do-me/EUR-LEX huggingface dataset:
Information relating to the entry into force of an Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union
Date: 2011-11-30
Institutions: General Secretariat of the Council
Subjects: Australia, Bulgaria, GATT, Romania, accession to the European Union, agreement (EU), import (EU), ratification of an agreement, tariff agreement








L_2011317EN.01000101.xml










30.11.2011   


EN


Official Journal of the European Union


L 317/1







Information relating to the entry into force of an Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

The Agreement in the form of an Exchange of Letters between the European Union and Australia pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (1) will enter into force on 1 December 2011.


(1)  See page 6 of this Official Journal.
2011/809/EU: Council Decision of 30 November 2011 on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans
Date: 2011-11-30
Institutions: Council of the European Union
Subjects: Western Balkans, World Trade Organisation, preferential agreement, tariff exemption








L_2011324EN.01002801.xml










7.12.2011   


EN


Official Journal of the European Union


L 324/28








            COUNCIL DECISION
         
of 30 November 2011
         
on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans
(2011/809/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Union has adopted legislation renewing the autonomous preferential trade regime for the Western Balkans until 31 December 2015. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the treatment provided for in the autonomous preferential trade regime would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT 1994 pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.












(2)


The Union submitted such a request on 26 October 2011, and the WTO General Council is to deliberate thereon.












(3)


It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the extension of the WTO waiver for the Western Balkans until 31 December 2016.
This position shall be expressed by the Commission.


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




Done at Brussels, 30 November 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI
Case C-613/11: Action brought on 30 November 2011 — European Commission v Italian Republic
Date: 2011-11-30
Institutions: Court of Justice
Subjects: Sardinia, State aid, control of State aid, maritime transport, reimbursement of aid








C_2012032EN.01001601.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/16





Action brought on 30 November 2011 — European Commission v Italian Republic
(Case C-613/11)
2012/C 32/29
Language of the case: Italian

Parties


Applicant: European Commission (represented by: B. Stromsky and D. Grespan, Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:






—


declare that, by failing to take, within the prescribed period, all the measures necessary to recover the State aid considered unlawful and incompatible with the internal market by Commission Decision [2008/92/EC] of 10 July 2007 concerning an Italian State aid scheme to the Sardinian shipping sector (notified on 11 July 2007 and published in OJ 2008 L 29, p. 24), the Italian Republic has failed to fulfil its obligations under Articles 2 and 5 of that decision and under the Treaty on the Functioning of the European Union;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The period for implementing Decision 2008/92 expired on 11 September 2007.
To date, the Italian Republic has not yet undertaken the full recovery of the aid declared unlawful by the decision in question or informed the Commission that recovery has taken place. Moreover, the legal and practical difficulties relied on by Italy as justification for the delay in implementing that decision are not such as to make recovery absolutely impossible in accordance with the case-law of the Court nor has Italy at any stage in fact pleaded that such recovery was absolutely impossible.
In addition, the Commission complains that, in breach of the obligation under the decision in question to communicate information and of the duty of cooperation in good faith, Italy was late in informing it of the progress of the national procedures for implementing the decision.
Commission Regulation (EU) No 1252/2011 of 30 November 2011 establishing a prohibition of fishing for anglerfish in VII by vessels flying the flag of the Netherlands
Date: 2011-11-30
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, English Channel, France, Ireland, Irish Sea, Netherlands, United Kingdom, catch quota, fishing rights, sea fish, ship's flag








L_2011319EN.01004501.xml










2.12.2011   


EN


Official Journal of the European Union


L 319/45








            COMMISSION REGULATION (EU) No 1252/2011
of 30 November 2011
         
establishing a prohibition of fishing for anglerfish in VII by vessels flying the flag of the Netherlands


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, 30 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, 27.1.2011, p. 1.




ANNEX






No


76/T&Q




Member State


The Netherlands




Stock


ANF/07.




Species


Anglerfish (Lophiidae)





Zone


VII




Date


11.11.2011
Case T-477/10: Judgment of the General Court of 30 November 2011 SE — Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT) (Community trade mark — Opposition procedure — Application for Community figurative mark SE© SPORTS EQUIPMENT — Prior national word mark SE So Easy — Relative grounds for refusal — Similarity of the signs — Article 8(1)(b) of Regulation No 207/2009)
Date: 2011-11-30
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, trade-mark law








C_2012025EN.01004903.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/49






Judgment of the General Court of 30 November 2011 SE — Blusen Stenau v OHIM (Sport Eybl & Sports Experts (SE© SPORTS EQUIPMENT)
(Case T-477/10) (1)

(Community trade mark - Opposition procedure - Application for Community figurative mark SE© SPORTS EQUIPMENT - Prior national word mark SE So Easy - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation No 207/2009)
(2012/C 25/95)
Language of the case: German

Parties


Applicant: SE — Blusen Stenau GmbH (Gronau, Germany) (represented by: O. Bischof, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Sport Eybl & Sports Experts GmbH (Wels, Austria) (represented by: M. Pachinger and S. Fürst., lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 July 2010 (Case R 139372009-1) concerning an opposition procedure between SE — Blusen Stenau GmbH and Sport Eybl & Sports Experts GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 July 2010 (Case R 139372009-1);










2.


Orders OHIM to bear its own costs and pay the costs incurred by SE — Blusen Stenau GmbH;










3.


Orders Sport Eybl & Sports Experts GmbH to bear its own costs.






(1)  OJ C 346, 18.12.2010.
Commission Regulation (EU) No 1265/2011 of 30 November 2011 establishing a prohibition of fishing for herring in EU waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland
Date: 2011-11-30
Institutions: European Commission
Subjects: EU waters, Poland, catch quota, fishing rights, sea fish, ship's flag








L_2011324EN.01000601.xml










7.12.2011   


EN


Official Journal of the European Union


L 324/6








            COMMISSION REGULATION (EU) No 1265/2011
of 30 November 2011
         
establishing a prohibition of fishing for herring in EU waters of Subdivisions 25-27, 28.2, 29 and 32 by vessels flying the flag of Poland


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 1124/2010 of 29 November 2010 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in the Baltic Sea (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, 30 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 318, 4.12.2010, p. 1.




ANNEX






No


77/T&Q




Member State


Poland




Stock


HER/3D25.; HER/3D26.; HER/3D27.; HER/3D28.; HER/3D29.; HER/3D32. (HER/3D-R30)




Species


Herring (Clupea harengus)




Zone


EU waters of Subdivisions 25-27, 28.2, 29 and 32




Date


15.11.2011
Case C-611/11 P: Appeal brought on 30 November 2011 by ara AG against the judgment of the General Court (Seventh Chamber) delivered on 22 September 2011 in Case T-174/10 ara v OHIM
Date: 2011-11-30
Institutions: Court of Justice
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2012133EN.01001402.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/14





Appeal brought on 30 November 2011 by ara AG against the judgment of the General Court (Seventh Chamber) delivered on 22 September 2011 in Case T-174/10 ara v OHIM
(Case C-611/11 P)
2012/C 133/26
Language of the case: French

Parties


Appellant: ara AG (represented by: M. Gail, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Allrounder SARL

Form of order sought







—


Set aside the judgment of the General Court of the European Union of 22 September 2011 in Case T-174/10;










—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 January 2010 (Case R 481/2009-1);










—


order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and the intervener at first instance to pay the entirety of the costs in the two instances.





Pleas in law and main arguments

The appellant alleges infringement by the General Court of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. (1)

In that connection, the appellant alleges, first, breach of the obligation to state reasons by the General Court in that it failed, in the global assessment of the likelihood of confusion, to provide sufficient reasons with regard to the criteria of the relevant public, the comparison of the marks and the likelihood of confusion. Thus, the General Court erred in finding that the public in question consists of average consumers displaying an average level of attention when the goods concerned are purchased despite the fact that it had been established, initially, that the consumer will rarely have the chance to make a direct comparison between the different marks. Furthermore, the General Court erred in finding, when comparing the marks, that the presence of the two triangular motifs dominated the impression conveyed to the public by the mark in dispute. Consequently, the General Court overstated one or more components of the mark.
In addition, the appellant submits that the General Court breached the obligation to state reasons to the extent that it did not refer to the documents submitted by the intervener in connection with ascertaining whether there was a likelihood of confusion.
Lastly, the appellant submits that the General Court underestimated the importance of the principle that the competent authority has a duty to examine relevant facts of its own motion.


(1)  OJ 2009 L 78, p. 1.
Council Recommendation of 30 November 2011 on the appointment of a member of the Executive Board of the European Central Bank
Date: 2011-11-30
Institutions: Council of the European Union
Subjects: European Central Bank, appointment of members, decision-making body (EU)








C_2011364EN.01000601.xml










14.12.2011   


EN


Official Journal of the European Union


C 364/6





COUNCIL RECOMMENDATION
of 30 November 2011
on the appointment of a member of the Executive Board of the European Central Bank
2011/C 364/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
Whereas it is necessary to appoint a new member of the Executive Board of the European Central Bank following the decision of Mr Lorenzo BINI SMAGHI to resign with effect from the end of 31 December 2011,
HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
To appoint Mr Benoît COEURÉ as member of the Executive Board of the European Central Bank for a term of office of eight years.

Done at Brussels, 30 November 2011.


For the Council


The President

J. VINCENT-ROSTOWSKI
Case C-612/11: Reference for a preliminary ruling from the Tribunale di Milano (Italy) on 30 November 2011 — Criminal proceedings against Vincenzo Veneruso
Date: 2011-11-30
Institutions: Court of Justice
Subjects: award of contract, freedom to provide services, game of chance, interpretation of the law, monopoly, professional sport, right of establishment, service concession








C_2012065EN.01000401.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/4





Reference for a preliminary ruling from the Tribunale di Milano (Italy) on 30 November 2011 — Criminal proceedings against Vincenzo Veneruso
(Case C-612/11)
2012/C 65/07
Language of the case: Italian

Referring Court

Tribunale di Milano

Party in the main proceedings

Vincenzo Veneruso

Questions referred

Do Articles 43 EC and 49 EC on freedom of establishment and the freedom to provide services in the sporting bets industry authorise national legislation establishing a monopoly regime and a system of concessions and authorisations which, in the context of a given number of concessions, makes provision for:






(a)


the existence of a general tendency to protect the holders of concessions granted during an earlier period on the basis of a procedure which unlawfully excluded some of the operators;










(b)


the presence of provisions which de facto guarantee the maintenance of commercial positions acquired at the end of a procedure which unlawfully excluded some of the operators (as, for example, the prohibition on new concession holders from installing their counters at less than a given distance from those already existing; and










(c)


the fixing of hypotheses for the expiry of the concession and the acquisition of guarantees of a very high amount, such hypotheses including that in which the concessionnaire directly or indirectly operates cross-border gaming activities comparable with those forming the subject-matter of the concession?
Case C-614/11: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 30 November 2011 — Niederösterreichische Landes-Landwirtschaftskammer v Anneliese Kuso
Date: 2011-11-30
Institutions: Court of Justice
Subjects: Austria, accession to the European Union, contract, dismissal, interpretation of the law, sexual discrimination








C_2012080EN.01000801.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/8





Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 30 November 2011 — Niederösterreichische Landes-Landwirtschaftskammer v Anneliese Kuso
(Case C-614/11)
2012/C 80/10
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: Niederösterreichische Landes-Landwirtschaftskammer

Defendant: Anneliese Kuso

Question referred

Does Article 3(1)(a) and (c) of Directive 76/207/EEC, (1) as amended by Directive 2002/73/EC, preclude national legislation under which discrimination on grounds of sex in connection with the termination of an employment relationship which is effected solely by lapse of time pursuant to a fixed-term individual employment contract entered into before the entry into force of the above directive (in this case before Austria’s accession to the European Union) is to be examined not on the basis of a contractual provision stipulating the fixed term to be a ‘condition governing dismissal’ but only in connection with the rejection of the request for a contract extension as a ‘condition governing recruitment’?


(1)  Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions OJ L 39, 14.2.1976, p. 40, and amended by Directive 2002/73/EC of the European Parliament and the Council of 23 September 2002.