do-me/EUR-LEX huggingface dataset:
2011/815/CFSP: Political and Security Committee Decision EUTM Somalia/1/2011 of 6 December 2011 on the acceptance of third States’ contributions to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)
Date: 2011-12-06
Institutions: Political and Security Committee
Subjects: EU military mission, European cooperation, Serbia, Somalia, military training, paramilitary force








L_2011324EN.01003601.xml










7.12.2011   


EN


Official Journal of the European Union


L 324/36








            POLITICAL AND SECURITY COMMITTEE DECISION EUTM SOMALIA/1/2011
of 6 December 2011
         
on the acceptance of third States’ contributions to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)
(2011/815/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 38 thereof,


Having regard to Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1) (EUTM Somalia), and in particular Article 8(2) thereof,

Whereas:







(1)


The Commander of EUTM Somalia held Force Generation and Manning Conferences on 17 November 2008, 16 December 2008 and 19 March 2009.












(2)


Following recommendations on a contribution from Serbia to EUTM Somalia by the EU Mission Commander and the EU Military Committee (EUMC), the contribution from Serbia should be accepted.












(3)


In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not, therefore, participate in the implementation of this Decision and in the financing of EUTM Somalia,





HAS ADOPTED THIS DECISION:



Article 1

Third States’ contributions

Taking into account the findings of the Force Generation and Manning Conferences of 17 November 2008, 16 December 2008 and 19 March 2009 and the recommendations by the EU Mission Commander and the EUMC, the contribution from Serbia to the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) shall be accepted.


Article 2

Entry into force

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




Done at Brussels, 6 December 2011.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 44, 19.2.2010, p. 16.
Case C-329/11: Judgment of the Court (Grand Chamber) of 6 December 2011 (reference for a preliminary ruling from the Cour d’appel de Paris (France)) — Alexandre Achughbabian v Préfet du Val-de-Marne (Area of freedom, security and justice — Directive 2008/115/EC — Common standards and procedures for returning illegally staying third-country nationals — National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine)
Date: 2011-12-06
Institutions: Court of Justice
Subjects: imprisonment, removal, residence permit, right of asylum, surveillance








C_2012032EN.01001201.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/12





Judgment of the Court (Grand Chamber) of 6 December 2011 (reference for a preliminary ruling from the Cour d’appel de Paris (France)) — Alexandre Achughbabian v Préfet du Val-de-Marne
(Case C-329/11) (1)

(Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation making provision, in the event of illegal staying, for a sentence of imprisonment and a fine)
2012/C 32/20
Language of the case: French

Referring court

Cour d’appel de Paris

Parties to the main proceedings


Applicant: Alexandre Achughbabian

Defendant: Préfet du Val-de-Marne

Re:

Reference for a preliminary ruling — Cour d'appel de Paris — Interpretation of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ 2008 L 348, p. 98) — Compatibility of national legislation providing for the imposition of a penalty of imprisonment on a third-country national on the sole ground of his illegal entry or residence in national territory — Detention for the purposes of deportation — Possible illegal detention

Operative part of the judgment

Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as






—


precluding legislation of a Member State repressing illegal stays by criminal sanctions, in so far as that legislation permits the imprisonment of a third-country national who, though staying illegally in the territory of the said Member State and not being willing to leave that territory voluntarily, has not been subject to the coercive measures referred to in Article 8 of that directive and has not, in the event of placing in detention with a view to the preparation and implementation of his removal, reached the expiry of the maximum duration of that detention; and










—


not precluding such legislation in so far as the latter permits the imprisonment of a third-country national to whom the return procedure established by the said directive has been applied and who is staying illegally in that territory with no justified ground for non-return.






(1)  OJ C 298, 8.10.2011.
Case T-630/11 P: Appeal brought on 6 December 2011 by Peter Strobl against the judgment of the Civil Service Tribunal of 29 September 2011 in Case F-56/05 Strobl v Commission
Date: 2011-12-06
Institutions: General Court
Subjects: equal treatment, professional experience, working conditions








C_2012049EN.01002802.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/28





Appeal brought on 6 December 2011 by Peter Strobl against the judgment of the Civil Service Tribunal of 29 September 2011 in Case F-56/05 Strobl v Commission
(Case T-630/11 P)
2012/C 49/51
Language of the case: German

Parties


Appellant: Peter Strobl (Besozzo, Italy) (represented by H.-J. Rüber, lawyer)

Other parties to the proceedings: European Commission, Council of the European Union

Form of order sought by the appellant







—


Set aside the judgment of the Civil Service Tribunal of 29 September 2011 in Strobl v Commission;










—


declare the defendant’s grading decision in [Mr Strobl’s] appointment of 7 October 2004 incorrect and annul it;










—


order the defendant to cease to discriminate against Mr Strobl and to compensate him for the disadvantage suffered;










—


order the defendant to pay the costs of the entire proceedings.





Pleas in law and main arguments

In support of his appeal, the appellant relies on the following pleas in law.






1.


Incorrect findings of fact by the Civil Service Tribunal with regard to the professional experience required for the appellant’s post.










2.


Incorrect findings of fact by the Civil Service Tribunal and contradictory interpretation of the evidence with regard to the grading of the appellant and, to that extent, infringement of the obligation to state the reasons on which a decision is based.










3.


Infringement by the Civil Service Tribunal of the obligation to state reasons in relation to its rejection of a number of the appellant’s complaints.










4.


Infringement by the Civil Service Tribunal of the obligation to state reasons with regard to the review of the appellant’s step in grade.










5.


Failure on the part of the Civil Service Tribunal to state reasons with regard to the applicability of the relevant case-law.
Case C-624/11 P: Appeal brought on 6 December 2011 by Brighton Collectibles, Inc. against the judgment of the General Court (Second Chamber) delivered on 27 September 2011 in Case T-403/10 Brighton Collectibles v OHIM — Felmar
Date: 2011-12-06
Institutions: Court of Justice
Subjects: EU trade mark, miscellaneous industries, registered trade mark, trade-mark law








C_2012133EN.01001501.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/15





Appeal brought on 6 December 2011 by Brighton Collectibles, Inc. against the judgment of the General Court (Second Chamber) delivered on 27 September 2011 in Case T-403/10 Brighton Collectibles v OHIM — Felmar
(Case C-624/11 P)
2012/C 133/27
Language of the case: French

Parties


Appellant: Brighton Collectibles, Inc. (represented by: J. Horn, avocat)

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

Form of order sought







—


Set aside the judgment of the General Court in Case T-403/10;










—


Order OHIM to bear its own costs and those of the appellant;










—


Order Felmar to bear its own costs if it intervenes in the proceedings.





Pleas in law and main arguments

By the present appeal, the appellant claims that the General Court failed to make a valid assessment of the evidence the appellant submitted to it and failed to give sufficient reasons for its decision with regard to the national laws relied upon, in particular, Irish and UK case-law relating to passing off. Consequently, the General Court infringed the provisions of Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. (1)



(1)  OJ 2009 L 78, p. 1.
Prior notification of a concentration (Case COMP/M.6381 — Google/Motorola Mobility)  Text with EEA relevance
Date: 2011-12-06
Institutions: European Commission
Subjects: Internet, economic concentration, merger control, telecommunications industry








C_2011356EN.01001801.xml










6.12.2011   


EN


Official Journal of the European Union


C 356/18





Prior notification of a concentration
(Case COMP/M.6381 — Google/Motorola Mobility)
(Text with EEA relevance)
2011/C 356/06






1.


On 25 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Google Inc. (‘Google’, USA), acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control over Motorola Mobility Holdings, Inc. (‘Motorola Mobility’, USA) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Google: provider of internet search and online advertising as well as of a number of additional online services and software products including the Android open source mobile software platform,










—


for Motorola Mobility: supplier of mobile devices, TV set-top boxes, end-to-end video solutions and cable broadband access solutions.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6381 — Google/Motorola Mobility, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Prior notification of a concentration (Case COMP/M.6402 — REWE/SAG/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-12-06
Institutions: European Commission
Subjects: economic concentration, energy supply, food industry, merger control, telecommunications industry, vehicle rental








C_2011356EN.01001901.xml










6.12.2011   


EN


Official Journal of the European Union


C 356/19





Prior notification of a concentration
(Case COMP/M.6402 — REWE/SAG/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2011/C 356/07






1.


On 28 November 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the REWE International Dienstleistungsgesellschaft m.b.H. (‘REWE’, Austria), a subsidiary of the REWE International AG, and Salzburg AG für Energie, Verkehr und Telekommunikation (‘SAG’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’).










2.


The business activities of the undertakings concerned are:






—


REWE: food retail and wholesales, retail drugstores, travel agency and organization,










—


SAG: electricity, gas, district heating, water, transport, telecommunication, cable-tv, internet and telephony in the region of Salzburg; and,










—


JV: renting of electric vehicles in Salzburg.














3.


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










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6402 — REWE/SAG/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case F-85/11: Order of the Civil Service Tribunal (Third Chamber) of 6 December 2011 — Wendelboe v Commission (Civil service — Officials — Preliminary issues — Objection of inadmissibility — Refusal to promote an official — Transfer between institutions during the promotion year in which the official would have been promoted in his institution of origin — Complaint — Delay — Inadmissibility)
Date: 2011-12-06
Institutions: Civil Service Tribunal
Subjects: assistant, interinstitutional relations (EU), promotion








C_2012138EN.01003201.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/32






Order of the Civil Service Tribunal (Third Chamber) of 6 December 2011 — Wendelboe v Commission
(Case F-85/11) (1)

(Civil service - Officials - Preliminary issues - Objection of inadmissibility - Refusal to promote an official - Transfer between institutions during the promotion year in which the official would have been promoted in his institution of origin - Complaint - Delay - Inadmissibility)
(2012/C 138/72)
Language of the case: French

Parties


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

Defendant: European Commission (represented by: G. Bercheid and C. Berardis-Kayser, Agents)

Re:

Action for annulment of the Commission’s decision not to promote the applicant to grade AST 5 from 1 March 2009 in the 2009 promotion year.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Ms Wendelboe shall bear all the costs.






(1)  OJ C 340, 19.11.2011, p. 42.
Notice of the impending expiry of certain anti-dumping measures
Date: 2011-12-06
Institutions: European Commission
Subjects: China, Taiwan, United States, anti-dumping measure, chemical salt, import (EU)








C_2011356EN.01001701.xml










6.12.2011   


EN


Official Journal of the European Union


C 356/17





Notice of the impending expiry of certain anti-dumping measures
2011/C 356/05
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Peroxosulphates
(persulphates)


United States of America
People's Republic of China
Taiwan


Anti-dumping duty


Council Regulation (EC) No 1184/2007 (OJ L 265, 11.10.2007, p. 1)


12.10.2012






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.
Case C-627/11: Reference for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 6 December 2011 — S.C. ‘Augustus’ Srl Iași v Agenția de Plăți pentru Dezvoltare Rurală și Pescuit
Date: 2011-12-06
Institutions: Court of Justice
Subjects: Romania, interpretation of the law, natural disaster, pre-accession aid








C_2012065EN.01000501.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/5





Reference for a preliminary ruling from the Înalta Curte de Casație și Justiție (Romania) lodged on 6 December 2011 — S.C. ‘Augustus’ Srl Iași v Agenția de Plăți pentru Dezvoltare Rurală și Pescuit
(Case C-627/11)
2012/C 65/09
Language of the case: Romanian

Referring court

Înalta Curte de Casație și Justiție

Parties to the main proceedings


Applicant: S.C. ‘Augustus’ Srl Iași

Defendant: Agenția de Plăți pentru Dezvoltare Rurală și Pescuit

Question referred

Are Council Regulations No 1260/1999 (1) and No 1268/1999 (2) to be interpreted as meaning that the business activity engaged in by the beneficiaries of the SAPARD funds granted in the period preceding the accession of Romania to the European Union must be conducted in compliance with the conditions for the grant of those funds, in accordance with the principle of the economic efficiency and profitability of the beneficiary, given also the specific circumstances relied upon, namely the natural disasters which occurred in the area?


(1)  Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

(2)  Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre- accession period (OJ 1999 L 161, p. 87).
Euro exchange rates
Date: 2011-12-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2011356EN.01001101.xml










6.12.2011   


EN


Official Journal of the European Union


C 356/11





Euro exchange rates (1)

5 December 2011
2011/C 356/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3442




JPY


Japanese yen


104,81




DKK


Danish krone


7,4353




GBP


Pound sterling


0,85925




SEK


Swedish krona


9,0460




CHF


Swiss franc


1,2379




ISK


Iceland króna


 




NOK


Norwegian krone


7,7260




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,146




HUF


Hungarian forint


299,98




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6978




PLN


Polish zloty


4,4687




RON


Romanian leu


4,3542




TRY


Turkish lira


2,4585




AUD


Australian dollar


1,3072




CAD


Canadian dollar


1,3644




HKD


Hong Kong dollar


10,4454




NZD


New Zealand dollar


1,7191




SGD


Singapore dollar


1,7229




KRW


South Korean won


1 515,69




ZAR


South African rand


10,7501




CNY


Chinese yuan renminbi


8,5310




HRK


Croatian kuna


7,5140




IDR


Indonesian rupiah


12 142,16




MYR


Malaysian ringgit


4,2080




PHP


Philippine peso


58,158




RUB


Russian rouble


41,5400




THB


Thai baht


41,401




BRL


Brazilian real


2,3957




MXN


Mexican peso


18,1214




INR


Indian rupee


69,0580






(1)  Source: reference exchange rate published by the ECB.
Case T-631/11: Action brought on 6 December 2011 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)
Date: 2011-12-06
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012032EN.01003902.xml










4.2.2012   


EN


Official Journal of the European Union


C 32/39





Action brought on 6 December 2011 — Caventa v OHIM — Anson’s Herrenhaus (B BERG)
(Case T-631/11)
2012/C 32/78
Language in which the application was lodged: German

Parties


Applicant: Caventa AG (Rekingen, Switzerland) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: Anson’s Herrenhaus KG (Düsseldorf, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 15 September 2011 in Case R 2014/2010-1;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Caventa AG.

Community trade mark concerned: Figurative mark containing the word element ‘B BERG’ for goods in Classes 25 and 28.

Proprietor of the mark or sign cited in the opposition proceedings: Anson’s Herrenhaus KG.

Mark or sign cited in opposition: Word mark ‘Christian Berg’ for goods and services in Classes 3, 18, 25 and 35.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was upheld and registration refused.

Pleas in law: There is no similarity between the goods at issue and no likelihood of confusion of the signs at issue.