do-me/EUR-LEX huggingface dataset:
2011/395/EU: Commission Implementing Decision of 1 July 2011 repealing Decision 2006/241/EC concerning certain protective measures with regard to certain products of animal origin, excluding fishery products, originating in Madagascar (notified under document C(2011) 4642)  Text with EEA relevance
Date: 2011-07-01
Institutions: European Commission
Subjects: Madagascar, animal product, health risk, import (EU), import restriction, originating product








L_2011176EN.01005001.xml










5.7.2011   


EN


Official Journal of the European Union


L 176/50








            COMMISSION IMPLEMENTING DECISION
         
of 1 July 2011
         
repealing Decision 2006/241/EC concerning certain protective measures with regard to certain products of animal origin, excluding fishery products, originating in Madagascar
(notified under document C(2011) 4642)
(Text with EEA relevance)
(2011/395/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries (1), and in particular Article 22(6) thereof,

Whereas:







(1)


Commission Decision 2006/241/EC of 24 March 2006 concerning certain protective measures with regard to certain products of animal origin, excluding fishery products, originating in Madagascar (2) provides that Member States are to prohibit imports of products of animal origin, excluding fishery products, snails and guano originating in Madagascar.












(2)


Several Union legal acts govern imports of products of animal origin, such as Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (3) and Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (4).












(3)


The current Union legislation on imports of animal origin ensures that only products of animal origin compliant with that legislation may be imported into the Union from Madagascar.












(4)


Accordingly, Decision 2006/241/EC is no longer necessary and should be repealed.












(5)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee of the Food Chain and Animal Health,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2006/241/EC is repealed.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 1 July 2011.


For the Commission

John DALLI
            

Member of the Commission






(1)  
            OJ L 24, 30.1.1998, p. 9.

(2)  
            OJ L 88, 25.3.2006, p. 63.

(3)  
            OJ L 18, 23.1.2003, p. 11.

(4)  
            OJ L 300, 14.11.2009, p. 1.
Decision of the EEA Joint Committee No 77/2011 of 1 July 2011 amending Annex IX (Financial services) to the EEA Agreement
Date: 2011-07-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, Slovenia, credit institution, freedom to provide services, revision of an agreement, right of establishment




L_2011262EN.01004401.xml










6.10.2011   


EN


Official Journal of the European Union


L 262/44








            DECISION OF THE EEA JOINT COMMITTEE
         
No 77/2011
of 1 July 2011
         
amending Annex IX (Financial services) 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 IX to the Agreement was amended by Decision of the EEA Joint Committee No 120/2010 of 10 November 2010 (1).












(2)


Commission Directive 2010/16/EU of 9 March 2010 amending Directive 2006/48/EC of the European Parliament and of the Council as regards the exclusion of a certain institution from the scope of application (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following indent shall be added in point 14 (Directive 2006/48/EC of the European Parliament and of the Council) of Annex IX to the Agreement:






‘—



32010 L 0016: Commission Directive 2010/16/EU of 9 March 2010 (OJ L 60, 10.3.2010, p. 15).’.






Article 2
The text of Directive 2010/16/EU 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 3
This Decision shall enter into force on 2 July 2011, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 1 July 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 58, 3.3.2011, p. 77.

(2)  
            OJ L 60, 10.3.2010, p. 15.

(*1)  No constitutional requirements indicated.
Euro exchange rates
Date: 2011-07-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2011191EN.01001001.xml










1.7.2011   


EN


Official Journal of the European Union


C 191/10





Euro exchange rates (1)

30 June 2011
2011/C 191/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4453




JPY


Japanese yen


116,25




DKK


Danish krone


7,4587




GBP


Pound sterling


0,90255




SEK


Swedish krona


9,1739




CHF


Swiss franc


1,2071




ISK


Iceland króna


 




NOK


Norwegian krone


7,7875




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,345




HUF


Hungarian forint


266,11




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9903




RON


Romanian leu


4,2435




TRY


Turkish lira


2,3500




AUD


Australian dollar


1,3485




CAD


Canadian dollar


1,3951




HKD


Hong Kong dollar


11,2475




NZD


New Zealand dollar


1,7468




SGD


Singapore dollar


1,7761




KRW


South Korean won


1 543,19




ZAR


South African rand


9,8569




CNY


Chinese yuan renminbi


9,3416




HRK


Croatian kuna


7,4018




IDR


Indonesian rupiah


12 397,41




MYR


Malaysian ringgit


4,3626




PHP


Philippine peso


62,619




RUB


Russian rouble


40,4000




THB


Thai baht


44,380




BRL


Brazilian real


2,2601




MXN


Mexican peso


16,9765




INR


Indian rupee


64,5620






(1)  Source: reference exchange rate published by the ECB.
Case T-357/11: Action brought on 1 July 2011 — Bimbo v OHIM — Grupo Bimbo (GRUPO BIMBO)
Date: 2011-07-01
Institutions: General Court
Subjects: EU trade mark, offence, registered trade mark, trade-mark law








C_2011252EN.01004401.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/44





Action brought on 1 July 2011 — Bimbo v OHIM — Grupo Bimbo (GRUPO BIMBO)
(Case T-357/11)
2011/C 252/95
Language in which the application was lodged: Spanish

Parties


Applicant: Bimbo (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

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

Other party to the proceedings before the Board of Appeal: Grupo Bimbo, SAB de CV (Mexico City, Mexico)

Form of order sought







—


Vary the decision of the First Board of Appeal of 14 April 2011, in accordance with Article 65(3) of the CTMR, on account of infringement of Article 8(5) CTMR, and refuse registration of the trade mark concerned — figurative mark 5.025.598 ‘GRUPO BIMBO’ — in its entirety for all the goods and services applied for;










—


In the alternative, and only in the event that the previous claim is rejected, annul the decision of the First Board of Appeal of 14 April 2011 on account of infringement of Article 8(5) CTMR;










—


Order the defendants to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Grupo Bimbo, S.A.B de C.V.

Community trade mark concerned: Figurative mark including the word element ‘GRUPO BIMBO’ (application No 5.025.598) for goods and services in Classes 5, 29, 30, 31, 32, 35 and 43.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Spanish word mark ‘BIMBO’ (No 2.689.432) for goods in Classes 5, 29 and 30, and various Spanish figurative marks (No 464.785, No 2.244.562, No 2.244.563 and No 2.255.097) which include the word element ‘BIMBO’, for goods and services in Classes 29, 30, 31, 32, 35 and 42.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Decision under appeal annulled in part.

Pleas in law: Incorrect interpretation and application of Article 8(5) of Regulation No 207/2009 on the Community trade mark, since, following a finding that the BIMBO trade marks cited in opposition are trade marks with a reputation in the Spanish market and that the mark applied for ‘GRUPO BIMBO’ is virtually identical to the opposing marks, the application for that trade mark was granted in part, on the basis that it had not been proved that unfair advantage was taken of the repute or distinctive character of the opposing marks or that there was any risk to that repute or distinctive character.
Prior notification of a concentration (Case COMP/M.6288 — Blackstone/Stargazer) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-07-01
Institutions: European Commission
Subjects: consultancy, economic concentration, exchange of information, merger control, textile industry








C_2011191EN.01001901.xml










1.7.2011   


EN


Official Journal of the European Union


C 191/19





Prior notification of a concentration
(Case COMP/M.6288 — Blackstone/Stargazer)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 191/10






1.


On 21 June 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 Blackstone Group LP (‘Blackstone’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Stargazer GmbH and its subsidiaries (‘Stargazer’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Blackstone: a global alternative asset manager and provider of financial advisory Services,










—


for Stargazer: a developer and marketer, through its operating subsidiary Jack Wolfskin, of clothing, footwear and equipment designed to be suitable for outdoor activities such as camping, trekking and hiking.














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.6288 — Blackstone/Stargazer, 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’).
Decision of the EEA Joint Committee No 79/2011 of 1 July 2011 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
Date: 2011-07-01
Institutions: EEA Joint Committee
Subjects: European Economic Area, disclosure of information, revision of an agreement, third country




L_2011262EN.01005001.xml










6.10.2011   


EN


Official Journal of the European Union


L 262/50








            DECISION OF THE EEA JOINT COMMITTEE
         
No 79/2011
of 1 July 2011
         
amending Annex XI (Electronic communication, audiovisual services and information society) 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 XI to the Agreement was amended by Decision of the EEA Joint Committee No 107/2009 of 22 October 2009 (1).












(2)


Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (2) is to be incorporated into the Agreement.












(3)


Decision 2010/87/EU repeals Commission Decision 2002/16/EC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The text of point 5ef (Commission Decision 2002/16/EC) of Annex XI to the Agreement shall be replaced by the following:

                  ‘
                  32010 D 0087: Commission Decision 2010/87/EU of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive 95/46/EC of the European Parliament and of the Council (OJ L 39, 12.2.2010, p. 5).’.


Article 2
The text of Decision 2010/87/EU 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 3
This Decision shall enter into force on 2 July 2011, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 1 July 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 334, 17.12.2009, p. 4.

(2)  
            OJ L 39, 12.2.2010, p. 5.

(3)  
            OJ L 6, 10.1.2002, p. 52.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 89/2011 of 1 July 2011 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2011-07-01
Institutions: EEA Joint Committee
Subjects: EU statistics, European Commission, European Economic Area, European System of Central Banks, disclosure of information, revision of an agreement, type of business




L_2011262EN.01006101.xml










6.10.2011   


EN


Official Journal of the European Union


L 262/61








            DECISION OF THE EEA JOINT COMMITTEE
         
No 89/2011
of 1 July 2011
         
amending Annex XXI (Statistics) 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 XXI to the Agreement was amended by Decision of the EEA Joint Committee No 58/2011 of 20 May 2011 (1).












(2)


Commission Regulation (EU) No 1097/2010 of 26 November 2010 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and central banks (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following point shall be inserted after point 4ba (Commission Regulation (EC) No 192/2009) of Annex XXI to the Agreement:






‘4bb.



32010 R 1097: Commission Regulation (EU) No 1097/2010 of 26 November 2010 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and central banks (OJ L 312, 27.11.2010, p. 1).’.






Article 2
The text of Regulation (EU) No 1097/2010 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 3
This Decision shall enter into force on 2 July 2011, provided that all the notifications pursuant to Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
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, 1 July 2011.


For the EEA Joint Committee


The President

Kurt JÄGER
            





(1)  
            OJ L 196, 28.7.2011, p. 41.

(2)  
            OJ L 312, 27.11.2010, p. 1.

(*1)  No constitutional requirements indicated.
Special Report No 5/2011 ‘Single Payment Scheme (SPS): issues to be addressed to improve its sound financial management’
Date: 2011-07-01
Institutions: European Court of Auditors
Subjects: auditing, financial management, single payment scheme








C_2011191EN.01001101.xml










1.7.2011   


EN


Official Journal of the European Union


C 191/11





Special Report No 5/2011 ‘Single Payment Scheme (SPS): issues to be addressed to improve its sound financial management’
2011/C 191/07
The European Court of Auditors hereby informs you that Special Report No 5/2011 ‘Single Payment Scheme (SPS): issues to be addressed to improve its sound financial management’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://www.eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case C-335/11: Reference for a preliminary ruling from the Sø- og Handelsret (Denmark) lodged on 1 July 2011 — HK Danmark, acting on behalf of Jette Ring v Dansk almennyttigt Boligselskab DAB
Date: 2011-07-01
Institutions: Court of Justice
Subjects: Denmark, disabled person, interpretation of the law








C_2011269EN.01003103.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/31





Reference for a preliminary ruling from the Sø- og Handelsret (Denmark) lodged on 1 July 2011 — HK Danmark, acting on behalf of Jette Ring v Dansk almennyttigt Boligselskab DAB
(Case C-335/11)
2011/C 269/61
Language of the case: Danish

Referring court

Sø- og Handelsret

Parties to the main proceedings


Applicant: HK Danmark, acting on behalf of Jette Ring

Defendant: Dansk almennyttigt Boligselskab DAB

Questions referred







1.








(a)


Is any person who, because of physical, mental or psychological injuries, cannot or can only to a limited extent carry out his work in a period that satisfies the requirement as to duration specified in paragraph 45 of the judgment of the Court of Justice in Case C-13/05 Navas
 (1) covered by the concept of disability within the meaning of the directive?










(b)


Can a condition caused by a medically diagnosed incurable illness be covered by the concept of disability within the meaning of the directive?










(c)


Can a condition caused by a medically diagnosed temporary illness be covered by the concept of disability within the meaning of the directive?














2.


Should a permanent reduction in functional capacity which does not entail a need for special aids or the like but means only that the person concerned is not capable of working full-time be regarded as a disability in the sense in which that term is used in Council Directive 2000/78/EC (2)?










3.


Is a reduction in working hours among the measures covered by Article 5 of Directive 2000/78/EC?










4.


Does Council Directive 2000/78/EC preclude the application of a provision of national law under which an employer is entitled to dismiss an employee with a shortened notice period where the employee has received his salary during periods of illness for a total of 120 days during a period of 12 consecutive months, in the case of an employee who must be regarded as disabled within the meaning of the directive, where






(a)


the absence was caused by the disability
or










(b)


the absence was due to the fact that the employer did not implement the measures appropriate in the specific situation to enable a person with a disability to perform his work?










(1)  [2006] ECR I-6467.

(2)  OJ 2000 L 303, p. 16.