do-me/EUR-LEX huggingface dataset:
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2011-11-08
Institutions: European Commission
Subjects: Scotland, State aid, United Kingdom, aid to agriculture, control of State aid, farming sector, fishing industry, silviculture








C_2011323EN.01000401.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/4





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2011/C 323/02







Date of adoption of the decision


4.10.2011




Reference number of State Aid


SA.32849 (11/N)




Member State


United Kingdom




Region


Scotland


—




Title (and/or name of the beneficiary)


Forestry Grant Schemes in Scotland




Legal basis


Scottish Rural Development Programme 2007-2013




Type of measure


Scheme


—




Objective


Forestry




Form of aid


Direct grant




Budget








 


Overall budget: GBP 60 million










 


Annual budget: GBP 20 million








Intensity


100 %




Duration (period)


Until 31.12.2013




Economic sectors


Agriculture, forestry and fishing




Name and address of the granting authority







Forestry Commission Scotland




Silvan House




231 Corstorphine Road




Edinburgh




EH12 7AT




UNITED KINGDOM








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case T-580/11: Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
Date: 2011-11-08
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012025EN.01005801.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/58






Action brought on 8 November 2011 — McNeil v OHIM — Alkalon (NICORONO)
(Case T-580/11)
(2012/C 25/111)
Language in which the application was lodged: English

Parties


Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Alkalon ApS (Copenhagen V, Denmark)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2011 in case R 1582/2010-2;










—


Order the defendant to pay to the applicant its costs of and occasioned by this appeal.





Pleas in law and main arguments


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

Community trade mark concerned: The word mark ‘NICORONO’, for goods in classes 5, 10 and 30 — Community trade mark application No 6654529

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 2190239 of the word mark ‘NICORETTE’, for goods in classes 5, 10 and 30

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Annulled the contested decision

Pleas in law: Infringement of Articles 75, 8(1)(b) and 8(5) of Council Regulation No 207/2009, as the Board of Appeal has failed to give sufficient weight in the overall assessment to: (i) the identity of the goods concerned and the fact that this offsets a lesser degree of similarity between the marks to be compared; (ii) the fact that consumers normally perceive word marks as a whole and pay particular attention to the beginning of a mark; and (iii) the fact that the applicant’s mark ‘NICORETTE’ has enhanced distinctiveness and an extensive reputation through significant use.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-08
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Morocco, Portugal, Spain, catch of fish, catch quota, common fisheries policy, sea fish








C_2011323EN.01000801.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/8





Information communicated by Member States regarding closure of fisheries
2011/C 323/06
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.9.2011




Duration


28.9.2011-31.12.2011




Member State


Spain




Stock or Group of stocks


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


1080649




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Commission Regulation (EU) No 1140/2011 of 8 November 2011 establishing a prohibition of fishing for forkbeards in EU and international waters of V, VI and VII by vessels flying the flag of Spain
Date: 2011-11-08
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, English Channel, Irish Sea, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011293EN.01002001.xml










11.11.2011   


EN


Official Journal of the European Union


L 293/20








            COMMISSION REGULATION (EU) No 1140/2011
of 8 November 2011
         
establishing a prohibition of fishing for forkbeards in EU and international waters of V, VI and VII by vessels flying the flag of Spain


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 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species (2), lays down quotas for 2011 and 2012.












(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, 8 November 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 336, 21.12.2010, p. 1.




ANNEX






No


65/DSS




Member State


Spain




Stock


GFB/567-




Species


Forkbeards (Phycis blennoides)




Zone


EU and international waters of V, VI and VII




Date


28.9.2011
Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2011-11-08
Institutions: European Commission, High Representative of the Union
Subjects: Libya, air traffic, air traffic control, international sanctions

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 8.11.2011 
COM(2011) 754 final 

2011/0337 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the 
situation in Libya 

 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

On 27 October 2011 the Security Council of the United Nations decided that the ban 
on  all  flights  in  the  airspace  of  Libya,  which  it  had  imposed  by  Resolution 
1973(2011) of 17 March 2011, should be terminated from 23.59 Libyan local time on 
31 October 2011. 

The  High  Representative for  Foreign  Affairs and Security Policy and the European 
Commission therefore propose to repeal the corresponding ban laid down in Council 
Regulation  (EU)  No  204/2011  concerning  restrictive  measures  in  view  of  the 
situation in Libya. 

EN 

2 

   EN 

 
2011/0337 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the 
situation in Libya 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215 thereof, 

Having  regard  to  Council  Decision  2011/…/CFSP  of  …  2011  amending  Council  Decision 
2011/137/CFSP concerning restrictive measures in view of the situation in Libya1, 

Having  regard  to  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

By means of its Resolution 2016, the Security Council of the United Nations decided 
on 27 October 2011 that the ban on all flights in the airspace of Libya, which had been 
decided on 17 March 2011, should be terminated. 

Further  to  Decision  2011/137/CFSP  this  ban  on  flights  has  been  given  effect  in  the 
European Union by Regulation (EC) No 204/2011 concerning restrictive measures in 
view of the situation in Libya2as amended3. 

In  line  with  Decision  2011/…/CFSP  the  relevant  provision  of  Regulation  (EU)  No 
204/2011 should therefore be repealed, 

HAS ADOPTED THIS REGULATION: 

Article 4b of Regulation (EU) No 204/2011 is deleted. 

Article 1 

1 
2 
3 

OJ L …, …2011, p. … 
OJ L 58. 3.3.2011, p. 1. 
Regulation (EU) No 296/2011 (OJ L 80, 26.3.2011, p. 2). 

EN 

3 

   EN 

 
                                                 
This  Regulation  shall  enter  into  force  on  the  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

EN 

4 

   EN
Prior notification of a concentration (Case COMP/M.6235 — Honeywell/Sinochem/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2011-11-08
Institutions: European Commission
Subjects: Finland, State aid, aid to agriculture, control of State aid, investment aid, young farmer








C_2011323EN.01001101.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/11





Prior notification of a concentration
(Case COMP/M.6235 — Honeywell/Sinochem/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 323/09






1.


On 28 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 Honeywell International Inc. (‘Honeywell’, USA) and Sinochem Lantian Company Ltd. (‘Sinochem Lantian’, China) part of Sinochem Group (China) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’, China) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Honeywell: active in aerospace products and services, automation and control solutions, speciality materials and transportation and power systems,










—


for Sinochem Lantian: active in R&D and production of chemicals, pharmaceutical distribution, engineering design, production of pesticides and real estate development. Sinochem Lantian is part of Sinochem Group, which has activities in various sectors, including chemicals, energy, financial and real estate,










—


for JV: manufacture of HFC-245fa, a blowing agent which will be mainly sold for closed-cell polyurethane foam insulation purposes. The JV will be exclusively active in Asia.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6235 — Honeywell/Sinochem/JV, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Euro exchange rates
Date: 2011-11-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2011323EN.01000501.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/5





Euro exchange rates (1)

7 November 2011
2011/C 323/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3742




JPY


Japanese yen


107,30




DKK


Danish krone


7,4438




GBP


Pound sterling


0,85655




SEK


Swedish krona


9,0845




CHF


Swiss franc


1,2342




ISK


Iceland króna


 




NOK


Norwegian krone


7,7475




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,996




HUF


Hungarian forint


306,71




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,3634




RON


Romanian leu


4,3523




TRY


Turkish lira


2,4477




AUD


Australian dollar


1,3296




CAD


Canadian dollar


1,3981




HKD


Hong Kong dollar


10,6782




NZD


New Zealand dollar


1,7280




SGD


Singapore dollar


1,7461




KRW


South Korean won


1 538,53




ZAR


South African rand


10,9430




CNY


Chinese yuan renminbi


8,7275




HRK


Croatian kuna


7,4975




IDR


Indonesian rupiah


12 312,98




MYR


Malaysian ringgit


4,2909




PHP


Philippine peso


58,924




RUB


Russian rouble


42,0789




THB


Thai baht


42,174




BRL


Brazilian real


2,4022




MXN


Mexican peso


18,5517




INR


Indian rupee


67,4890






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2011-11-08
Institutions: European Commission
Subjects: Arctic Ocean, Norway, Spain, catch of fish, catch quota, common fisheries policy, sea fish








C_2011323EN.01000701.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/7





Information communicated by Member States regarding closure of fisheries
2011/C 323/05
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


26.9.2011




Duration


26.9.2011-31.12.2011




Member State


Spain




Stock or Group of stocks


COD/1/2B.




Species


Cod (Gadus morhua)




Zone


I and IIb




Type(s) of fishing vessels


—




Reference number


1080619




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Decision to close the formal investigation procedure after withdrawal by Member State — State aid — Finland (Articles 107 to 109 of the Treaty on the Functioning of the European Union) — Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification — State aid SA.32602 (N/11) — Modification to investment aid and young farmer start-up support granted under the Act on the Financing of the Rural Industries
Date: 2011-11-08
Institutions: European Commission
Subjects: Finland, State aid, aid to agriculture, control of State aid, investment aid, young farmer








C_2011323EN.01001001.xml










8.11.2011   


EN


Official Journal of the European Union


C 323/10





DECISION TO CLOSE THE FORMAL INVESTIGATION PROCEDURE AFTER WITHDRAWAL BY MEMBER STATE
State aid — Finland
(Articles 107 to 109 of the Treaty on the Functioning of the European Union)
Commission notice pursuant to Article 108(2) of the TFEU — Withdrawal of notification
State aid SA.32602 (N/11) — Modification to investment aid and young farmer start-up support granted under the Act on the Financing of the Rural Industries
2011/C 323/08
The Commission has decided to close the formal investigation procedure under Article 108(2) of the TFEU, initiated on 29 June 2011 (1) in respect of the measure referred to above, recording that Finland has withdrawn its notification on 30 August 2011 and will not pursue this aid project further.


(1)  OJ C 240, 18.8.2011, p. 9.
Case C-561/11: Reference for a preliminary ruling from the Juzgado de lo Mercantil de Alicante (Spain) lodged on 8 November 2011 — Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
Date: 2011-11-08
Institutions: Court of Justice
Subjects: brand name, registered trade mark, trade-mark law








C_2012025EN.01003402.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/34






Reference for a preliminary ruling from the Juzgado de lo Mercantil de Alicante (Spain) lodged on 8 November 2011 — Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza
(Case C-561/11)
(2012/C 25/65)
Language of the case: Spanish

Referring court

Juzgado de lo Mercantil de Alicante

Parties to the main proceedings


Applicant: Fédération Cynologique Internationale

Defendant: Federación Canina Internacional de Perros de Pura Raza

Question referred

In proceedings for infringement of the exclusive right conferred by a Community trade mark, does the right to prevent the use thereof by third parties in the course of trade provided for in Article 9(1) of Council Regulation (EC) No 207/2009 (1) of 26 February 2009 on the Community trade mark extend to any third party who uses a sign that involves a likelihood of confusion (because it is similar to the Community trade mark and the services or goods are similar) or, on the contrary, is the third party who uses that sign (capable of being confused) which has been registered in his name as a Community trade mark excluded until such time as that subsequent trade mark registration has been declared invalid?


(1)  OJ 2009 L 78, p. 1.
Case T-43/10: Order of the General Court of 8 November 2011 — Elementis and Others v Commission (Competition — Agreements, decisions and concerted practices — Markets for tin stabilisers and ESBO/esters heat stabilisers — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Withdrawal of the decision — Disappearance of the subject-matter of the proceedings — No need to adjudicate)
Date: 2011-11-08
Institutions: General Court
Subjects: chemical industry, fine, infringement of EU law, restriction on competition, unfair terms of contract








C_2012006EN.01001602.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/16





Order of the General Court of 8 November 2011 — Elementis and Others v Commission
(Case T-43/10) (1)

(Competition - Agreements, decisions and concerted practices - Markets for tin stabilisers and ESBO/esters heat stabilisers - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Withdrawal of the decision - Disappearance of the subject-matter of the proceedings - No need to adjudicate)
2012/C 6/29
Language of the case: English

Parties


Applicants: Elementis plc (London, United Kingdom); Elementis Holdings Ltd (London); Elementis UK Ltd (London); and Elementis Services Ltd (London) (represented by: T. Wessely, A. de Brousse, lawyers, A. Woods, Solicitor, and E. Spinelli, lawyer)

Defendant: European Commission (represented by: F. Ronkes Agerbeek and J. Bourke, acting as Agents, and by J. Holmes, Barrister)

Re:

APPLICATION for annulment of Commission Decision C(2009) 8682 final of 11 November 2009 relating to a proceeding under Article 81 EC and Article 53 of the EEA Agreement (Case COMP/38.589 — Heat stabilisers), in so far as it concerns the applicants, as well as, in the alternative, an application for a reduction in the fines imposed on the applicants under that decision.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


The European Commission shall pay the costs.






(1)  OJ C 100, 17.4.2010.
Case T-287/10: Order of the General Court of 8 November 2011 — Unilever Espãna and Unilever v OHIM — Med Trans G. Poulias-S. Brakatselos (MED FRIGO S.A.)
Date: 2011-11-08
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2012006EN.01002401.xml










7.1.2012   


EN


Official Journal of the European Union


C 6/24





Order of the General Court of 8 November 2011 — Unilever Espãna and Unilever v OHIM — Med Trans G. Poulias-S. Brakatselos (MED FRIGO S.A.)
(Case T-287/10) (1)

2012/C 6/44
Language of the case: English
The President of the Seventh Chamber has ordered that the case be removed from the register.


(1)  OJ C 234, 28.8.2010.