do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 785/2011 of 5 August 2011 amending Council Regulation (EC) No 73/2009 as regards the maximum guaranteed area for which the protein crop premium may be granted
Date: 2011-08-05
Institutions: European Commission
Subjects: State aid, agricultural guidance, aid to agriculture, area of holding, leguminous vegetable




L_2011203EN.01001001.xml










6.8.2011   


EN


Official Journal of the European Union


L 203/10








            COMMISSION IMPLEMENTING REGULATION (EU) No 785/2011
of 5 August 2011
         
amending Council Regulation (EC) No 73/2009 as regards the maximum guaranteed area for which the protein crop premium may be granted


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (1), and in particular Article 81(3) thereof,

Whereas:







(1)


Article 81(1) of Regulation (EC) No 73/2009 establishes the maximum guaranteed area for which the protein crop premium may be granted.












(2)


Article 81(3) of Regulation (EC) No 73/2009 provides that where a Member State decides, in accordance with Article 67, to integrate the protein crop premium into the single payment scheme, the Commission is to reduce the maximum guaranteed area referred to in Article 81(1) in proportion to the area corresponding to the protein crops amount attributed to that Member State in Annex XII.












(3)


Denmark, Greece, Luxembourg, the Netherlands, Austria, Finland, Sweden and the United Kingdom, except England, have decided to integrate the protein crop premium into the single payment scheme.












(4)


Article 81(1) of Regulation (EC) No 73/2009 should therefore be amended accordingly.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,





HAS ADOPTED THIS REGULATION:



Article 1
Article 81(1) of Regulation (EC) No 73/2009 is replaced by the following:

‘1.   A maximum guaranteed area of 1 505 056 ha for which the protein crop premium may be granted is hereby established.’.



Article 2
This Regulation shall enter into force on the third 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, 5 August 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 30, 31.1.2009, p. 16.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2011 under certain quotas opened by the European Union for pigmeat products
Date: 2011-08-05
Institutions: European Commission
Subjects: import, pigmeat, tariff quota








C_2011230EN.01000401.xml










5.8.2011   


EN


Official Journal of the European Union


C 230/4





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2011 under certain quotas opened by the European Union for pigmeat products
2011/C 230/05
Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pigmeat products. The import licence applications lodged during the first seven days of June 2011 for the subperiod 1 July to 30 September 2011 do not, for quotas 09.4038, 09.4170 and 09.4204, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2011; they are set out in the Annex to this notice.


(1)  OJ L 129, 28.5.2009, p. 13.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October to 31 December 2011
(in kg)




09.4038


8 347 650




09.4170


1 180 500




09.4204


1 156 000
Case C-412/11: Action brought on 5 August 2011 — European Commission v Grand Duchy of Luxembourg
Date: 2011-08-05
Institutions: Court of Justice
Subjects: Luxembourg, rail transport, restriction on competition








C_2011298EN.01001601.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/16





Action brought on 5 August 2011 — European Commission v Grand Duchy of Luxembourg
(Case C-412/11)
2011/C 298/29
Language of the case: French

Parties


Applicant: European Commission (represented by: J.-P. Keppenne and H. Støvlbæk, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought







—


Declare that, because the measures adopted by it to implement the first railway package are insufficient, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 6(3) of and Annex II to amended Directive 91/440/EEC (1) and Article 14(2) of Directive 2001/14/EC, (2)











—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The Commission complains of the national provisions in case since they provide that, in the event of disruption to traffic, allocation of train paths is made by the Société nationale des chemins de fer luxembourgeois (CFL; Luxembourg National Railway Company) and not by an independent body. CFL thus participates in the exercise of essential functions, which does not ensure fair and non-discriminatory access to the infrastructure for other operators.
In reply to the objections raised by the Luxembourg authorities, the Commission points out, firstly, that the statement of the Luxembourg authorities that there is no reallocation of train paths in the event of disruption to traffic is incorrect. When the timetable can no longer be followed, CFL lets late trains pass, which constitutes a reallocation of train paths. Secondly, the Commission contests the argument that Article 29 of Directive 2001/14/EC constitutes a lex specialis derogating from the general rule and enabling justification of the allocation of train paths by CFL in the event of disruptions.


(1)  Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community’s railways (OJ 2001 L 75, p. 1).

(2)  Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (OJ 2001 L 75, p. 29).
Case T-448/11: Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)
Date: 2011-08-05
Institutions: General Court
Subjects: EU trade mark, audiovisual equipment, gaming, registered trade mark, sport, trade-mark law








C_2011298EN.01002501.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/25





Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)
(Case T-448/11)
2011/C 298/46
Language in which the application was lodged: English

Parties


Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough, QC, and S. Smith, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Intra-Presse (Boulogne-Billancourt, France)

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 22 June 2011 in case R 1432/2010-1, in so far as it held that the appeal before the Board of Appeal was successful in respect of certain goods and services in classes 9, 28 and 41; and










—


Order the defendant to pay the applicant’s costs occasioned by this appeal, or alternatively, order the other party to the proceedings before the Board of Appeal to pay the applicant’s costs occasioned by this appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned:: The word mark ‘GOLDEN BALLS’ for goods and services in classes 9, 28 and 41 — Community trade mark application No 6036503

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 4226148 of the word mark ‘BALLON D’OR’, for amongst others goods and services in classes 9, 14, 16, 18, 25, 28, 38 and 41

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and partially accepted the opposition and the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there is a perceived conflict between the Community trade mark application and the earlier mark.
Non-opposition to a notified concentration (Case COMP/M.6275 — BNP Paribas/BNL Vita)  Text with EEA relevance
Date: 2011-08-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, life assurance, merger control








C_2011230EN.01000102.xml










5.8.2011   


EN


Official Journal of the European Union


C 230/1





Non-opposition to a notified concentration
(Case COMP/M.6275 — BNP Paribas/BNL Vita)
(Text with EEA relevance)
2011/C 230/02
On 20 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6275. EUR-Lex is the on-line access to the European law.
Case T-437/11: Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)
Date: 2011-08-05
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011298EN.01002202.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/22





Action brought on 5 August 2011 — Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS)
(Case T-437/11)
2011/C 298/42
Language in which the application was lodged: English

Parties


Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough, QC, and S. Smith, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Intra-Presse (Boulogne-Billancourt, France)

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 26 May 2011 in case R 1310/2010-1, in so far as it held that the appeal before the Board of Appeal was successful in respect of goods in class 16; and










—


Order the defendant to pay the applicant’s costs occasioned by this appeal, or alternatively, order the other party to the proceedings before the Board of Appeal to pay the applicant’s costs occasioned by this appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘GOLDEN BALLS’ for goods in classes 9, 21 and 24 — Community trade mark application No 6324164

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 4226148 of the word mark ‘BALLON D’OR’, for amongst others goods and services in classes 9, 14, 16, 25 and 41

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the decision of the Opposition Division and partially accepted the opposition and the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that there is a perceived conflict between the Community trade mark application and the earlier mark.
Non-opposition to a notified concentration (Case COMP/M.6259 — Covea/Bipiemme Vita)  Text with EEA relevance
Date: 2011-08-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, merger control








C_2011230EN.01000101.xml










5.8.2011   


EN


Official Journal of the European Union


C 230/1





Non-opposition to a notified concentration
(Case COMP/M.6259 — Covea/Bipiemme Vita)
(Text with EEA relevance)
2011/C 230/01
On 19 July 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in Italian language and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6259. EUR-Lex is the on-line access to the European law.
Case C-413/11: Reference for a preliminary ruling from the Landgericht Köln (Germany) lodged on 5 August 2011 — Germanwings GmbH v Amend
Date: 2011-08-05
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, consumer protection, equal treatment, separation of powers, traveller








C_2011319EN.01000903.xml










29.10.2011   


EN


Official Journal of the European Union


C 319/9





Reference for a preliminary ruling from the Landgericht Köln (Germany) lodged on 5 August 2011 — Germanwings GmbH v Amend
(Case C-413/11)
2011/C 319/16
Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings


Applicant: Germanwings GmbH

Defendant: Amend

Question referred

Is it compatible with the principle of the separation of powers in the European Union if, in order to remedy what would otherwise be unequal treatment, Regulation No 261/2004 (1) is interpreted as meaning that a passenger who is affected by a mere delay of more than three hours is entitled to compensation under Article 7 of the Regulation, although the Regulation provides for this only in the case of denied boarding or cancellation of the booked flight but, in the event of delay, restricts the passenger’s claims to assistance under Article 9 of the Regulation and, if the delay is for more than five hours, also assistance under Article 8(1)(a) of the Regulation?


(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, OJ 2004 L 46, p. 1.
Case T-422/11: Action brought on 5 August 2011 — Computer Resources v Publications Office
Date: 2011-08-05
Institutions: General Court
Subjects: Publications Office of the European Union, award of contract, information technology industry








C_2011290EN.01001301.xml










1.10.2011   


EN


Official Journal of the European Union


C 290/13





Action brought on 5 August 2011 — Computer Resources v Publications Office
(Case T-422/11)
2011/C 290/17
Language of the case: English

Parties


Applicant: Computer Resources International (Dommeldange, Luxembourg) (represented by: S. Pappas, lawyer)

Defendant: Publications Office of the European Union

Form of order sought







—


Annul the decision of the Publications Office of the European Union of 22 July 2011, to reject the offers submitted by the applicant in the framework of the open tender No AO 10340 ‘Computing services — software development, maintenance, consultancy and assistance for different types of IT applications’ (OJ 2011/S 66-106099); and










—


Order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that the defendant disregarded an essential formal requirement, as the contested decision does not contain any reasoning as far as the particular grounds that the awarding authority took into account when concluding that the offer of the applicant was abnormally low.










2.


Second plea in law, alleging that the defendant violated the applicable procedure, as enshrined in Article 139 of Commission Regulation (EC, Euratom) No 2342/2002 (1).










3.


Third plea in law, alleging that the defendant has made a misuse of procedure or issued its decision with no proper legal basis or at least erred as far as its reasoning is concerned, as the clarifications given by the applicant were not understood and remained unanswered.






(1)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1).
Case T-427/11: Action brought on 5 August 2011 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)
Date: 2011-08-05
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011298EN.01002103.xml










8.10.2011   


EN


Official Journal of the European Union


C 298/21





Action brought on 5 August 2011 — Laboratoire Bioderma v OHIM — Cabinet Continental (BIODERMA)
(Case T-427/11)
2011/C 298/40
Language in which the application was lodged: French

Parties


Applicant: Laboratoire Bioderma (Lyons, France) (represented by: A. Teston, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cabinet Continental (Paris, France)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Board of Appeal of OHIM of 28 February 2011;










—


Reject the application for a declaration of invalidity of the registered trade mark made by Cabinet Continental;










—


Order OHIM and/or the applicant for a declaration of invalidity to pay the costs incurred by the applicant in the present action;










—


Order the applicant for a declaration of invalidity to pay the costs incurred by the applicant in the proceedings before the Cancellation Division and the Board of Appeal.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘BIODERMA’ for goods and services in Classes 3, 5 and 44 — Community trade mark No 3 136 892.

Proprietor of the Community trade mark: Laboratoire Bioderma.

Applicant for the declaration of invalidity of the Community trade mark: Cabinet Continental.

Grounds for the application for a declaration of invalidity: The application for a declaration of invalidity was made on the basis of Article 52(1)(a) and Article 7(1)(b), (c) and (d) of Regulation No 207/2009.

Decision of the Cancellation Division: Rejection of the application for a declaration of invalidity.

Decision of the Board of Appeal: Annulment of the decision of the Cancellation Division and declaration that Community trade mark No 3 136 892 is invalid.

Pleas in law: Infringement of Articles 7(1)(b) and (c) and 75 of Regulation No 207/2009 in so far as the contested decision is incorrect as regards inter alia the meaning of the mark concerned in Greek and the perception of that mark by the Greek public.
Euro exchange rates
Date: 2011-08-05
Institutions: European Commission
Subjects: euro, exchange rate








C_2011230EN.01000201.xml










5.8.2011   


EN


Official Journal of the European Union


C 230/2





Euro exchange rates (1)

4 August 2011
2011/C 230/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4229




JPY


Japanese yen


113,24




DKK


Danish krone


7,4486




GBP


Pound sterling


0,87145




SEK


Swedish krona


9,1494




CHF


Swiss franc


1,1012




ISK


Iceland króna


 




NOK


Norwegian krone


7,7405




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,308




HUF


Hungarian forint


272,09




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7092




PLN


Polish zloty


4,0313




RON


Romanian leu


4,2122




TRY


Turkish lira


2,4567




AUD


Australian dollar


1,3466




CAD


Canadian dollar


1,3829




HKD


Hong Kong dollar


11,0983




NZD


New Zealand dollar


1,6764




SGD


Singapore dollar


1,7287




KRW


South Korean won


1 518,34




ZAR


South African rand


9,7581




CNY


Chinese yuan renminbi


9,1621




HRK


Croatian kuna


7,4492




IDR


Indonesian rupiah


12 110,12




MYR


Malaysian ringgit


4,2545




PHP


Philippine peso


60,372




RUB


Russian rouble


39,8075




THB


Thai baht


42,459




BRL


Brazilian real


2,2312




MXN


Mexican peso


16,9823




INR


Indian rupee


63,3870






(1)  Source: reference exchange rate published by the ECB.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2011 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin
Date: 2011-08-05
Institutions: European Commission
Subjects: egg, import, poultry, poultrymeat, tariff quota








C_2011230EN.01000301.xml










5.8.2011   


EN


Official Journal of the European Union


C 230/3





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 October to 31 December 2011 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin
2011/C 230/04
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2), (EC) No 539/2007 (3), (EC) No 1384/2007 (4) and (EC) No 1385/2007 (5) opened tariff quotas for imports of poultrymeat, eggs and egg albumin. The applications for import licences lodged during the first seven days of December 2011 for the subperiod 1 July to 30 September 2011 do not, for quotas 09.4068, 09.4070, 09.4169, 09.4015, 09.4402, 09.4091, 09.4092 and 09.4411, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (6), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 October to 31 December 2011; they are set out in the Annex to this notice.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 309, 27.11.2007, p. 40.

(5)  OJ L 309, 27.11.2007, p. 47.

(6)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 October to 31 December 2011
(in kg)




09.4068


2 002 800




09.4070


300 250




09.4169


4 166 250




09.4015


27 000 000




09.4402


2 836 588




09.4091


420 000




09.4092


360 003




09.4411


3 825 000