do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 849/2011 of 22 August 2011 correcting Implementing Regulation (EU) No 742/2011 on the issue of licences for importing rice under the tariff quotas opened for the July 2011 subperiod by Regulation (EC) No 327/98
Date: 2011-08-22
Institutions: European Commission
Subjects: import (EU), import licence, rice, tariff quota








L_2011218EN.01001601.xml










24.8.2011   


EN


Official Journal of the European Union


L 218/16








            COMMISSION IMPLEMENTING REGULATION (EU) No 849/2011
of 22 August 2011
         
correcting Implementing Regulation (EU) No 742/2011 on the issue of licences for importing rice under the tariff quotas opened for the July 2011 subperiod by Regulation (EC) No 327/98


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 327/98 of 10 February 1998 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice (2), and in particular the first paragraph of Article 5 thereof,

Whereas:







(1)


A check has revealed an error in the Annex to Commission Implementing Regulation No 742/2011 (3) regarding the quantity available for the September 2011 subperiod for the quota of wholly milled or semi-milled rice falling within CN Code 1006 30  provided for in Article 1(1)(d) of Regulation No 327/98 and with order number 09.4119.












(2)


Regulation (EC) No 742/2011 should therefore be corrected accordingly.












(3)


In order to ensure sound management of the procedure of issuing import licences, the present Regulation should enter into force immediately after its publication,





HAS ADOPTED THIS REGULATION:



Article 1
In the Annex to Implementing Regulation No 742/2011, in the table under point d) ‧Quota for wholly milled or semi-milled rice falling within CN code 1006 30  provided for in Article 1(1)(d) of Regulation (EC) No 327/98‧, the total quantity available for the September 2011 subperiod for the quota with order number 09.4119 shall be replaced by the following quantity:

                  "Total quantities available for the September 2011 subperiod
(in kg)
0"
               


Article 2
This Regulation shall enter into force on the day 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, 22 August 2011.


For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p.1


(2)  
            OJ L 37, 11.2.1998, p. 5.

(3)  
            OJ L 196, 28.7.2011, p. 13.
Commission Implementing Regulation (EU) No 895/2011 of 22 August 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pimiento Asado del Bierzo (PGI))
Date: 2011-08-22
Institutions: European Commission
Subjects: Spain, designation of origin, fruit vegetable, product designation








L_2011231EN.01000501.xml










8.9.2011   


EN


Official Journal of the European Union


L 231/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 895/2011
of 22 August 2011
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Pimiento Asado del Bierzo (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)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification for the protected geographical indication ‘Pimiento Asado del Bierzo’ registered under Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 417/2006 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 22 August 2011.


For the Commission, On behalf of the President,
Cecilia MALMSTRÖM
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 72, 11.3.2006, p. 8.

(4)  
            OJ C 321, 26.11.2010, p. 18.




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

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

SPAIN
Pimiento Asado del Bierzo (PGI)
Commission Implementing Regulation (EU) No 894/2011 of 22 August 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Coppa Piacentina (PDO))
Date: 2011-08-22
Institutions: European Commission
Subjects: Italy, designation of origin, meat product, product designation








L_2011231EN.01000301.xml










8.9.2011   


EN


Official Journal of the European Union


L 231/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 894/2011
of 22 August 2011
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Coppa Piacentina (PDO))


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 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Coppa Piacentina’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 22 August 2011.


For the Commission, On behalf of the President,

Cecilia MALMSTRÖM
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 311, 16.11.2010, p. 24.




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

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

ITALY
Coppa Piacentina (PDO)
Case T-461/11: Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
Date: 2011-08-22
Institutions: General Court
Subjects: EU trade mark, gift item, registered trade mark, trade-mark law








C_2011340EN.01002501.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/25





Action brought on 22 August 2011 — Natura Selection v OHIM — Menard (natura)
(Case T-461/11)
2011/C 340/52
Language in which the application was lodged: Spanish

Parties


Applicant: Natura Selection SL (Barcelona, Spain) (represented by: E. Sugrañes Coca, lawyer)

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

Other party to the proceedings before the Board of Appeal: Ernest Menard SA (Bourseul, France)

Form of order sought

The applicant claims that the Court should:






—


admit the present application;










—


require OHIM to produce in these proceedings the evidence of reputation to which the applicant referred during the appeal procedure in Case R 2454/2010-2 and which is identified in paragraph 39 of the application;










—


annul the decision of the Second Board of Appeal of OHIM of 8 June 2011 in Case R 2454/2010-2 and the decision of the Opposition Division of 21 October 2010 in Case B 1072513;










—


grant full registration to figurative mark No 4 713 368‘natura’, refused by opposition B 1072513 for goods in Class 20;










—


order OHIM to pay all the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Natura Selection

Community trade mark concerned: Figurative mark ‘natura’ for goods and services in Classes 14, 20, 25 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Ernest Menard SA.

Mark or sign cited in opposition: Word mark ‘natura’ for goods and services in Classes 19 and 20.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) given that there is no likelihood of confusion between the trade marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-434/11: Reference for a preliminary ruling from the Tribunalul Alba (Romania) lodged on 22 August 2011 — Corpul Național al Polițiștilor, acting on behalf of its members serving with the Alba Inspectorate of Police v Ministerul Administrației și Internelor (MAI), Inspectoratul General al Poliției Române (IGPR), Inspectoratul de Poliție al Județului Alba (IPJ)
Date: 2011-08-22
Institutions: Court of Justice
Subjects: EU Charter of Fundamental Rights, Romania, pay cut, police, remuneration of work, staff








C_2011331EN.01000901.xml










12.11.2011   


EN


Official Journal of the European Union


C 331/9





Reference for a preliminary ruling from the Tribunalul Alba (Romania) lodged on 22 August 2011 — Corpul Național al Polițiștilor, acting on behalf of its members serving with the Alba Inspectorate of Police v Ministerul Administrației și Internelor (MAI), Inspectoratul General al Poliției Române (IGPR), Inspectoratul de Poliție al Județului Alba (IPJ)
(Case C-434/11)
2011/C 331/14
Language of the case: Romanian

Referring court

Tribunalul Alba

Parties to the main proceedings


Applicant: Corpul Național al Polițiștilor, acting on behalf of its members serving with the Alba Inspectorate of Police

Defendants: Ministerul Administrației și Internelor (MAI), Inspectoratul General al Poliției Române (IGPR), Inspectoratul de Poliție al Județului Alba (IPJ)

Question referred

Must the provisions of Articles 17(1), 20 and 21(1) of the Charter of Fundamental Rights of the European Union be interpreted as precluding reductions in remuneration such as those imposed by the Romanian State under Law No 118/2010 and Law No 285/2010?
Commission Implementing Regulation (EU) No 839/2011 of 22 August 2011 amending Regulation (EU) No 222/2011 laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing year 2010/2011
Date: 2011-08-22
Institutions: European Commission
Subjects: isoglucose, production quota, regulation of agricultural production, sugar








L_2011216EN.01000501.xml










23.8.2011   


EN


Official Journal of the European Union


L 216/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 839/2011
of 22 August 2011
         
amending Regulation (EU) No 222/2011 laying down exceptional measures as regards the release of out-of-quota sugar and isoglucose on the Union market at reduced surplus levy during marketing year 2010/2011


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) and in particular Article 64(2) and Article 187, in conjunction with Article 4 thereof,

Whereas:







(1)


Article 9(3) of Commission Regulation (EU) No 222/2011 (2) provides that if the remaining quantities of out of quota sugar or isoglucose of a producer are less than the quantities for which that producer applied for under that Regulation, the producer has to pay an amount of EUR 500/tonne on that difference.












(2)


In case an allocation coefficient is fixed pursuant to Article 5(a) of Regulation (EU) No 222/2011, producers will inevitably obtain less then they applied for. In that case, it is appropriate to apply the rule laid down in Article 9(3) only to quantities for which certificates have been actually issued to such producers.












(3)


Regulation (EU) No 222/2011 should therefore be amended accordingly.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 9(3) of Regulation (EU) No 222/2011, the second sentence is replaced by the following:

               ‘If the remaining quantities of out-of-quota sugar or isoglucose of a producer are less than the quantities for which certificates were issued to that producer under this Regulation, the producer shall pay an amount of EUR 500/tonne on that difference.’.


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, 22 August 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 60, 5.3.2011, p. 6.
Case C-433/11: Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová
Date: 2011-08-22
Institutions: Court of Justice
Subjects: bankruptcy, consumer protection, credit, credit guarantee, domestic market, restriction on competition








C_2011340EN.01000701.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/7





Reference for a preliminary ruling from the Krajský súd v Prešove (Slovak Republic) lodged on 22 August 2011 — SKP v Kveta Polhošová
(Case C-433/11)
2011/C 340/12
Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings


Applicant: SKP

Defendant: Kveta Polhošová

Questions referred







1.


Are Articles 5 to 9 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (1) to be interpreted as meaning that the practice whereby a supplier assigns claims against a consumer to an entity in bankruptcy should be regarded as an unfair commercial practice if the consumer has no guarantee of reimbursement of the costs of legal proceedings arising from a consumer contract?










2.


If the answer to the preceding question is that the assignment of claims against a consumer to an entity in bankruptcy for recovery purposes is contrary to EU law, in that case:






A.


Can Article 47 of the Charter of Fundamental Rights of the EU be interpreted in such a way that it is not contravened by a court procedure whereby the court, in order to protect consumers, does not apply the statutory fee concession of the trustee in bankruptcy, and that, in such a case, the court does not infringe the right of the trustee in bankruptcy to judicial protection if it discontinues the proceedings if the fee for the application is not paid?










B.


Do Articles 6(1) and 7(1) of Council Directive 93/13/EEC on unfair terms in consumer contracts (2) preclude the application of provisions of national law exempting a trustee in bankruptcy from court fees if, in the absence of the unfair commercial practice, the applicant would not be exempt from court fees and the discontinuance of proceedings would prevent the judicial proceedings concerning fulfilment of the unfair term?










(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’); OJ 2005 L 149, p. 22.

(2)  OJ 1993 L 95, p. 29.
Commission Implementing Regulation (EU) No 893/2011 of 22 August 2011 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Bresaola della Valtellina (PGI))
Date: 2011-08-22
Institutions: European Commission
Subjects: designation of origin, meat product, product designation, regions of Italy








L_2011231EN.01000101.xml










8.9.2011   


EN


Official Journal of the European Union


L 231/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 893/2011
of 22 August 2011
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Bresaola della Valtellina (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)


In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification of the protected geographical indication ‘Bresaola della Valtellina’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 22 August 2011.


For the Commission, On behalf of the President,
Cecilia MALMSTRÖM
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 321, 26.11.2010, 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.)

ITALY
Bresaola della Valtellina (PGI)
Judgment of the Court of 22 August 2011 in Case E-14/10 — Konkurrenten.no AS v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — State aid — Local bus transport services — Existing aid — Obligation to state reasons — Decision to close the case without opening the formal investigation procedure)
Date: 2011-08-22
Institutions: EFTA Court
Subjects: State aid, bus, transport company








C_2011336EN.01002101.xml










17.11.2011   


EN


Official Journal of the European Union


C 336/21





JUDGMENT OF THE COURT
of 22 August 2011
in Case E-14/10
Konkurrenten.no AS v EFTA Surveillance Authority
(Action for annulment of a decision of the EFTA Surveillance Authority — State aid — Local bus transport services — Existing aid — Obligation to state reasons — Decision to close the case without opening the formal investigation procedure)
2011/C 336/15
In Case E-14/10, Konkurrenten.no AS v EFTA Surveillance Authority, supported by Kollektivtransportproduksjon AS as intervener — APPLICATION for the annulment of Decision No 254/10/COL of 21 June 2010 (AS Oslo Sporveier and AS Sporveisbussene), the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Thorgeir Örlygsson and Per Christiansen, Judges, gave judgment on 22 August 2011, the operative part of which is as follows:
The Court hereby:






1.


Annuls Decision No 254/10/COL of 21 June 2010 (AS Oslo Sporveier and AS Sporveisbussene).










2.


Orders the defendant to pay the costs incurred by the applicant.
Case C-432/11: Reference for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 22 August 2011 — Cartiaux Service Plus SA v Belgian State
Date: 2011-08-22
Institutions: Court of Justice
Subjects: preliminary ruling procedure








C_2012013EN.01000203.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/2





Reference for a preliminary ruling from the Tribunal de première instance de Namur (Belgium) lodged on 22 August 2011 — Cartiaux Service Plus SA v Belgian State
(Case C-432/11)
2012/C 13/04
Language of the case: French

Referring court

Tribunal de première instance de Namur

Parties to the main proceedings


Applicant: Cartiaux Service Plus SA

Defendant: Belgian State
By order of 9 November 2011, the President of the Court ordered that the case be removed from the Register.