do-me/EUR-LEX huggingface dataset:
Case C-27/09 P: Judgment of the Court (Grand Chamber) of 21 December 2011 — French Republic v People’s Mojahedin Organization of Iran, Council of the European Union, European Commission (Appeal — Common foreign and security policy — Restrictive measures directed against certain persons and entities with a view to combating terrorism — Common Position 2001/931/CFSC — Regulation (EC) No 2580/2001 — Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union — Rights of the defence)
Date: 2011-12-21
Institutions: Court of Justice
Subjects: economic resources, economic sanctions, international sanctions, terrorism








C_2012049EN.01000201.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/2





Judgment of the Court (Grand Chamber) of 21 December 2011 — French Republic v People’s Mojahedin Organization of Iran, Council of the European Union, European Commission
(Case C-27/09 P) (1)

(Appeal - Common foreign and security policy - Restrictive measures directed against certain persons and entities with a view to combating terrorism - Common Position 2001/931/CFSC - Regulation (EC) No 2580/2001 - Freezing of funds applicable to a group included in a list drawn up, revised and amended by the Council of the European Union - Rights of the defence)
2012/C 49/02
Language of the case: English

Parties


Appellant: French Republic (represented by: E. Belliard and by G. de Bergues and A. Adam, Agents)

Other parties to the proceedings: People’s Mojahedin Organization of Iran (represented by: J.-P. Spitzer, avocat, D. Vaughan QC and M.-E. Demetriou, Barrister), Council of the European Union, European Commission (represented by: S. Boelaert and P. Aalto, Agents)

Re:

Appeal against the judgment of 4 December 2008 of the Court of First Instance (Seventh Chamber) in Case T-284/08 People’s Mojahedin Organization of Iran v Council of the European Union annulling, so far as the People’s Mojahedin Organization of Iran is concerned, Council Decision 2008/583/EC of 15 July 2007 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2007/868/EC (OJ 2008 L 188, p. 21)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 82, 4.4.2009.
Case T-657/11: Action brought on 21 December 2011 — Technion — Israel Institute of Technology and Technion Research & Development v Commission
Date: 2011-12-21
Institutions: General Court
Subjects: audit, economic support, redemption, social-security benefit








C_2012073EN.01002802.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/28





Action brought on 21 December 2011 — Technion — Israel Institute of Technology and Technion Research & Development v Commission
(Case T-657/11)
2012/C 73/56
Language of the case: French

Parties


Applicants: Technion — Israel Institute of Technology (Haifa, Israel) and Technion Research & Development Foundation Ltd (Haifa) (represented by: D. Grisay and D. Piccininno, lawyers)

Defendant(s): European Commission

Form of order sought







—


Admit the present application for annulment based on Article 263 of the Treaty on the Functioning of the European Union;










—


Declare it admissible;










—


Principally, declare the action well founded and annul the decision of the DG ‘Information Society and Media’ of the European Commission of 19 October 2011;










—


Order the European Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.






1.


First plea in law, alleging manifest error of assessment and failure to state sufficient reasons, to the extent that the recovery order of 19 October 2011 is based exclusively on evidence, namely an audit report and decision of the Commission declaring certain costs ineligible on the basis of the conclusions of that audit report relating to the implementation, inter alia, of the MOSAICA contract, which are contested as regards their reasoning and whether they are well founded in Case T-546/11 Technion — Israel Institute of Technology and Technion Research & Development v Commission. (1)











2.


Second plea in law, alleging infringement of the principle of unjust enrichment by the Commission. The applicants submit that:






—


the Commission would be giving itself the benefit of the services under the contract and the results of the research carried out without paying for them if it were to recover the sum claimed covering the entirety of the services provided by the employee of TECHNION, M. K., for the MOSAICA contract;










—


the applicants are entitled to claim a refund of the costs relating to the services provided under the MOSAICA contract;










—


in the event of a refund, the applicants would not only be deprived of an amount corresponding to the services actually provided, but would also have to bear an additional loss since, in addition to having to make the refund, they would have to bear the costs incurred in carrying out the services provided.










(1)  OJ 2011 C 355, p. 28.
Commission Implementing Regulation (EU) No 1370/2011 of 21 December 2011 entering a name in the register of protected designations of origin and protected geographical indications [Горнооряховски суджук (Gornooryahovski sudzhuk) (PGI)]
Date: 2011-12-21
Institutions: European Commission
Subjects: Bulgaria, beef, designation of origin, meat product, product designation








L_2011341EN.01003901.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/39








            COMMISSION IMPLEMENTING REGULATION (EU) No 1370/2011
of 21 December 2011
         
entering a name in the register of protected designations of origin and protected geographical indications [Горнооряховски суджук (Gornooryahovski sudzhuk) (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, Bulgaria’s application to register the name ‘Горнооряховски суджук’ (Gornooryahovski sudzhuk) was published in the Official Journal of the European Union (2).












(2)


A statement of objection was lodged by Cyprus under Article 7(3)(c) of Regulation (EC) No 510/2006.












(3)


By letter dated 31 January 2011, the Commission asked the Parties concerned to seek agreement among them. An agreement was reached within six months and Cyprus withdrew its objection on 22 July 2011.












(4)


The 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 twentieth day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 December 2011.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 77, 26.3.2010, p. 10.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

BULGARIA
Горнооряховски суджук (Gornooryahovski sudzhuk) (PGI)
Euro exchange rates
Date: 2011-12-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2011373EN.01000901.xml










21.12.2011   


EN


Official Journal of the European Union


C 373/9





Euro exchange rates (1)

20 December 2011
2011/C 373/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3074




JPY


Japanese yen


101,88




DKK


Danish krone


7,4338




GBP


Pound sterling


0,83680




SEK


Swedish krona


8,9780




CHF


Swiss franc


1,2192




ISK


Iceland króna


 




NOK


Norwegian krone


7,7080




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,491




HUF


Hungarian forint


300,56




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6969




PLN


Polish zloty


4,4590




RON


Romanian leu


4,3165




TRY


Turkish lira


2,4760




AUD


Australian dollar


1,3082




CAD


Canadian dollar


1,3508




HKD


Hong Kong dollar


10,1751




NZD


New Zealand dollar


1,7139




SGD


Singapore dollar


1,7033




KRW


South Korean won


1 519,17




ZAR


South African rand


10,8132




CNY


Chinese yuan renminbi


8,2914




HRK


Croatian kuna


7,5198




IDR


Indonesian rupiah


11 878,68




MYR


Malaysian ringgit


4,1569




PHP


Philippine peso


57,256




RUB


Russian rouble


41,9600




THB


Thai baht


40,922




BRL


Brazilian real


2,4303




MXN


Mexican peso


18,0685




INR


Indian rupee


69,2600






(1)  Source: reference exchange rate published by the ECB.
Commission Implementing Regulation (EU) No 1369/2011 of 21 December 2011 amending Regulation (EC) No 952/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system
Date: 2011-12-21
Institutions: European Commission
Subjects: common organisation of markets, disclosure of information, information system, market prices, white sugar








L_2011341EN.01003801.xml










22.12.2011   


EN


Official Journal of the European Union


L 341/38








            COMMISSION IMPLEMENTING REGULATION (EU) No 1369/2011
of 21 December 2011
         
amending Regulation (EC) No 952/2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) and in particular Article 192(2), in conjunction with Article 4 thereof,

Whereas:







(1)


After the introduction of the computerised system for transmitting sugar price information for the price recording system pursuant to Article 14 of Commission Regulation (EC) No 952/2006 (2), it is appropriate to increase the frequency at which the Commission submits such information to the Management Committee for the Common Organisation of Agricultural Markets.












(2)


Regulation (EC) No 952/2006 should therefore be amended accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
The first paragraph of Article 14 of Regulation (EC) No 952/2006 is replaced by the following:
‘Each month, the Commission shall inform the Management Committee for the Common Organisation of Agricultural Markets of the average price for white sugar communicated during the month preceding the date of the information.’


Article 2
This Regulation shall enter into force on the third 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, 21 December 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 178, 1.7.2006, p. 39.
Information communicated by Member States regarding closure of fisheries
Date: 2011-12-21
Institutions: European Commission
Subjects: EU waters, United Kingdom, catch by species, catch quota, fishing rights, sea fish








C_2011373EN.01001201.xml










21.12.2011   


EN


Official Journal of the European Union


C 373/12





Information communicated by Member States regarding closure of fisheries
2011/C 373/08
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


13.11.2011




Duration


13.11.2011-31.12.2011




Member State


United Kingdom/GBR




Stock or Group of stocks


BOR/678-




Species


Boarfish (Caproidae)




Zone


EU and international waters of VI, VII and VIII




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case T-648/11: Action brought on 21 December 2011 — Smart Technologies/OHMI (SMART NOTEBOOK)
Date: 2011-12-21
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2012058EN.01001102.xml










25.2.2012   


EN


Official Journal of the European Union


C 58/11





Action brought on 21 December 2011 — Smart Technologies/OHMI (SMART NOTEBOOK)
(Case T-648/11)
2012/C 58/21
Language of the case: English

Parties


Applicant: Smart Technologies ULC (Calgary, Canada) (represented by: M. Edenborough, QC, T. Elias, Barrister, and R. Harrison, Solicitor)

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

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) of 29 September 2011 in case R 942/2011-1;










—


In the alternative, alter the contested decision of the First Board of Appeal to state that the application possesses sufficient distinctive character that no objection to its registration may be raised under Articles 7(1)(b) or (c) of the Regulation; and










—


Order that the costs of the proceedings be borne by the defendant.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘SMART NOTEBOOK’ for goods in class 9 — Community trade mark application No 9049313

Decision of the Examiner: Rejected the Community trade mark application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that the Community trade mark application was devoid of any distinctive character. Further, the applicant submits that the application is not descriptive of the applicant’s goods, rather it has a distinctive character that enables the application to function as an indication of trade origin for the goods in question. In particular the applicant submits that the Board: (a) applied the wrong test when considering whether or not a mark was descriptive of the goods for which registration was sought; (b) failed to consider the fact that the applicant had a family of ‘Smart’ marks, and wrongly confused this issue with the concept of acquired distinctiveness under Article 7(3) of the Regulation; and (c) wrongly dismissed the submission relating to legitimate expectation in the circumstances where the other marks upon which reliance was placed were all owned by the applicant, as opposed to marks owned by third parties.
Case C-28/09: Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 28 EC and 29 EC — Free movement of goods — Measures having equivalent effect to quantitative restrictions on imports and exports — Transport — Directives 96/62/EC and 1999/30/EC — Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods — Air quality — Protection of health and the environment — Principle of proportionality — Consistency)
Date: 2011-12-21
Institutions: Court of Justice
Subjects: commercial vehicle, free movement of goods, reduction of gas emissions








C_2012049EN.01000202.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/2





Judgment of the Court (Grand Chamber) of 21 December 2011 — European Commission v Republic of Austria
(Case C-28/09) (1)

(Failure of a Member State to fulfil obligations - Articles 28 EC and 29 EC - Free movement of goods - Measures having equivalent effect to quantitative restrictions on imports and exports - Transport - Directives 96/62/EC and 1999/30/EC - Sectoral traffic prohibition for lorries of over 7,5 tonnes carrying certain goods - Air quality - Protection of health and the environment - Principle of proportionality - Consistency)
2012/C 49/03
Language of the case: German

Parties


Applicant: European Commission (represented by: P. Oliver, A. Alcover San Pedro and B. Schima, acting as Agents)

Defendant: Republic of Austria (represented by: E. Riedl, G. Eberhard and C. Ranacher, acting as Agents, and L. Schmutzhard and J. Thudium)

Intervening parties in support of the applicant: Italian Republic (represented initially by I. Bruni and subsequently by G. Palmieri, acting as Agents, and G. De Bellis, avvocato dello Stato), Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries and M. Noort, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 28 EC and 29 EC — Prohibition against driving lorries with a total weight of more than 7.5 tonnes, loaded with certain goods, on a section of the A12 ‘Inntalautobahn’ motorway — Justification of that prohibition under Article 30 EC and the Community legislation relating to ambient air quality

Operative part of the judgment

The Court:






1.


Declares that, by prohibiting lorries of over 7.5 tonnes carrying certain goods from using a section of the A 12 motorway in the Inn valley (Austria), the Republic of Austria has failed to fulfil its obligations under Articles 28 EC and 29 EC;










2.


Orders the Republic of Austria to pay the costs;










3.


Orders the Italian Republic and the Kingdom of the Netherlands to bear their own costs.






(1)  OJ C 69, 21.3.2009.
Information communicated by Member States regarding closure of fisheries
Date: 2011-12-21
Institutions: European Commission
Subjects: EU waters, Germany, catch by species, catch quota, fishing rights, sea fish








C_2011373EN.01001101.xml










21.12.2011   


EN


Official Journal of the European Union


C 373/11





Information communicated by Member States regarding closure of fisheries
2011/C 373/07
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


26.11.2011




Duration


26.11.2011-31.12.2011




Member State


Germany




Stock or Group of stocks


HER/5B6ANB




Species


Herring (Clupea harengus)




Zone


EU and international waters of Vb, VIb and VIaN




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.
Case C-320/09 P: Judgment of the Court (Sixth Chamber) of 21 December 2011 — A2A SpA, formerly AEM SpA v European Commission (Appeals — State aid — Aid granted to public utilities — Tax exemptions — Decision declaring the aid scheme incompatible with the common market — Action for annulment — Admissibility — Standing — Legal interest — Article 87 EC — Concept of ‘aid’ — Article 88 EC — Concept of ‘new aid’ — Article 10 EC — Duty of loyal cooperation — Regulation (EC) No 659/1999 — Articles 1 and 14 — Lawfulness of a recovery order — Principle of legal certainty — Duty to state reasons)
Date: 2011-12-21
Institutions: Court of Justice
Subjects: Italy, State aid, company with share capital, control of State aid, corporation tax, tax exemption








C_2012049EN.01000402.xml










18.2.2012   


EN


Official Journal of the European Union


C 49/4





Judgment of the Court (Sixth Chamber) of 21 December 2011 — A2A SpA, formerly AEM SpA v European Commission
(Case C-320/09 P) (1)

(Appeals - State aid - Aid granted to public utilities - Tax exemptions - Decision declaring the aid scheme incompatible with the common market - Action for annulment - Admissibility - Standing - Legal interest - Article 87 EC - Concept of ‘aid’ - Article 88 EC - Concept of ‘new aid’ - Article 10 EC - Duty of loyal cooperation - Regulation (EC) No 659/1999 - Articles 1 and 14 - Lawfulness of a recovery order - Principle of legal certainty - Duty to state reasons)
2012/C 49/07
Language of the case: Italian

Parties


Appellant: A2A SpA, formerly AEM SpA (represented by: A. Santa Maria, A. Giardina and G. Pizzonia, avvocati)

Other party to the proceedings: European Commission (represented by: E. Righini, V. Di Bucci and D. Grespan, Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (now the General Court) (Eighth Chamber, Extended Composition) of 11 June 2009 in Case T-301/02 AEM v Commission by which the General Court dismissed the action brought for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the main appeal and the cross-appeal.










2.


Orders A2A SpA to pay the costs of the main appeal.










3.


Orders the European Commission to pay the costs of the cross-appeal.






(1)  OJ C 267, 7.11.2009.
Notice of the expiry of certain anti-dumping measures
Date: 2011-12-21
Institutions: European Commission
Subjects: Algeria, Belarus, Russia, Ukraine, anti-dumping duty, chemical fertiliser, import (EU), originating product








C_2011373EN.01002301.xml










21.12.2011   


EN


Official Journal of the European Union


C 373/23





Notice of the expiry of certain anti-dumping measures
2011/C 373/11
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with 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 (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Solutions of urea and ammonium nitrate


Algeria
Belarus
Russia
Ukraine


Anti-dumping duty


Council Regulation (EC) No 1911/2006 (OJ L 365, 21.12.2006, p. 26) as amended by Council Regulation (EC) No 789/2008 (OJ L 213, 8.8.2008, p. 14) and as last amended by Council Implementing Regulation (EU) No 1251/2009 (OJ L 338, 19.12.2009, p. 5)


22.12.2011




Undertaking


Commission Decision 2008/649/EC (OJ L 213, 8.8.2008, p. 39)






(1)  OJ C 64, 1.3.2011, p. 11.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.