‘ILI’, Ireland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for SEB Trygg Liv: life insurance products in Estonia, Latvia, Lithuania and Sweden,










—


for SEB Group: North European financial group active in retail banking, merchant banking, wealth management, and life insurance,










—


ILI: life assurance company, active in the transaction of single premium unit linked life assurance and investment business in the international market.














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.6181 — SEB Trygg Liv Holding/Irish Life International, 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’).