do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 1019/2011 of 12 October 2011 establishing a prohibition of fishing for plaice in VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Belgium
Date: 2011-10-12
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, Belgium, EU waters, France, Portugal, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2011270EN.01001201.xml










15.10.2011   


EN


Official Journal of the European Union


L 270/12








            COMMISSION REGULATION (EU) No 1019/2011
of 12 October 2011
         
establishing a prohibition of fishing for plaice in VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 12 October 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


43/T&Q




Member State


Belgium




Stock


PLE/8/3411




Species


Plaice (Pleuronectes platessa)




Zone


VIII, IX and X; EU waters of CECAF 34.1.1




Date


13.8.2011
Prior notification of a concentration (Case COMP/M.6388 — Ecolab/Nalco Holding Company) Text with EEA relevance
Date: 2011-10-12
Institutions: European Commission
Subjects: economic concentration, energy industry, merger control, polishing and scouring preparations, water treatment








C_2011301EN.01001101.xml










12.10.2011   


EN


Official Journal of the European Union


C 301/11





Prior notification of a concentration
(Case COMP/M.6388 — Ecolab/Nalco Holding Company)
(Text with EEA relevance)
2011/C 301/10






1.


On 4 October 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 Ecolab Inc. (‘Ecolab’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Nalco Holding Company (‘Nalco’, United States) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Ecolab: active in the production and sale of cleaning, sanitizing, food safety and infection prevention products and services to foodservice, food and beverage processing, healthcare, and hospitality customers,










—


for Nalco: active in supply of water, energy, air and process services technologies with a focus on water treatment services to industrial and institutional end-customers and integrated water and process improvement services mainly in the petroleum, petrochemical and pulp and paper industry.














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.6388 — Ecolab/Nalco Holding Company, 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-353/10: Order of the General Court of 12 October 2011 — Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission (Action for annulment — Debit note — Objection of inadmissibility — Contractual nature of the dispute — Nature of the action — Act open to challenge)
Date: 2011-10-12
Institutions: General Court
Subjects: debt, financial aid, medical research, research project








C_2011355EN.01001902.xml










3.12.2011   


EN


Official Journal of the European Union


C 355/19





Order of the General Court of 12 October 2011 — Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission
(Case T-353/10) (1)

(Action for annulment - Debit note - Objection of inadmissibility - Contractual nature of the dispute - Nature of the action - Act open to challenge)
2011/C 355/34
Language of the case: Greek

Parties


Applicant: Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro (Athens, Greece) (represented by: E. Tzannini, lawyer)

Defendant: European Commission (represented by: D. Triantafyllou and A. Sauka, Agents)

Re:

Application for partial annulment of a debit note issued by the Commission on 22 July 2010 for recovery of the sum of EUR 109 415,20 paid to the applicant in the context of financial assistance in support of a medical research project

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The European Commission is ordered to bear its own costs and to pay those incurred by Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro AE.






(1)  OJ C 288, 23.10.2010.
Case T-224/10: Judgment of the General Court of 12 October 2011 — Association belge des consommateurs test-achats v Commission (Competition — Concentrations — Belgian energy market — Decision declaring a merger to be compatible with the common market — Commitments given during the initial phase of the investigation — Decision refusing the partial referral of the merger investigation to the national authorities — Action for annulment — Consumer association — Interest in bringing proceedings — Failure to initiate the in-depth review procedure — Procedural rights — Inadmissibility)
Date: 2011-10-12
Institutions: General Court
Subjects: common market, consumer protection, economic concentration, energy production, merger control








C_2011347EN.01003001.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/30





Judgment of the General Court of 12 October 2011 — Association belge des consommateurs test-achats v Commission
(Case T-224/10) (1)

(Competition - Concentrations - Belgian energy market - Decision declaring a merger to be compatible with the common market - Commitments given during the initial phase of the investigation - Decision refusing the partial referral of the merger investigation to the national authorities - Action for annulment - Consumer association - Interest in bringing proceedings - Failure to initiate the in-depth review procedure - Procedural rights - Inadmissibility)
2011/C 347/48
Language of the case: English

Parties


Applicant: Association belge des consommateurs test-achats ASBL (Brussels, Belgium) (represented by: A. Fratini and F. Filpo, lawyers)

Defendant: European Commission (represented by: N. Khan, A. Antoniadis and R. Sauer, Agents)

Intervener in support of the defendant: Électricité de France (EDF), (Paris, France), (represented initially by C. Lazarus, A. Amsellem and A. Fontanille, and subsequently by C. Lazarus and A. Creus Carreras, lawyers)

Re:

APPLICATION for annulment of Commission Decisions C(2009) 9059 and C(2009) 8954 of 12 November 2009, the former declaring a merger to be compatible with the common market (Case COMP/M.5549 — EDF/Segebel) under Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ 2004 L 24, p. 1), and the latter rejecting a request from the Belgian competition authorities for partial referral of the case in accordance with Article 9 of that regulation.

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible;










2.


Orders the Association belge des consommateurs test-achats ASBL to bear its own costs and to pay those incurred by the European Commission;










3.


Orders Électricité de France (EDF) to bear its own costs.






(1)  OJ C 209, 31.7.2010.
Euro exchange rates
Date: 2011-10-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2011301EN.01000401.xml










12.10.2011   


EN


Official Journal of the European Union


C 301/4





Euro exchange rates (1)

11 October 2011
2011/C 301/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3607




JPY


Japanese yen


104,26




DKK


Danish krone


7,4435




GBP


Pound sterling


0,87020




SEK


Swedish krona


9,1202




CHF


Swiss franc


1,2380




ISK


Iceland króna


 




NOK


Norwegian krone


7,7810




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,779




HUF


Hungarian forint


295,05




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7056




PLN


Polish zloty


4,3284




RON


Romanian leu


4,3290




TRY


Turkish lira


2,5075




AUD


Australian dollar


1,3684




CAD


Canadian dollar


1,3988




HKD


Hong Kong dollar


10,5882




NZD


New Zealand dollar


1,7462




SGD


Singapore dollar


1,7485




KRW


South Korean won


1 593,88




ZAR


South African rand


10,8185




CNY


Chinese yuan renminbi


8,6758




HRK


Croatian kuna


7,4720




IDR


Indonesian rupiah


12 159,79




MYR


Malaysian ringgit


4,2746




PHP


Philippine peso


59,111




RUB


Russian rouble


42,9280




THB


Thai baht


42,100




BRL


Brazilian real


2,4120




MXN


Mexican peso


18,1467




INR


Indian rupee


67,1170






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6366 — RWE Innogy/Conetwork) Text with EEA relevance
Date: 2011-10-12
Institutions: European Commission
Subjects: economic concentration, energy production, merger control, renewable energy








C_2011301EN.01000101.xml










12.10.2011   


EN


Official Journal of the European Union


C 301/1





Non-opposition to a notified concentration
(Case COMP/M.6366 — RWE Innogy/Conetwork)
(Text with EEA relevance)
2011/C 301/01
On 5 October 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 German 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 32011M6366. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 1017/2011 of 12 October 2011 establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Portugal
Date: 2011-10-12
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch quota, fishing rights, sea fish, ship's flag








L_2011270EN.01000801.xml










15.10.2011   


EN


Official Journal of the European Union


L 270/8








            COMMISSION REGULATION (EU) No 1017/2011
of 12 October 2011
         
establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 12 October 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.1.2011, p. 1.




ANNEX






No


49/T&Q




Member State


Portugal




Stock


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Date


5.9.2011
Case T-544/11: Action brought on 12 October 2011 — Spectrum Brands (UK) v OHIM — Philips (STEAM GLIDE)
Date: 2011-10-12
Institutions: General Court
Subjects: EU trade mark, pharmaceutical industry, registered trade mark, trade-mark law








C_2012006EN.01001703.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/17





Action brought on 12 October 2011 — Spectrum Brands (UK) v OHIM — Philips (STEAM GLIDE)
(Case T-544/11)
2012/C 6/33
Language in which the application was lodged: English

Parties


Applicant: Spectrum Brands (UK) Ltd (Manchester, United Kingdom) (represented by: S. Malynicz, Barrister)

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

Other party to the proceedings before the Board of Appeal: Koninklijke Philips Electronics NV (Eindhoven, Netherlands)

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 14 July 2011 in case R 1289/2010-1; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to bear their own costs and those incurred by the applicant.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘STEAM GLIDE’, for goods in class 9 — Community trade mark registration No 5167382

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Grounds for the application for a declaration of invalidity: The other party to the proceedings before the Board of Appeal filed a request for a declaration of invalidity on the basis of Article 52(1)(a) in conjunction with the absolute grounds of refusal of Article 7(1)(a), (b) and (c) of Council Regulation (EC) No 207/2009

Decision of the Cancellation Division: Rejected the request for a declaration of invalidity

Decision of the Board of Appeal: Annulled the contested decision and declared the Community trade mark registration invalid

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in relation to the meaning and syntax of the mark and its component parts, as well as its aptness or otherwise as an immediate and direct descriptive term for the goods in question. Further the Board of Appeal failed to consider the general interest that underlies Article 7(1)(c) CTMR. Infringement of Article 7(1)(b) of Council Regulation No 207/2009, as the Board of Appeal failed to consider the essential function of the mark, failed to consider the perspective of the average consumer, failed to consider Article 7(1)(b) separately from Article 7(1)(c), failed to consider the general interest that underlies Article 7(1)(b) CTMR and failed to analyse the mark as a whole.
Case T-38/05: Judgment of the General Court of 12 October 2011 — Agroexpansión v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market sharing — Fines — Attributability of the unlawful conduct — Maximum limit of 10 % of turnover — Deterrent effect — Equal treatment — Mitigating circumstances — Cooperation)
Date: 2011-10-12
Institutions: General Court
Subjects: cartel, fine, market-sharing agreement, price agreement, tobacco industry








C_2011347EN.01002601.xml










26.11.2011   


EN


Official Journal of the European Union


C 347/26





Judgment of the General Court of 12 October 2011 — Agroexpansión v Commission
(Case T-38/05) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market sharing - Fines - Attributability of the unlawful conduct - Maximum limit of 10 % of turnover - Deterrent effect - Equal treatment - Mitigating circumstances - Cooperation)
2011/C 347/37
Language of the case: Spanish

Parties


Applicant: Agroexpansión, SA (Madrid, Spain) (represented by: J. Folguera Crespo and P. Vidal Martínez, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and J. Bourke, Agents)

Re:

Action for partial annulment of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) and application for reduction in the amount of the fine imposed on the applicant in that decision.

Operative part of the judgment

The Court:






1.


Fixes the amount of the fine imposed on Agroexpansión, SA under Article 3 of Decision C(2004) 4030 final of the Commission of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) at EUR 2 430 000.










2.


Dismisses the action to the remainder.










3.


Orders Agroexpansión to bear nine-tenths of its own costs and to pay nine-tenths of the costs incurred by the European Commission; orders the European Commission to bear one-tenth of its own costs and to pay one-tenth of the costs incurred by the applicant.






(1)  OJ C 82, 2.4.2005.