do-me/EUR-LEX huggingface dataset:
2011/672/: Council Decision of 10 October 2011 appointing a Romanian member of the European Economic and Social Committee
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Romania, appointment of members








L_2011268EN.01001501.xml










13.10.2011   


EN


Official Journal of the European Union


L 268/15








            COUNCIL DECISION
         
of 10 October 2011
         
appointing a Romanian member of the European Economic and Social Committee
(2011/672/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Romanian Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Sorin Cristian STAN,





HAS ADOPTED THIS DECISION:



Article 1
Mr Liviu LUCA, Confederația Națională a Sindicatelor Libere din România FRĂȚIA is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case T-537/11: Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)
Date: 2011-10-10
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, textile industry, trade-mark law








C_2011362EN.01002001.xml










10.12.2011   


EN


Official Journal of the European Union


C 362/20





Action brought on 10 October 2011 — Hultafors Group v OHIM — Società Italiana Calzature (Snickers)
(Case T-537/11)
2011/C 362/30
Language in which the application was lodged: English

Parties


Applicant: Hultafors Group AB (Bollebygd, Sweden) (represented by: A. Rasmussen and T. Swanstrøm, lawyers)

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

Other party to the proceedings before the Board of Appeal: Società Italiana Calzature SpA (Milano, Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 August 2011 in case R 2519/2010-4; and










—


Order the defendant to bear its own as well as the third party’s costs, including those incurred during the appeal and opposition proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark in black and white ‘Snickers’, for goods in classes 8, 9 and 25 — Community trade mark application No 3740719

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: Italian trade mark registration No 348149 of the word mark ‘KICKERS’, for goods in classes 3, 14, 16, 18, 24, 25, 28, 32 and 33

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed 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 a risk of confusion exists between the trade mark application and the opposing trademark.
2011/713/: Council Decision of 10 October 2011 opposing the adoption by the European Commission of the draft Directive amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: EC Directive, European Commission, defence policy, powers of the institutions (EU)








L_2011285EN.01002201.xml










1.11.2011   


EN


Official Journal of the European Union


L 285/22








            COUNCIL DECISION
         
of 10 October 2011
         
opposing the adoption by the European Commission of the draft Directive amending Directive 2009/43/EC of the European Parliament and of the Council as regards the list of defence-related products
(2011/713/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1), and in particular Article 5a(3)(b) thereof,


Having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (2),


Having regard to the draft Commission Directive amending Directive 2009/43/EC, which the Commission submitted on 15 July 2011 to the Council for scrutiny in accordance with Article 5a(3)(a) of Decision 1999/468/EC,

Whereas:

The draft Directive submitted by the Commission exceeds the implementing powers provided for in the basic act, by requiring Member States to give notice of their transposition measures in the form of correlation tables,

HAS ADOPTED THIS DECISION:



Article 1
In accordance with Article 5a(3)(b) of Decision 1999/468/EC, the Council opposes the adoption by the Commission of the draft Directive amending Directive 2009/43/EC, which the Commission has submitted to the Council for scrutiny in accordance with Article 5a(3)(a) of Decision 1999/468/EC.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 184, 17.7.1999, p. 23.

(2)  
            OJ L 146, 10.6.2009, p. 1.
Case C-527/11: Reference for a preliminary ruling from the Augstākās tiesas Senāta Administratīvo lietu departaments (Republic of Latvia) lodged on 10 October 2011 — SIA Ablessio v Valsts ieņēmumu dienests
Date: 2011-10-10
Institutions: Court of Justice
Subjects: VAT, tax evasion, tax inspection








C_2012006EN.01000801.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/8





Reference for a preliminary ruling from the Augstākās tiesas Senāta Administratīvo lietu departaments (Republic of Latvia) lodged on 10 October 2011 — SIA Ablessio v Valsts ieņēmumu dienests
(Case C-527/11)
2012/C 6/09
Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings


Applicant: SIA Ablessio

Defendant: Valsts ieņēmumu dienests

Questions referred







1.


Is Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax to be interpreted as prohibiting refusal of the individual registration number that identifies a taxable person, on the basis that the holder of the taxable person’s shares previously obtained on various occasions the individual number for other undertakings, which did not carry out any real economic activity, and the shares of which were transferred by the holder to other persons immediately after obtaining the individual number?










2.


Is Article 214 of that Directive to be interpreted, in relation to Article 273 thereof, as permitting the tax authority, before assigning the individual number, to verify the capacity of the taxable person to carry out the activity that is subject to tax, where this verification is intended to ensure correct collection of the tax and prevent tax evasion?






(1)  OJ 2006 L 347, p. 1.
2011/679/: Council Decision of 10 October 2011 on the conclusion of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: Cabo Verde, association agreement (EU), financial compensation of an agreement, fishing agreement, protocol to an agreement, ratification of an agreement








L_2011269EN.01001701.xml










14.10.2011   


EN


Official Journal of the European Union


L 269/17








            COUNCIL DECISION
         
of 10 October 2011
         
on the conclusion of the Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
(2011/679/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with point (a) of Article 218(6) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


On 19 December 2006, the Council adopted Regulation (EC) No 2027/2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Cape Verde (1).












(2)


The Union negotiated with the Republic of Cape Verde a new protocol providing EU vessels with fishing opportunities in the waters in which Cape Verde has sovereignty or jurisdiction as regards fishing.












(3)


On the conclusion of those negotiations, the new Protocol was initialled on 22 December 2010.












(4)


That new Protocol was signed in accordance with Council Decision 2011/405/EU (2) and will be provisionally applied as from 1 September 2011.












(5)


The Protocol should be concluded,





HAS ADOPTED THIS DECISION:



Article 1
The Protocol agreed between the European Union and the Republic of Cape Verde setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force is hereby approved on behalf of the Union.


Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16 of the Protocol, in order to express the consent of the Union to be bound by the Protocol (3).


Article 3
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 414, 30.12.2006, p. 1.

(2)  
            OJ L 181, 9.7.2011, p. 1.

(3)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.
2011/673/: Council Decision of 10 October 2011 appointing a German member of the European Economic and Social Committee
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Germany, appointment of members








L_2011268EN.01001601.xml










13.10.2011   


EN


Official Journal of the European Union


L 268/16








            COUNCIL DECISION
         
of 10 October 2011
         
appointing a German member of the European Economic and Social Committee
(2011/673/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the German Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Thomas ILKA,





HAS ADOPTED THIS DECISION:



Article 1
Dr Sabine HEPPERLE, Leiterin der Vertretung des DIHK bei der EU is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 10 October 2011 regarding a draft decision relating to Case COMP/39.482 (2) — Exotic fruits (bananas) — Rapporteur: Poland
Date: 2011-10-10
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: corporate social responsibility, dominant position, fine, offence, parent company, tropical fruit, unlawful agreement








C_2012064EN.01000602.xml










3.3.2012   


EN


Official Journal of the European Union


C 64/6





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 10 October 2011 regarding a draft decision relating to Case COMP/39.482 (2) — Exotic fruits (bananas)
Rapporteur: Poland
2012/C 64/07






1.


The Advisory Committee agrees with the Commission on the basic amount of the fines.










2.


The Advisory Committee agrees with the Commission on the application of a mitigating factor.










3.


The Advisory Committee agrees with the Commission on the reductions of the fines based on the 2002 Leniency Notice.










4.


The Advisory Committee agrees with the Commission on the final amounts of the fines.










5.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
2011/681/: Council Decision of 10 October 2011 appointing an Irish member of the European Economic and Social Committee
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Ireland, appointment of members








L_2011269EN.01003001.xml










14.10.2011   


EN


Official Journal of the European Union


L 269/30








            COUNCIL DECISION
         
of 10 October 2011
         
appointing an Irish member of the European Economic and Social Committee
(2011/681/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Irish Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Ms Jillian VAN TURNHOUT,





HAS ADOPTED THIS DECISION:



Article 1
Mr Seamus BOLAND, Chief Executive Officer, Irish Rural Link is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case F-102/11: Action brought on 10 October 2011 — ZZ v Commission
Date: 2011-10-10
Institutions: Civil Service Tribunal
Subjects: European civil service, allowances and expenses, payment








C_2012126EN.01002703.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/27





Action brought on 10 October 2011 — ZZ v Commission
(Case F-102/11)
2012/C 126/52
Language of the case: Italian

Parties


Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the implied decision by which the Commission refused to pay to the applicant travelling expenses from the place of his employment to his place of origin for the period 2005 to 2010.

Form of order sought







—


Annul the defendant’s decision refusing the applicant’s claims set out in his complaint of 13 August 2010, whatever the form in which the decision was adopted and irrespective of whether the refusal was total or partial;










—


annul, quatenus opus est, the Note of 22 December 2010 bearing reference PMO.1/NS/AV D(2010) 986451;










—


annul the Commission’s decision rejecting the applicant’s claims set out in the complaint of 25 February 2011, whatever the form in which the decision was adopted;










—


order the Commission to pay the costs.
2011/680/: Council Decision of 10 October 2011 appointing a Portuguese member of the European Economic and Social Committee
Date: 2011-10-10
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Portugal, appointment of members








L_2011269EN.01002901.xml










14.10.2011   


EN


Official Journal of the European Union


L 269/29








            COUNCIL DECISION
         
of 10 October 2011
         
appointing a Portuguese member of the European Economic and Social Committee
(2011/680/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Portuguese Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Manuel CAVALEIRO BRANDÃO,





HAS ADOPTED THIS DECISION:



Article 1
Mr Gonçalo da GAMA LOBO XAVIER, Confederação da Indústria Portuguesa (CIP) is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 10 October 2011.


For the Council


The President

A. KRASZEWSKI
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case T-538/11: Action brought on 10 October 2011 — Belgium v Commission
Date: 2011-10-10
Institutions: General Court
Subjects: Belgium, State aid, aid to agriculture, bovine spongiform encephalopathy, control of State aid, livestock farming








C_2011347EN.01004201.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/42





Action brought on 10 October 2011 — Belgium v Commission
(Case T-538/11)
2011/C 347/75
Language of the case: Dutch

Parties


Applicant: Kingdom of Belgium (represented by: C. Pochet and J. Halleux, Agents, and by L. Van den Hende, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission Decision of 27 July 2011 concerning the State aid for financing screening of transmissible spongiform encephalopathies (TSE) in bovine animals implemented by Belgium (State aid C 44/08 (ex NN 45/04));










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law.






1.


First plea in law, alleging infringement of Article 107(1) TFEU.






—


The measures implemented by Belgium do not entail a selective advantage for farmers, slaughterhouses and entities that process, handle, sell or trade in bovine animal products that are subject to compulsory BSE testing under the applicable legislation.
Case F-101/11: Action brought on 10 October 2011 — ZZ v Parliament
Date: 2011-10-10
Institutions: Civil Service Tribunal
Subjects: EPSO, competition (EU), indemnification, information profession








C_2012006EN.01002501.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/25





Action brought on 10 October 2011 — ZZ v Parliament
(Case F-101/11)
2012/C 6/45
Language of the case: French

Parties


Applicant: ZZ (represented by: E. Boigelot, lawyer)

Defendant: European Parliament

Subject-matter and description of the proceedings

Annulment of the decision of the selection board in the open competition EPSO/AD/188/10 — INTERPRETERS for BULGARIAN (BG) of 30 June 2011 not to include the applicant on the reserve list for that competition and an application for damages for material and non-material damage.

Form of order sought







—


annul the decision of the selection board in the open competition EPSO/AD/188/10 — INTERPRETERS for BULGARIAN (BG) of 30 June 2011 taken after re-examination of the applicant’s tests, confirming her results in them and, consequently, the decision not to include her on the reserve list;










—


annul the decision of the selection board in the open competition EPSO/AD/188/10 — INTERPRETES for BULGARIAN (BG) of 31 May 2011 to include the applicant on the reserve list for that competition;










—


annul all actions of the selection board subsequent to the stage when the contested irregularities occurred;










—


order the defendant to pay, as damages for material and non-material damage and harm to the applicant’s career, a sum of EUR 15 000, subject to increase or reduction in the course of the proceedings, together with interest at the annual rate of 7 % from the date of this action;










—


order the European Parliament to pay the costs.