do-me/EUR-LEX huggingface dataset:
Information on the date of entry into force of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros
Date: 2011-11-29
Institutions: Council of the European Union
Subjects: Comoros, cooperation agreement (EU), economic development, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing rights, protocol to an agreement








L_2011314EN.01000101.xml










29.11.2011   


EN


Official Journal of the European Union


L 314/1







Information on the date of entry into force of the Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros

On 16 May 2011, the European Union notified the Union of the Comoros of the completion by the Council, on behalf of the European Union, of the procedures necessary for the entry into force of the above Protocol, signed in Brussels on 31 December 2010.
Likewise, the Union of the Comoros notified on 4 November 2011 the European Union of the completion of its conclusion procedures.
The Protocol accordingly entered into force on 4 November 2011 pursuant to Article 14 thereof.
Case C-615/11 P: Appeal brought on 29 November 2011 by European Commission against the judgment of the General Court (Fifth Chamber) delivered on 29 September 2011 in Case T-442/07: Ryanair Ltd v European Commission, supported by Air One SpA
Date: 2011-11-29
Institutions: Court of Justice
Subjects: State aid, infringement of EU law, interpretation of the law, labour mobility, low cost airline








C_2012065EN.01000402.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/4





Appeal brought on 29 November 2011 by European Commission against the judgment of the General Court (Fifth Chamber) delivered on 29 September 2011 in Case T-442/07: Ryanair Ltd v European Commission, supported by Air One SpA
(Case C-615/11 P)
2012/C 65/08
Language of the case: English

Parties


Appellant: European Commission (represented by: L. Flynn, D. Grespan, S. Noë, Agents)

Other parties to the proceedings: Ryanair Ltd, Air One SpA

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court (Fifth Chamber) of 29 September 2011, notified to the Commission on 30 September 2011, in Case T-442/07 Ryanair Ltd v European Commission in so far as it declares that the Commission of the European Communities failed to fulfil its obligations under the EC Treaty by failing to adopt a decision in respect of the transfer of the 100 Alitalia employees complained of in the letter;










—


reject the application for a declaration of failure to act by the Commission of the European Communities in failing to adopt a decision in respect of the transfer of the 100 Alitalia employees, complained of in the letter of 16 June 2006 sent to the Commission by Ryanair Ltd;










—


order Ryanair Ltd to pay the costs;










—


alternatively,






—


refer back the case to the General Court for reconsideration;










—


reserve the costs of the proceedings at first instance and on appeal.









Pleas in law and main arguments

The appellant submits that the contested judgment should be set aside on the following grounds:






—


Misinterpretation of Articles 10(1) and 20(2) of Regulation (EC) No 659/1999 (1). The General Court erred in law when it set out the criteria that determine if the Commission is in possession of information or a complaint about alleged unlawful aid;










—


Error in the legal qualification of Ryanair's letter of 16 June 2006. The General Court concluded that the Commission had received a complaint or information regarding alleged unlawful aid in the form of the letter of 16 June 2006. The Commission considers that in so doing the General Court erred in law by reason of a mistaken qualification of that letter;










—


Error in law in ascertaining whether the Commission was under a duty to act for the purposes of Article 232 EC by reference to the requirements of Article 20(2) of Regulation (EC) No 659/1999.






(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty
Case T-10/11 P: Judgment of the General Court of 29 November 2011 — Birkhoff v Commission (Appeal — Civil service — Officials — Family allowances — Dependent child allowance — Child suffering from an infirmity preventing her from earning a livelihood — Refusal to extend payment of the allowance)
Date: 2011-11-29
Institutions: General Court
Subjects: European official, care allowance, dependant, disabled person, family benefit








C_2012025EN.01005101.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/51






Judgment of the General Court of 29 November 2011 — Birkhoff v Commission
(Case T-10/11 P) (1)

(Appeal - Civil service - Officials - Family allowances - Dependent child allowance - Child suffering from an infirmity preventing her from earning a livelihood - Refusal to extend payment of the allowance)
(2012/C 25/98)
Language of the case: Italian

Parties


Appellant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and B. Eggars, acting as Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 27 October 2010 in Case F-60/09 Birkhoff v Commission (not yet published in the ECR), seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 27 October 2010 in Case F-60/09 Birkhoff v Commission (not yet published in the ECR);










2.


Refers the case back to the Civil Service Tribunal;










3.


Orders that the costs be reserved.






(1)  OJ C 55, 19.2.2011.
Commission Implementing Regulation (EU) No 1246/2011 of 29 November 2011 entering a name in the register of protected designations of origin and protected geographical indications (Mantecados de Estepa (PGI))
Date: 2011-11-29
Institutions: European Commission
Subjects: Spain, confectionery product, designation of origin, product designation








L_2011319EN.01003201.xml










2.12.2011   


EN


Official Journal of the European Union


L 319/32








            COMMISSION IMPLEMENTING REGULATION (EU) No 1246/2011
of 29 November 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Mantecados de Estepa (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Mantecados de Estepa’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 29 November 2011.


For the Commission, On behalf of the President,

Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 32, 1.2.2011, p. 22.




ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

SPAIN
Mantecados de Estepa (PGI)
Euro exchange rates
Date: 2011-11-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2011348EN.01000501.xml










29.11.2011   


EN


Official Journal of the European Union


C 348/5





Euro exchange rates (1)

28 November 2011
2011/C 348/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3348




JPY


Japanese yen


103,82




DKK


Danish krone


7,4375




GBP


Pound sterling


0,85820




SEK


Swedish krona


9,2597




CHF


Swiss franc


1,2309




ISK


Iceland króna


 




NOK


Norwegian krone


7,8355




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,757




HUF


Hungarian forint


308,91




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6970




PLN


Polish zloty


4,5153




RON


Romanian leu


4,3660




TRY


Turkish lira


2,4817




AUD


Australian dollar


1,3435




CAD


Canadian dollar


1,3802




HKD


Hong Kong dollar


10,4038




NZD


New Zealand dollar


1,7694




SGD


Singapore dollar


1,7338




KRW


South Korean won


1 539,49




ZAR


South African rand


11,1555




CNY


Chinese yuan renminbi


8,5215




HRK


Croatian kuna


7,4985




IDR


Indonesian rupiah


12 183,43




MYR


Malaysian ringgit


4,2420




PHP


Philippine peso


58,392




RUB


Russian rouble


41,7500




THB


Thai baht


41,806




BRL


Brazilian real


2,4877




MXN


Mexican peso


18,7413




INR


Indian rupee


69,4560






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.6378 — C1000/SdB Supermarket)  Text with EEA relevance
Date: 2011-11-29
Institutions: European Commission
Subjects: economic concentration, merger control, supermarket








C_2011348EN.01000402.xml










29.11.2011   


EN


Official Journal of the European Union


C 348/4





Non-opposition to a notified concentration
(Case COMP/M.6378 — C1000/SdB Supermarket)
(Text with EEA relevance)
2011/C 348/03
On 24 November 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 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 32011M6378. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6415 — Vendôme Commerces/CDC/Immeuble Toulon)  Text with EEA relevance
Date: 2011-11-29
Institutions: European Commission
Subjects: France, competition, economic concentration, merger control, real estate business, services of general interest








C_2011348EN.01000401.xml










29.11.2011   


EN


Official Journal of the European Union


C 348/4





Non-opposition to a notified concentration
(Case COMP/M.6415 — Vendôme Commerces/CDC/Immeuble Toulon)
(Text with EEA relevance)
2011/C 348/02
On 23 November 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 French 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 32011M6415. EUR-Lex is the on-line access to the European law.
Case T-605/11: Action brought on 29 November 2011 — Novartis v OHIM — Organic (BIOCERT)
Date: 2011-11-29
Institutions: General Court
Subjects: EU trade mark, health care, registered trade mark, trade-mark law








C_2012032EN.01003102.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/31





Action brought on 29 November 2011 — Novartis v OHIM — Organic (BIOCERT)
(Case T-605/11)
2012/C 32/65
Language in which the application was lodged: English

Parties


Applicant: Novartis AG (Basel, Switzerland) (represented by: M. Douglas, lawyer)

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

Other party to the proceedings before the Board of Appeal: Dr. Organic Ltd (Swansea, United Kingdom)

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 28 September 2011 in case R 1030/2010-4; and










—


Order the defendant to bear the costs of the proceedings.





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 ‘BIOCERT’, for goods and services in classes 3, 4, 5, 29, 30, 31, 32, 35 and 44 — Community trade mark application No 7134984

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

Mark or sign cited in opposition: Austrian trade mark registration No 136273 of the word mark ‘BIOCEF’, for goods in class 5

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 76(1) of Council Regulation No 207/2009, as the Board of Appeal: (i) misinterpreted general principles laid down by the European courts and wrongly concluded that there is no likelihood of confusion between ‘BIOCEF’ and ‘BIOCERT’; and (ii) wrongly based its decision on facts which have not been forwarded by the parties of the proceedings.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April 2012 to 30 June 2012 under certain quotas opened by the Community for products in the poultrymeat sector
Date: 2011-11-29
Institutions: European Commission
Subjects: poultry, poultrymeat, tariff quota








C_2011348EN.01000601.xml










29.11.2011   


EN


Official Journal of the European Union


C 348/6





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April 2012 to 30 June 2012 under certain quotas opened by the Community for products in the poultrymeat sector
2011/C 348/05
Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of October 2011 for the subperiod 1 January to 31 March 2012 do not, for quotas 09.4212, 09.4214, 09.4217 and 09.4218, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2012; they are set out in the Annex to this notice.


(1)  OJ L 142, 5.6.2007, p. 3.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April 2012 to 30 June 2012
(in kg)




09.4212


74 088 000




09.4214


9 820 100




09.4217


13 463 000




09.4218


9 276 800
Commission Implementing Regulation (EU) No 1250/2011 of 29 November 2011 entering a name in the register of protected designations of origin and protected geographical indications (Πατάτα Νάξου (Patata Naxou) (PGI))
Date: 2011-11-29
Institutions: European Commission
Subjects: Greece, designation of origin, potato, product designation








L_2011319EN.01004101.xml










2.12.2011   


EN


Official Journal of the European Union


L 319/41








            COMMISSION IMPLEMENTING REGULATION (EU) No 1250/2011
of 29 November 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Πατάτα Νάξου (Patata Naxou) (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Greece’s application to register the name ‘Πατάτα Νάξου’ (Patata Naxou) was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 29 November 2011.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 91, 23.3.2011, p. 15.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

GREECE
Πατάτα Νάξου (Patata Naxou) (PGI)
Case F-119/10: Judgment of the Civil Service Tribunal (Third Chamber) of 29 November 2011 — Di Tullio v Commission (Civil service — Temporary staff — Leave for national service — Article 18 of the Conditions of Employment of Other Servants — Professional soldier — Completion of a period of territorial command — Refusal)
Date: 2011-11-29
Institutions: Civil Service Tribunal
Subjects: armed forces, servant (EU), special leave








C_2012138EN.01002603.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/26






Judgment of the Civil Service Tribunal (Third Chamber) of 29 November 2011 — Di Tullio v Commission
(Case F-119/10) (1)

(Civil service - Temporary staff - Leave for national service - Article 18 of the Conditions of Employment of Other Servants - Professional soldier - Completion of a period of territorial command - Refusal)
(2012/C 138/54)
Language of the case: French

Parties


Applicant: Di Tullio (Rovigo, Italy) (represented by: É. Boigelot and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and V. Joris, Agents)

Re:

Application for annulment of the decision of OLAF’s services refusing to grant the applicant leave for national service pursuant to Article 18 CEOS.

Operative part of the judgment

The Tribunal:






1.


Dismisses Mr Di Tullio’s action;










2.


Orders Mr Di Tullio to pay all the costs.






(1)  OJ C 30, 29.1.2011, p. 66.
Case F-127/11: Action brought on 29 November 2011 — ZZ v Commission
Date: 2011-11-29
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, competition (EU)








C_2012065EN.01002102.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/21





Action brought on 29 November 2011 — ZZ v Commission
(Case F-127/11)
2012/C 65/39
Language of the case: French

Parties


Applicant: ZZ (represented by: P. Nelissen Grade and G. Leblanc, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the jury’s decision not to add the applicant’s name to the reserve list in open competition EPSO/AD/177/10

Form of order sought

The applicant claims that the Civil Service Tribunal should:






—


annul the jury's decision of 3 February 2011 not to add the applicant’s name to the reserve list in open competition EPSO/AD/177/10;










—


annul the jury's decision of 4 April 2011 confirming its decision of 3 February 2011 not to add the applicant's name to the reserve list in open competition EPSO/AD/177/10;










—


annul EPSO’s decision of 29 August 2011 rejecting the appeal brought by the applicant on the basis of Article 90(2) of the staff regulations;










—


order the Commission to pay the costs.
Case C-76/11 P: Order of the Court (Eighth Chamber) of 29 November 2011 — Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd (Appeals — Community trade mark — Regulation (EC) No 40/94 — Articles 8(4) and 52(1)(c) — Community figurative mark Golden Elephant Brand — Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT — Reference to the national law governing the earlier trade mark — Common-law action for passing-off)
Date: 2011-11-29
Institutions: Court of Justice
Subjects: EU trade mark, processed food product, trade-mark law








C_2012109EN.01000401.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/4





Order of the Court (Eighth Chamber) of 29 November 2011 — Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd
(Case C-76/11 P) (1)

(Appeals - Community trade mark - Regulation (EC) No 40/94 - Articles 8(4) and 52(1)(c) - Community figurative mark Golden Elephant Brand - Application for a declaration of invalidity based on a non-registered national figurative mark GOLDEN ELEPHANT - Reference to the national law governing the earlier trade mark - Common-law action for passing-off)
2012/C 109/06
Language of the case: English

Parties


Appellant: Tresplain Investments Ltd. (represented by: B. Brandreth, Barrister)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent) Hoo Hing Holdings Ltd (represented by: M. Edenborough QC)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 9 December 2010 in Case T-303/08 Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court dismissed the action brought by the proprietor of the Community figurative mark ‘Golden Elephant Brand’, for goods in class 30, against Decision R 889/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 May 2008, annulling the decision of the Cancellation Division which had rejected an application for a declaration of invalidity of that mark, brought by the proprietor of the unregistered national figurative mark ‘GOLDEN ELEPHANT’, for goods in class 30 — Interpretation and application of Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009)

Operative part of the order







1.


Dismisses the appeal.










2.


Orders Tresplain Investments Ltd to pay the costs.






(1)  OJ C 120, 16.4.2011.