do-me/EUR-LEX huggingface dataset:
Case C-468/11: Action brought on 13 September 2011 — European Commission v Kingdom of Spain
Date: 2011-09-13
Institutions: Court of Justice
Subjects: infringement of EU law, means of communication, provision of services, telecommunications








C_2011340EN.01001101.xml










19.11.2011   


EN


Official Journal of the European Union


C 340/11





Action brought on 13 September 2011 — European Commission v Kingdom of Spain
(Case C-468/11)
2011/C 340/19
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: G. Braun and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought







—


Declare that:






—


by imposing on undertakings which supply a service or provide a network under the general authorisation a charge intended to finance the Spanish radio and television broadcasting corporation (Corporación de Radio y Televisión Española ‘RTVE’), establishing in that regard a series of conditions and exceptions as well as certain mechanisms for the transfer of surplus income, and










—


by failing to give notice in an appropriate manner of its intention to make amendments relating to general authorisations and by failing to allow interested parties, including users and consumers, a sufficient period of time to express their views on the proposed amendments,




the Kingdom of Spain has failed to fulfil its obligations under Articles 12 and 14(1) of Directive 2002/20/EC (1) of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive);










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Commission maintains that Article 5 of the RTVE Law is not compatible with the provision made in Article 12 of the Authorisation Directive. Under Article 5 of the RTVE Law, the Spanish authorities have established a charge (which they call a contribution (‘aportación’)), which is levied on gross receipts of operators of electronic communications with a given geographic scope, without paying due regard to the principles and requirements laid down in Article 12 of the Authorisation Directive.
The Commission considers that, in failing to give notice in an appropriate manner of its intention to make amendments relating to general authorisations and by failing to allow interested parties, including users and consumers, a sufficient period of time to express their views on the proposed amendments, the Kingdom of Spain has failed to fulfil the obligations laid down by Article 14(1) of the Authorisation Directive.


(1)  OJ 2002 L 108, p. 21.
Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean *** European Parliament legislative resolution of 13 September 2011 on the draft Council Decision on the conclusion, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (08135/2011 – C7-0098/2011 – 2011/0047 (NLE))
Date: 2011-09-13
Institutions: Committee on Fisheries, European Parliament
Subjects: Pacific Ocean, conservation of fish stocks, international convention, international waters, ratification of an agreement, resources of the sea, sustainable development








CE2013051EN.01016901.xml










22.2.2013   


EN


Official Journal of the European Union


CE 51/169





Tuesday 13 September 2011Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean ***
P7_TA(2011)0355
European Parliament legislative resolution of 13 September 2011 on the draft Council Decision on the conclusion, on behalf of the European Union, of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (08135/2011 – C7-0098/2011 – 2011/0047 (NLE))
2013/C 51 E/40
(Consent)

The European Parliament,






—


having regard to the draft Council decision (08135/2011),










—


having regard to the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (08135/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0098/2011),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Fisheries (A7-0274/2011),










1.


Consents to conclusion of the Convention;










2.


Calls on the Commission to work actively, in all those fora, both international and bilateral, which may be attended by countries with fishing fleets in the region covered by the Convention, to promote the signing, ratification and implementation of the Convention in order to speed up its entry into force;










3.


Instructs its President to forward its position to the Council, the Commission, the governments and parliaments of the Member States and the government of New Zealand, as the depository of the Convention.
Repeal of certain obsolete Council acts ***I European Parliament legislative resolution of 13 September 2011 on the proposal for a regulation of the European Parliament and of the Council repealing certain obsolete Council acts (COM(2010)0765 – C7-0009/2011 – 2010/0369(COD))#P7_TC1-COD(2010)0369 Position of the European Parliament adopted at first reading on 13 September 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council repealing certain obsolete Council acts in the field of common commercial policy
Date: 2011-09-13
Institutions: Committee on International Trade, European Parliament
Subjects: Community acquis, application of EU law, common commercial policy, drafting of EU law








CE2013051EN.01016202.xml










22.2.2013   


EN


Official Journal of the European Union


CE 51/162





Tuesday 13 September 2011Repeal of certain obsolete Council acts ***I
P7_TA(2011)0347
European Parliament legislative resolution of 13 September 2011 on the proposal for a regulation of the European Parliament and of the Council repealing certain obsolete Council acts (COM(2010)0765 – C7-0009/2011 – 2010/0369(COD))
2013/C 51 E/32
(Ordinary legislative procedure: first reading)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2010)0765),










—


having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0009/2011),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the undertaking given by the Council representative by letter of 30 June 2011 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on International Trade (A7-0257/2011),










1.


Adopts its position at first reading hereinafter set out;










2.


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










3.


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






Tuesday 13 September 2011P7_TC1-COD(2010)0369
Position of the European Parliament adopted at first reading on 13 September 2011 with a view to the adoption of Regulation (EU) No …/2011 of the European Parliament and of the Council repealing certain obsolete Council acts in the field of common commercial policy

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1230/2011.)
Case T-522/08: Judgment of the General Court of 13 September 2011 — Ruiz de la Prada de Sentmenat v OHIM — Quant (AGATHA RUIZ DE LA PRADA) (Community trade mark — Opposition proceedings — Application for Community figurative mark AGATHA RUIZ DE LA PRADA — Earlier Community figurative mark representing a black and white flower — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2011-09-13
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2011311EN.01003702.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/37





Judgment of the General Court of 13 September 2011 — Ruiz de la Prada de Sentmenat v OHIM — Quant (AGATHA RUIZ DE LA PRADA)
(Case T-522/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark AGATHA RUIZ DE LA PRADA - Earlier Community figurative mark representing a black and white flower - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 311/66
Language of the case: Spanish

Parties


Applicant: Agatha Ruiz de la Prada de Sentmenat (Madrid, Spain) (represented by: R. Bercovitz Álvarez, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Mary Quant Ltd (Birmingham, United Kingdom) (represented by: R. Arnold and C. Hicks, lawyers)


Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 September 2008 (Case R 1523/2007-1), relating to opposition proceedings between Mary Quant Ltd and Agatha Ruiz de la Prada de Sentmenat.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Agatha Ruiz de la Prada de Sentmenat to pay the costs.






(1)  OJ C 32, 7.2.2009.
Non-opposition to a notified concentration (Case COMP/M.5902 — LWM/RWI/F&F)  Text with EEA relevance
Date: 2011-09-13
Institutions: European Commission
Subjects: economic concentration, food industry, merger control








C_2011270EN.01000102.xml










13.9.2011   


EN


Official Journal of the European Union


C 270/1





Non-opposition to a notified concentration
(Case COMP/M.5902 — LWM/RWI/F&F)
(Text with EEA relevance)
2011/C 270/02
On 26 October 2010, 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 32010M5902. EUR-Lex is the on-line access to the European law.
Fuel Cells and Hydrogen Joint Undertaking * European Parliament legislative resolution of 13 September 2011 on the proposal for a Council regulation amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2011)0224 – C7-0120/2011 – 2011/0091(NLE))
Date: 2011-09-13
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU financing, audit, corporate finance, financing method, fuel cell, hydrogen, joint venture








CE2013051EN.01017101.xml










22.2.2013   


EN


Official Journal of the European Union


CE 51/171





Tuesday 13 September 2011Fuel Cells and Hydrogen Joint Undertaking *
P7_TA(2011)0358
European Parliament legislative resolution of 13 September 2011 on the proposal for a Council regulation amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2011)0224 – C7-0120/2011 – 2011/0091(NLE))
2013/C 51 E/43
(Consultation)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2011)0224),










—


having regard to Articles 187 and 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0120/2011),










—


having regard to Rule 55 and Rule 46(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Industry, Research and Energy (A7-0261/2011),










1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;










4.


Instructs its President to forward its position to the Council and the Commission.
Euro exchange rates
Date: 2011-09-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2011270EN.01000201.xml










13.9.2011   


EN


Official Journal of the European Union


C 270/2





Euro exchange rates (1)

12 September 2011
2011/C 270/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3656




JPY


Japanese yen


105,32




DKK


Danish krone


7,4472




GBP


Pound sterling


0,86015




SEK


Swedish krona


8,9905




CHF


Swiss franc


1,2055




ISK


Iceland króna


 




NOK


Norwegian krone


7,5905




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,522




HUF


Hungarian forint


282,55




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


4,3232




RON


Romanian leu


4,2823




TRY


Turkish lira


2,4485




AUD


Australian dollar


1,3225




CAD


Canadian dollar


1,3668




HKD


Hong Kong dollar


10,6544




NZD


New Zealand dollar


1,6658




SGD


Singapore dollar


1,6842




KRW


South Korean won


1 471,90




ZAR


South African rand


10,0346




CNY


Chinese yuan renminbi


8,7443




HRK


Croatian kuna


7,4910




IDR


Indonesian rupiah


11 773,44




MYR


Malaysian ringgit


4,1453




PHP


Philippine peso


58,503




RUB


Russian rouble


41,3500




THB


Thai baht


41,159




BRL


Brazilian real


2,3053




MXN


Mexican peso


17,4152




INR


Indian rupee


64,4970






(1)  Source: reference exchange rate published by the ECB.
Case F-4/10: Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 — Nastvogel v Council (Staff case — Staff reports — Opinion of the Reports Committee — Downgrading of analytical assessments — Dialogue between staff member and assessor — Consultation of the various superiors — Knowledge of staff member’s work by second assessor — Statement of reasons — Sick leave taken into account)
Date: 2011-09-13
Institutions: Civil Service Tribunal
Subjects: European civil service, judicial inquiry, sick leave, staff assessment








C_2011362EN.01002203.xml










10.12.2011   


EN


Official Journal of the European Union


C 362/22





Judgment of the Civil Service Tribunal (Third Chamber) of 13 September 2011 — Nastvogel v Council
(Case F-4/10) (1)

(Staff case - Staff reports - Opinion of the Reports Committee - Downgrading of analytical assessments - Dialogue between staff member and assessor - Consultation of the various superiors - Knowledge of staff member’s work by second assessor - Statement of reasons - Sick leave taken into account)
2011/C 362/36
Language of the case: French

Parties


Applicant: Nastvogel (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council (represented by: M. Vitsentzatos and K. Zieleśkiewicz, acting as Agents)

Re:

Application for annulment of the decision establishing the applicant’s staff report for the period from 1 July 2006 to 31 December 2007.

Operative part of the judgment

The Tribunal:






1.


Annuls Mrs Nastvogel’s staff report for the period from 1 July 2006 to 31 December 2007;










2.


Orders the Council of the European Union to pay the costs.






(1)  OJ C 63, 13.3.2010, p. 54.
Prior notification of a concentration (Case COMP/M.6343 — Apax/Kinetic Concepts)  Text with EEA relevance
Date: 2011-09-13
Institutions: European Commission
Subjects: economic concentration, health care, investment company, merger control








C_2011270EN.01003201.xml










13.9.2011   


EN


Official Journal of the European Union


C 270/32





Prior notification of a concentration
(Case COMP/M.6343 — Apax/Kinetic Concepts)
(Text with EEA relevance)
2011/C 270/07






1.


On 2 September 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 Apax Partners LLP (‘Apax’, UK) acquire(s) within the meaning of Article 3(1)(b) of the Merger Regulation indirect control of the undertaking Kinetic Concepts, Inc. (‘KCI’, USA) by way of purchase of shares










2.


The business activities of the undertakings concerned are:






—


for Apax: provision of investment management and advisory services to private equity funds investing in a range of sectors including hospital services,










—


for KCI: manufacture of therapies and products for wound care, regenerative medicine and therapeutic support.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6343 — Apax/Kinetic Concepts, 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’).
Case T-8/09: Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA (Public service contracts — EMSA’s procurement procedures — Operation of stand-by oil spill recovery vessels — Rejection of a tender — Action for annulment — Tender inconsistent with the subject of the contract — Consequences — Equal treatment — Proportionality — Definition of the subject of the contract — Failure to disclose the characteristics and relative advantages of the successful tender — Statement of reasons — Award of the contract — No right of action — Application for a declaration that the contract concluded with the successful tenderer is null and void — Claim for damages)
Date: 2011-09-13
Institutions: General Court
Subjects: award of contract, equal treatment, invitation to tender, oil pollution, pollution control measures, services contract








C_2011311EN.01003802.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/38





Judgment of the General Court of 13 September 2011 — Dredging International and Ondernemingen Jan de Nul v EMSA
(Case T-8/09) (1)

(Public service contracts - EMSA’s procurement procedures - Operation of stand-by oil spill recovery vessels - Rejection of a tender - Action for annulment - Tender inconsistent with the subject of the contract - Consequences - Equal treatment - Proportionality - Definition of the subject of the contract - Failure to disclose the characteristics and relative advantages of the successful tender - Statement of reasons - Award of the contract - No right of action - Application for a declaration that the contract concluded with the successful tenderer is null and void - Claim for damages)
2011/C 311/68
Language of the case: English

Parties


Applicants: Dredging International NV (Zwijndrecht, Belgium) and Ondernemingen Jan de Nul NV (Hofstade-Aalst, Belgium) (represented by: R. Martens and A. Van Vaerenbergh, lawyers)

Defendant: European Maritime Safety Agency (EMSA) (represented by: J. Menze, Agent, assisted by J. Stuyck and A.-M. Vandromme, lawyers)

Re:

First, annulment of the decision of the European Maritime Safety Agency (EMSA) of 28 October 2008 to reject the applicants’ bid submitted in response to a call for tenders EMSA/NEG/3/2008 regarding the service contracts for stand-by oil spill recovery vessels (Lot 2: North Sea) (OJ 2008/S 48-065631) and of the decision to award the contract to another tenderer, and, second, a request for damages

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dredging International NV and Ondernemingen Jan de Nul NV to pay the costs.






(1)  OJ C 82, 4.4.2009.