do-me/EUR-LEX huggingface dataset:
Case C-566/11: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 14 November 2011 — Iberdrola, S.A. and Gas Natural SDG, S.A. v Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.
Date: 2011-11-14
Institutions: Court of Justice
Subjects: Spain, energy production, tradeable emission permit








C_2012039EN.01000802.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/8






Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 14 November 2011 — Iberdrola, S.A. and Gas Natural SDG, S.A. v Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa, S.A.
(Case C-566/11)
(2012/C 39/13)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellants: Iberdrola, SA and Gas Natural SDG, S.A.

Other parties: Spanish State, Hidroeléctrica del Cantábrico, S.A. and Endesa

Question referred

May Article 10 of Directive 2003/87/EC (1) of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC be interpreted as not preventing application of national legislative measures of the kind under review in these proceedings, the purpose and effect of which are to reduce remuneration for the activity of electricity production by an amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge during the relevant period?


(1)  OJ 2003 L 275, p. 32.
2011/735/CFSP: Council Decision 2011/735/CFSP of 14 November 2011 amending Decision 2011/273/CFSP concerning restrictive measures against Syria
Date: 2011-11-14
Institutions: Council of the European Union
Subjects: EIB loan, Syria, economic sanctions, international sanctions, trade restriction




L_2011296EN.01005301.xml










15.11.2011   


EN


Official Journal of the European Union


L 296/53








            COUNCIL DECISION 2011/735/CFSP
of 14 November 2011
         
amending Decision 2011/273/CFSP concerning restrictive measures against Syria


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 9 May 2011, the Council adopted Decision 2011/273/CFSP concerning restrictive measures against Syria (1).












(2)


On 23 October 2011, the European Council stated that the EU would impose further measures against the Syrian regime as long as the repression of the civilian population continued.












(3)


In view of the gravity of the situation in Syria, the Council considers it necessary to impose additional restrictive measures.












(4)


The European Investment Bank should suspend the disbursement or other payments under or in connection with existing loan agreements with Syria as well as existing Technical Assistance Service Contracts for sovereign projects located in Syria.












(5)


Furthermore, the information relating to one person on the list in Annex I to Decision 2011/273/CFSP should be updated.












(6)


Decision 2011/273/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Decision 2011/273/CFSP, the following article is inserted:

‘Article 2e
The following shall be prohibited:






(a)


any disbursement or payment by the European Investment Bank (EIB) under or in connection with any existing loan agreements entered into between Syria and the EIB;










(b)


the continuation by the EIB of any existing Technical Assistance Service Contracts for sovereign projects located in Syria.’.







Article 2
In Annex I to Decision 2011/273/CFSP, the entry for Nizar AL-ASSAAD shall be replaced by the entry set out in the Annex to this Decision.


Article 3
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 14 November 2011.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 121, 10.5.2011, p. 11.




ANNEX

Person referred to in Article 2










 


Name


Identifying information


Reasons


Date of listing




1.


Nizar Al-Assad
(

)


Cousin of Bashar Al-Assad; previously head of the company ‘Nizar Oilfield Supplies’.


Very close to key government officials. Financing Shabiha in the region of Latakia.


23.08.2011
Case T-590/11: Action brought on 14 November 2011 — S & S Szlegiel Szlegiel i Wiśniewski v OHIM — Scotch & Soda (SODA)
Date: 2011-11-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012025EN.01006101.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/61






Action brought on 14 November 2011 — S & S Szlegiel Szlegiel i Wiśniewski v OHIM — Scotch & Soda (SODA)
(Case T-590/11)
(2012/C 25/117)
Language in which the application was lodged: English

Parties


Applicant: S & S Piotr Szlegiel Jacek Szlegiel i Robert Wiśniewski sp. j. (Gorzów Wielkopolski, Republic of Poland) (represented by: R. Sikorski, adwokat)

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

Other party to the proceedings before the Board of Appeal: Scotch & Soda BV (Hoofddorp, Netherlands)

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 25 August 2011 in case R 1570/2010-2;










—


Reject in its entirety the opposition No B1438250;










—


Order the defendant to register the trade mark applied for; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SODA’, for goods in class 25 — Community trade mark application No 6970875

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: Community trade mark registration No 3593498 of the word mark ‘SCOTCH & SODA’, for goods in class 25

Decision of the Opposition Division: Rejected the Community trade mark application in its entirety

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 failed: (i) to appreciate that there were sufficient visual, aural and conceptual differences between the marks, particularly with respect to its analysis of the conceptual meanings of the marks; (ii) to properly circumscribe and analyse the dominant element of the contested signs; and (iii) to properly take into consideration the level of attention of the average consumer of the category of goods concerned.
Case F-120/11: Action brought on 14 November 2011 — ZZ v Commission
Date: 2011-11-14
Institutions: Civil Service Tribunal
Subjects: appointment of members, civil law, judicial power








C_2012025EN.01007201.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/72






Action brought on 14 November 2011 — ZZ v Commission
(Case F-120/11)
(2012/C 25/139)
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision appointing the new director of Directorate A ‘Civil Justice’ of DG JUST and of the decision rejecting the applicant's candidature for that post.

Form of order sought







—


Annul the decision rejecting the applicant's candidature for the post of director of Directorate A ‘Civil Justice’ of the Directorate-General for Justice (‘DG JUST/A’) and the decision to appoint another person to that post;










—


order the Commission to pay the costs.
Case C-567/11: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 14 November 2011 — Gas Natural SDG, S.A. v Endesa, S.A., Iberdrola, S.A., Hidroeléctrica del Cantábrico, S.A. and Spanish State
Date: 2011-11-14
Institutions: Court of Justice
Subjects: Spain, energy production, tradeable emission permit








C_2012039EN.01000803.xml










11.2.2012   


EN


Official Journal of the European Union


C 39/8






Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 14 November 2011 — Gas Natural SDG, S.A. v Endesa, S.A., Iberdrola, S.A., Hidroeléctrica del Cantábrico, S.A. and Spanish State
(Case C-567/11)
(2012/C 39/14)
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellant: Gas Natural SDG, S.A.

Other parties: Endesa, S.A., Iberdrola, S.A., Hidroeléctrica del Cantábrico, S.A. and Spanish State

Question referred

May Article 10 of Directive 2003/87/EC (1) of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC be interpreted as not preventing application of national legislative measures of the kind under review in these proceedings, the purpose and effect of which are to reduce remuneration for the activity of electricity production by an amount equivalent to the value of the greenhouse gas emission allowances allocated free of charge during the relevant period?


(1)  OJ 2003 L 275, p. 32.
Case C-571/11: Reference for a preliminary ruling from the Tribunalul Comercial Cluj (Romania) lodged on 14 November 2011 — SC Volksbank România SA v Andreia Câmpan and Ioan Dan Câmpan
Date: 2011-11-14
Institutions: Court of Justice
Subjects: consumer credit, real estate credit, unfair terms of contract








C_2012025EN.01003502.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/35






Reference for a preliminary ruling from the Tribunalul Comercial Cluj (Romania) lodged on 14 November 2011 — SC Volksbank România SA v Andreia Câmpan and Ioan Dan Câmpan
(Case C-571/11)
(2012/C 25/68)
Language of the case: Romanian

Referring court

Tribunalul Comercial Cluj

Parties to the main proceedings


Applicant: SC Volksbank România SA

Defendants: Andreia Câmpan and Ioan Dan Câmpan

Question referred

Having regard to the fact that, in accordance with Article 4(2) of Directive 93/13/EEC, (1) assessment of the unfair nature of contractual terms must relate neither to the definition of the main subject-matter of the contract nor to the adequacy of the price and remuneration, on the one hand, as against the services or goods supplied in exchange, on the other, in so far as these terms are in plain intelligible language,
and
given that, under Article 2(2)(a) of Directive 2008/48/EC, (2) the definition provided in Article 3(g) of that directive of ‘the total cost of the credit to the consumer’, which includes all the fees which the consumer is required to pay in connection with the credit agreement, does not apply for the purposes of determining the subject-matter of a credit agreement secured by a mortgage,
can the concepts of ‘subject-matter’ and/or of ‘price’, as used in Article 4(2) of Directive 93/13/EEC, be interpreted as meaning that a fee referred to by the parties as a ‘risk commission’, which is provided for under a credit agreement secured by a mortgage and which is calculated on the basis of ‘0.22% of the credit balance’ and payable monthly, throughout the entire period of validity of the credit agreement, on pre-determined repayment dates falls within the ‘subject-matter’ and/or ‘price’ of the credit agreement secured by mortgage?


(1)  Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29)

(2)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66)
2011/763/EU: Decision No 40/2011 of 14 November 2011 of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Electromagnetic Compatibility
Date: 2011-11-14
Institutions: EC–United States of America Joint Committee
Subjects: Netherlands, Slovenia, United States, agreement (EU), approval, electro-magnetic equipment, mutual recognition principle, public institution








L_2011313EN.01004501.xml










26.11.2011   


EN


Official Journal of the European Union


L 313/45








            DECISION No 40/2011
of 14 November 2011
         
of the Joint Committee established under the Agreement on Mutual Recognition between the European Community and the United States of America related to the listing of Conformity Assessment Bodies under the Sectoral Annex on Electromagnetic Compatibility
(2011/763/EU)


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Articles 7 and 14;


Whereas the Joint Committee is to take a decision to list a Conformity Assessment Body or Bodies under a Sectoral Annex;

HAS DECIDED AS FOLLOWS:










1.


The Conformity Assessment Bodies in Attachment A are added to the list of Conformity Assessment Bodies under the column ‘EC access to US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility.












2.


The specific scope of listing, in terms of products and conformity assessment procedures, of the Conformity Assessment Bodies indicated in Attachment A has been agreed by the Parties and will be maintained by them.




This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.





On behalf of the United States of America

James SANFORD
            
Signed in Washington DC on 8 November 2011
            



On behalf of the European Union

Fernando PERREAU DE PINNINCK
            
Signed in Brussels on 14 November 2011
            







Attachment A

EC Conformity Assessment Bodies added to the list of Conformity Assessment Bodies under the column ‘EC access to US market’ in Section V of the Sectoral Annex on Electromagnetic Compatibility











TÜV Rheinland-EPS BV




Smidshornerweg 18




9822 ZG Niekerk




NETHERLANDS


















Bicon Laboratories BV (BICON)




Waterdijk 3A, 5705 CW Helmond




PO box 118, 5700 AC Helmond




NETHERLANDS


















SIQ – Slovenian Institute of Quality and Metrology




Tržaška cesta 2




SI-1000 Ljubljana




SLOVENIA
Commission Regulation (EU) No 1185/2011 of 14 November 2011 establishing a prohibition of fishing for redfish in EU and international waters of V; international waters of XII and XIV by vessels flying the flag of Portugal
Date: 2011-11-14
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, Faroes, Greenland, Iceland, Portugal, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011302EN.01000801.xml










19.11.2011   


EN


Official Journal of the European Union


L 302/8








            COMMISSION REGULATION (EU) No 1185/2011
of 14 November 2011
         
establishing a prohibition of fishing for redfish in EU and international waters of V; international waters of XII and XIV 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 that 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, 14 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 24, 27.01.2011, p. 1.




ANNEX






No


72/T&Q




Member State


Portugal




Stock


RED/51214D




Species


Redfish (deep pelagic) - (Sebastes spp.)




Zone


EU and international waters of V; international waters of XII and XIV




Date


24.10.2011
Commission Implementing Decision of 14 November 2011 amending Decision 2008/855/EC as regards animal health control measures relating to classical swine fever in France (notified under document C(2011) 8095) Text with EEA relevance
Date: 2011-11-14
Institutions: European Commission
Subjects: France, animal plague, health control, veterinary inspection, wild mammal








L_2011297EN.01006901.xml










16.11.2011   


EN


Official Journal of the European Union


L 297/69








            COMMISSION IMPLEMENTING DECISION
         
of 14 November 2011
         
amending Decision 2008/855/EC as regards animal health control measures relating to classical swine fever in France
(notified under document C(2011) 8095)
(Text with EEA relevance)
(2011/743/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,


Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,

Whereas:







(1)


Commission Decision 2008/855/EC of 3 November 2008 concerning animal health control measures relating to classical swine fever in certain Member States (3) lays down certain control measures in relation to classical swine fever in the Member States or regions thereof listed in the Annex thereto. That list includes parts of the territory of the Departments of Bas-Rhin and Moselle in France.












(2)


France has informed the Commission about recent developments with regard to that disease in feral pigs in the territory of the region of the Northern Vosgues and in particular in the part of the Departments of Bas-Rhin and Moselle located west of the Rhine.












(3)


That information indicates that classical swine fever in feral pigs has been eradicated in the Departments of Bas-Rhin and Moselle. Accordingly, the measures provided for in Decision 2008/855/EC should no longer apply to those Departments and the entry for France in the list set out in the Annex thereto should be deleted. That Annex should therefore be amended accordingly.












(4)


Decision 2008/855/EC should therefore be amended accordingly.












(5)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,





HAS ADOPTED THIS DECISION:



Article 1
In the Annex to Decision 2008/855/EC, point 2 of Part I is deleted.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 14 November 2011.


For the Commission

John DALLI
            

Member of the Commission






(1)  
            OJ L 395, 30.12.1989, p. 13.

(2)  
            OJ L 224, 18.8.1990, p. 29.

(3)  
            OJ L 302, 13.11.2008, p. 19.
Case T-583/11: Action brought on 14 November 2011 — Solar-Fabrik v OHIM (Premium L)
Date: 2011-11-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, solar energy, trade-mark law








C_2012025EN.01005902.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/59






Action brought on 14 November 2011 — Solar-Fabrik v OHIM (Premium L)
(Case T-583/11)
(2012/C 25/114)
Language of the case: German

Parties


Applicant: Solar-Fabrik AG für Produktion und Vertrieb von solartechnischen Produkten (Freiburg im Breisgau, Germany) (represented by M. Douglas, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 September 2011 in Case R 246/2011-1;










—


Order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘Premium L’ for goods in Classes 9 and 11

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character.
Case C-535/10 P: Order of the President of the Court of 14 November 2011 — 4care AG v Office For Harmonization in the Internal Market (Trade marks and designs), Laboratorios Diafarm, SA
Date: 2011-11-14
Institutions: Court of Justice
Subjects: EU trade mark, equal treatment, registered trade mark, trade-mark law








C_2012049EN.01002103.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/21





Order of the President of the Court of 14 November 2011 — 4care AG v Office For Harmonization in the Internal Market (Trade marks and designs), Laboratorios Diafarm, SA
(Case C-535/10 P) (1)

2012/C 49/37
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 30, 29.1.2011.