do-me/EUR-LEX huggingface dataset:
Accession Treaty: Treaty concerning the accession of the Republic of Croatia *** European Parliament legislative resolution of 1 December 2011 on the accession to the European Union of the Republic of Croatia (14409/2011 – C7-0252/2011 – 2011/0805(NLE))
Date: 2011-12-01
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Croatia, accession criteria, accession negotiations








CE2013165EN.01011402.xml










11.6.2013   


EN


Official Journal of the European Union


CE 165/114





Thursday 1 December 2011Accession Treaty: Treaty concerning the accession of the Republic of Croatia ***
P7_TA(2011)0538
European Parliament legislative resolution of 1 December 2011 on the accession to the European Union of the Republic of Croatia (14409/2011 – C7-0252/2011 – 2011/0805(NLE))
2013/C 165 E/27
(Consent)

The European Parliament,






—


having regard to the application by the Republic of Croatia to become a member of the European Union,










—


having regard to the request for consent submitted by the Council pursuant to Article 49 of the Treaty on European Union (14409/2011 – C7-0252/2011),










—


having regard to the opinion of the Commission (COM(2011)0667),










—


having regard to the draft Treaty concerning the Accession of the Republic of Croatia to the European Union, the Protocol and the Final Act,










—


having regard to Rules 74c and 81 of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A7-0390/2011),










A.


whereas the conditions for the admission of the applicant country and the modifications which its accession entails are set out in the draft Treaty concerning the Accession of the Republic of Croatia to the European Union, and whereas Parliament should be consulted on any substantial modifications to the draft Treaty,










B.


whereas the Commission must monitor further preparations for accession with rigour and objectivity and help the Croatian authorities to fulfil their commitments and obligations as entered into in the negotiations; whereas the Commission must keep Parliament regularly informed of the extent to which the Croatian authorities honour their commitments in order to fully assume their membership obligations upon accession on 1 July 2013,










1.


Consents to the accession to the European Union of the Republic of Croatia;










2.


Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Republic of Croatia.
2011/812/EU: Council Decision of 1 December 2011 appointing a Swedish member and a Swedish alternate member of the Committee of the Regions
Date: 2011-12-01
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Sweden, appointment of members








L_2011324EN.01003201.xml










7.12.2011   


EN


Official Journal of the European Union


L 324/32








            COUNCIL DECISION
         
of 1 December 2011
         
appointing a Swedish member and a Swedish alternate member of the Committee of the Regions
(2011/812/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Swedish Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat has become vacant following the end of the term of office of Mr Kent JOHANSSON.












(3)


An alternate member’s seat will become vacant following the appointment of Ms Ewa-May KARLSSON as a member of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as member:






—


Ms Ewa-May KARLSSON, Ledamot i kommunfullmäktige, Vindelns kommun;




and










(b)


as alternate member:






—


Ms Carola GUNNARSSON, Ledamot i kommunfullmäktige, Sala kommun.










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




Done at Brussels, 1 December 2011.


For the Council


The President

W. KOSINIAK-KAMYSZ
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-157/09: Judgment of the Court (Sixth Chamber) of 1 December 2011 — European Commission v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Article 43 EC — Freedom of establishment — Notaries — Nationality requirement — Article 45 EC — Connection with the exercise of official authority)
Date: 2011-12-01
Institutions: Court of Justice
Subjects: discrimination on the basis of nationality, freedom to provide services, notary, recognition of vocational training qualifications








C_2012032EN.01000301.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/3





Judgment of the Court (Sixth Chamber) of 1 December 2011 — European Commission v Kingdom of the Netherlands
(Case C-157/09) (1)

(Failure of a Member State to fulfil obligations - Article 43 EC - Freedom of establishment - Notaries - Nationality requirement - Article 45 EC - Connection with the exercise of official authority)
2012/C 32/04
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: H. Støvlbæk and W. Roels, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: D.J.M. de Grave and M.A.M de Ree, acting as Agents)

Intervener in support of the defendant: Republic of Slovenia (represented by: T. Mihelič, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 45 EC — Access to and practice of the profession of notary — Nationality requirement — Connection with the exercise of official authority

Operative part of the judgment

The Court:






1.


Declares that, by imposing a nationality requirement for access to the profession of notary, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 43 EC.










2.


Orders the Kingdom of the Netherlands to pay the costs.










3.


Orders the Slovenian Republic to bear its own costs.






(1)  OJ C 180, 1.8.2009.
Case T-611/11: Action brought on 1 December 2011 — Spa Monopole v OHIM — South Pacific Management (Manea Spa)
Date: 2011-12-01
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2012032EN.01003401.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/34





Action brought on 1 December 2011 — Spa Monopole v OHIM — South Pacific Management (Manea Spa)
(Case T-611/11)
2012/C 32/69
Language in which the application was lodged: French

Parties


Applicant: Spa Monopole, compagnie fermière de Spa SA/NV (Spa, Belgium) (represented by: L. De Brouwer, E. Cornu and E. De Gryse, lawyers)

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

Other party to the proceedings before the Board of Appeal: South Pacific Management (Papeete, Polynesia)

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 8 September 2011 in Joined Cases R 1776/2010-1 and 1886/2010-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: South Pacific Management.

Community trade mark concerned: word mark ‘Manea Spa’ for goods and services in Classes 3, 24, 25, 43 and 44.

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

Mark or sign cited in opposition: Benelux registrations of the word marks ‘SPA’ and ‘Les Thermes de Spa’ for goods and services in Classes 3, 32 and 42 (now Class 44).

Decision of the Opposition Division: partial rejection of the opposition.

Decision of the Board of Appeal: dismissal of the applicant’s appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009 in the assessment of the similarity of the marks at issue and as regards the assessment of the importance of the distinctive character acquired by use of the mark ‘SPA’ and of the likelihood of confusion, as well as breach of Article 8(5) of Regulation No 207/2009 as regards the assessment of the reputation of the marks ‘SPA’ and ‘Les Thermes de Spa’.
Amendment of Decision 2007/659/EC as regards its period of application and the annual quota benefiting from a reduced rate of excise duty * European Parliament legislative resolution of 1 December 2011 on the proposal for a Council decision amending Decision 2007/659/EC as regards its period of application and the annual quota benefiting from a reduced rate of excise duty (COM(2011)0577 – C7-0311/2011 – 2011/0248(CNS))
Date: 2011-12-01
Institutions: Committee on Regional Development, European Parliament
Subjects: application of EU law, excise duty, proposal (EU), tax relief








CE2013165EN.01010501.xml










11.6.2013   


EN


Official Journal of the European Union


CE 165/105





Thursday 1 December 2011Amendment of Decision 2007/659/EC as regards its period of application and the annual quota benefiting from a reduced rate of excise duty *
P7_TA(2011)0529
European Parliament legislative resolution of 1 December 2011 on the proposal for a Council decision amending Decision 2007/659/EC as regards its period of application and the annual quota benefiting from a reduced rate of excise duty (COM(2011)0577 – C7-0311/2011 – 2011/0248(CNS))
2013/C 165 E/20
(Special legislative procedure – consultation)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2011)0577),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0311/2011),










—


having regard to Rules 55 and 46(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Regional Development (A7-0382/2011),










1.


Approves the Commission proposal;










2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;










3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;










4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Notice of open competition
Date: 2011-12-01
Institutions: European Personnel Selection Office
Subjects: EPSO, accounting, assistant, communications profession, competition (EU), financial management, project management








C_2011350EN.01001201.xml










1.12.2011   


EN


Official Journal of the European Union


C 350/12





NOTICE OF OPEN COMPETITION
2011/C 350/07
The European Personnel Selection Office (EPSO) is organising open competition EPSO/AST/118/11 — ASSISTANTS (AST 3) in the following fields:






1.


Financial Management/Accountancy










2.


Communication










3.


Project Management/Programmes/Contracts.




The competition notice is published in 23 languages in Official Journal C 350 A of 1 December 2011.
Further details can be found on the EPSO website: http://eu-careers.eu
Case C-79/10: Judgment of the Court (Fourth Chamber) of 1 December 2011 (reference for a preliminary ruling from the Bundesfinanzhof, Germany) — Systeme Helmholz GmbH v Hauptzollamt Nürnberg (Directive 2003/96/EC — Taxation of energy products and electricity — Article 14(1)(b) — Exemption of energy products used as fuel for the purpose of air navigation — Use of an aircraft for other than commercial purposes — Scope)
Date: 2011-12-01
Institutions: Court of Justice
Subjects: aviation fuel, energy-generating product, tax relief








C_2012032EN.01000501.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/5





Judgment of the Court (Fourth Chamber) of 1 December 2011 (reference for a preliminary ruling from the Bundesfinanzhof, Germany) — Systeme Helmholz GmbH v Hauptzollamt Nürnberg
(Case C-79/10) (1)

(Directive 2003/96/EC - Taxation of energy products and electricity - Article 14(1)(b) - Exemption of energy products used as fuel for the purpose of air navigation - Use of an aircraft for other than commercial purposes - Scope)
2012/C 32/08
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Systeme Helmholz GmbH

Defendant: Hauptzollamt Nürnberg

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Articles 11(3), 14(1)(b) and 15(1)(j) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51) — Scope of the exemption from taxation provided for in respect of energy products supplied for use as fuel for the purposes of air navigation — National legislation restricting that exemption to air navigation by air carriers — Flights for business and private purposes made using an aircraft belonging to an undertaking which is not an air carrier

Operative part of the judgment







1.


Article 14(1)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity must be interpreted as meaning that the tax exemption on fuel used for the purpose of air navigation, provided for under that provision, cannot apply in the case of a company, such as the applicant in the main proceedings, which, in order to develop its business, uses its own aircraft to transport members of its staff to clients or to trade fairs, in so far as that travel is not directly used for the supply, by that company, of air services for consideration.










2.


Article 15(1)(j) of Directive 2003/96 must be interpreted as meaning that the fuel used for the purpose of flights to and from an aircraft maintenance facility does not fall within the scope of that provision.






(1)  OJ C 113, 1.5.2010.
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: 2011-12-01
Institutions: European Commission
Subjects: Denmark, State aid, aid to agriculture, control of State aid, farming sector, fishing industry, silviculture








C_2011350EN.01000101.xml










1.12.2011   


EN


Official Journal of the European Union


C 350/1





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 350/01







Date of adoption of the decision


11.11.2011




Reference number of State Aid


SA.33699 (11/N)




Member State


Denmark




Region


—


—




Title (and/or name of the beneficiary)


Guarantee scheme




Legal basis


Lov nr. 571 af 1. juli 2002 om Vækstfonden, med senere ændringer, bekendtgørelse nr. 1013 af 17. august 2007 om Vækstfondens virke, samt Aktstykke nr. 1 vedtaget af Finansudvalget den 30. oktober 2009.




Type of measure


Scheme


—




Objective


—




Form of aid


Guarantee




Budget


—




Intensity


—




Duration (period)


1.1.2012-31.12.2012




Economic sectors


Agriculture, forestry and fishing




Name and address of the granting authority







Vækstfonden




Strandvejen 104 A




2900 Hellerup




DANMARK








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
European Parliament legislative resolution of 1 December 2011 on the accession to the European Union of the Republic of Croatia (14409/2011 – C7-0252/2011 – 2011/0805(NLE)) (Consent)
Date: 2011-12-01
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Croatia, accession to the European Union








L_2012112EN.01000501.xml










24.4.2012   


EN


Official Journal of the European Union


L 112/5








            EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
         
of 1 December 2011
         
on the accession to the European Union of the Republic of Croatia (14409/2011 – C7-0252/2011 – 2011/0805(NLE))


(Consent)



The European Parliament,







—


having regard to the application by the Republic of Croatia to become a member of the European Union,










—


having regard to the request for consent submitted by the Council pursuant to Article 49 of the Treaty on European Union (14409/2011 – C7-0252/2011),










—


having regard to the opinion of the Commission (COM(2011) 667),










—


having regard to the draft Treaty concerning the Accession of the Republic of Croatia to the European Union, the Protocol and the Final Act,










—


having regard to Rules 74c and 81 of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A7-0390/2011),










A.


whereas the conditions for the admission of the applicant country and the modifications which its accession entails are set out in the draft Treaty concerning the Accession of the Republic of Croatia to the European Union, and whereas Parliament should be consulted on any substantial modifications to the draft Treaty,










B.


whereas the Commission must monitor further preparations for accession with rigour and objectivity and help the Croatian authorities to fulfil their commitments and obligations as entered into in the negotiations; whereas the Commission must keep Parliament regularly informed of the extent to which the Croatian authorities honour their commitments in order to fully assume their membership obligations upon accession on 1 July 2013,











1.


Consents to the accession to the European Union of the Republic of Croatia;










2.


Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Republic of Croatia.
Case C-617/11 P: Appeal brought on 1 December 2011 by Luigi Marcuccio against the judgment of the General Court (Fourth Chamber) delivered on 14 September 2011 in Case T-236/02 Marcuccio v Commission
Date: 2011-12-01
Institutions: Court of Justice
Subjects: European official, application of EU law, indemnification, interpretation of the law, reassignment, third country








C_2012025EN.01004302.xml










28.1.2012   


EN


Official Journal of the European Union


C 25/43






Appeal brought on 1 December 2011 by Luigi Marcuccio against the judgment of the General Court (Fourth Chamber) delivered on 14 September 2011 in Case T-236/02 Marcuccio v Commission
(Case C-617/11 P)
(2012/C 25/81)
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside the judgment of 14 September 2011 in Case T-236/02 in so far as it rejected the claims seeking compensation and reparation made by the appellant in his written submissions at first instance;










—


Order the Commission to pay the costs and allow in their entirety and without any exception whatsoever the claims seeking compensation and reparation;










—


In the alternative, refer the case back in part to the General Court for a fresh decision on the claims seeking compensation and reparation.





Pleas in law and main arguments







—


Errors of procedure so serious as to damage irreparably the interests of the appellant;










—


total failure to state grounds, as well irrational, tautological, illogical and inconsistent reasoning, and misinterpretation and misapplication of Annex X to the Staff Regulations of Officials of the European Union, of the rules on the interpretation of laws and of the conditions governing the liability of a European Union institution for payment of compensation for damage;










—


confused and arbitrary reasoning and distortion and misrepresentation of the facts;










—


distortion and misrepresentation of the facts and misinterpretation and misapplication of the rules on the admissibility of documents instituting proceedings.
Case C-515/10: Judgment of the Court (Eighth Chamber) of 1 December 2011 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 1999/31/EC — Decision 2003/33/EC — National legislation — Landfill for inert waste — Acceptance of asbestos- cement waste)
Date: 2011-12-01
Institutions: Court of Justice
Subjects: environmental protection, hazardous waste, storage of waste, technical regulations, waste disposal








C_2012032EN.01001102.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/11





Judgment of the Court (Eighth Chamber) of 1 December 2011 — European Commission v French Republic
(Case C-515/10) (1)

(Failure of a Member State to fulfil obligations - Directive 1999/31/EC - Decision 2003/33/EC - National legislation - Landfill for inert waste - Acceptance of asbestos- cement waste)
2012/C 32/19
Language of the case: French

Parties


Applicant: European Commission (represented by: G. Rozet and A. Marghelis, Agents, acting as Agents)

Defendant: French Republic (represented by: G. de Bergues and S. Menez, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Incorrect transposition of Article 2(e), the first subparagraph of Article 3 and Article 6(d) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ 1999 L 182, p. 1) and the provisions of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC (OJ 2002 L 11, p. 27) — National legislation establishing a category of ‘inert and hazardous’ wastes, not in compliance with the directive — Landfill of asbestos-cement waste

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure that asbestos-cement waste is treated in suitable landfills, the French Republic has failed to fulfil its obligations under Article 2(e), the first subparagraph of Article 3 and Article 6(d) of Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste and the provisions of the Annex to Council Decision 2003/33/EC of 19 December 2002 establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31.










2.


Orders the French Republic to pay the costs.






(1)  OJ C 30, 29.1.2011.
Notice concerning the entry into force of the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements
Date: 2011-12-01
Institutions: Council of the European Union
Subjects: Bulgaria, European Economic Area, Romania, exchange of information, interim agreement (EU), signature of an agreement








L_2011318EN.01000101.xml










1.12.2011   


EN


Official Journal of the European Union


L 318/1







Notice concerning the entry into force of the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements

The procedures necessary for the entry into force of the Agreement on the participation of the Republic of Bulgaria and Romania in the European Economic Area and four related agreements (1), signed in Brussels on 25 July 2007, have been completed on 8 November 2011. Consequently, this Agreement has entered into force, in accordance with its Article 6(2), on 9 November 2011.


(1)  
            OJ L 221, 25.8.2007, p. 1.