do-me/EUR-LEX huggingface dataset:
Case T-422/07: Judgment of the General Court (Second Chamber) of 18 January 2012 — Djebel — SGPS v Commission (State aid — Aid scheme designed to promote modern and competitive entrepreneurial strategies — Planned aid for a commercial company in the form of a soft loan in order to help finance an investment by that company in Brazil — Decision declaring aid to be incompatible with the common market — Obligation to state reasons — Impairment of competition — Effect on trade between Member States — Equal treatment)
Date: 2012-01-18
Institutions: General Court
Subjects: Brazil, Portugal, State aid, aid to undertakings, common market, competition, equal treatment, innovation, interest rate subsidy, intra-EU trade, investment abroad








C_2012058EN.01000702.xml










25.2.2012   


EN


Official Journal of the European Union


C 58/7





Judgment of the General Court (Second Chamber) of 18 January 2012 — Djebel — SGPS v Commission
(Case T-422/07) (1)

(State aid - Aid scheme designed to promote modern and competitive entrepreneurial strategies - Planned aid for a commercial company in the form of a soft loan in order to help finance an investment by that company in Brazil - Decision declaring aid to be incompatible with the common market - Obligation to state reasons - Impairment of competition - Effect on trade between Member States - Equal treatment)
2012/C 58/11
Language of the case: Portuguese

Parties


Applicant: Djebel — SGPS SA (Funchal, Portugal) (represented by: M. Andrade Neves and S. Castro Caldeira, lawyers)

Defendant: European Commission (represented by: M. Afonso and B. Martenczuk, Agents)

Re:

Action for annulment of Commission Decision 2007/582/EC of 10 May 2007 on State aid C 4/2006 (ex N 180/2005) — Portugal — Aid to Djebel (OJ 2007 L 219, p. 30).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Djebel — SGPS, SA to bear its own costs and to pay those of the European Commission.






(1)  OJ C 64, 8.3.2008.
Non-opposition to a notified concentration (Case COMP/M.6267 — Volkswagen/MAN)  Text with EEA relevance
Date: 2012-01-18
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2012015EN.01000101.xml










18.1.2012   


EN


Official Journal of the European Union


C 15/1





Non-opposition to a notified concentration
(Case COMP/M.6267 — Volkswagen/MAN)
(Text with EEA relevance)
2012/C 15/01
On 26 September 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6267. EUR-Lex is the on-line access to the European law.
Glitnir hf — Announcement of additional business to be considered at Creditors Meeting
Date: 2012-01-18
Institutions: Iceland
Subjects: Iceland, branch of activity, business management, claim, liquidation








C_2012015EN.01000501.xml










18.1.2012   


EN


Official Journal of the European Union


C 15/5





Glitnir hf — Announcement of additional business to be considered at Creditors Meeting
2012/C 15/04
A meeting has been convened of creditors of Glitnir hf, Regulation No 550500-3530, of Sóltún 26, Reykjavík, Iceland on Tuesday, 31 January 2012, at 10:00 am at Grand Hótel Reykjavík, Sigtúni 38, Reykjavík, Iceland. This meeting of creditors was convened at the preceding meeting of creditors of Glitnir hf held on 31 August 2011.
In addition to the ordinary business of the meeting to be held on 31 January 2012, the meeting of creditors will consider a proposal for payment of a distribution to priority creditors in the winding-up proceedings of Glitnir hf. A letter giving information about the proposal is being mailed to all creditors. Further information about the proposed distribution has been posted on the restricted creditors’ area of Glitnir's website http://www.glitnirbank.com
Should no objections be raised to the proposed distribution to priority creditors by the close of the above-mentioned meeting on 31 January 2012, the priority creditors may expect payment to be made in accordance with this proposal by 29 February 2012. The payments will constitute final payment to the creditors concerned, whether payment is made to the creditor in question directly or to escrow accounts.
According to the second paragraph of Article 128 of the Icelandic Act on Bankruptcy etc., No 21/1991, a creditor loses the right to present objections to the proposed distribution if the creditor does not submit such objections at the latest by the close of the above-mentioned meeting. Should no objections be made to this proposal by that time, the proposed distribution will be considered to be finally approved.
All creditors holding claims against Glitnir hf are entitled to attend the meeting. Further information is available on Glitnir's website http://www.glitnirbank.com



For the Winding-up Board of Glitnir hf

Steinunn GUðBJARTSDÓTTIR, Supreme Court Attorney

Páll EIRÍKSSON, District Court Attorney
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multiannual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock’ COM(2011) 760 final — 2011/0345 COD
Date: 2012-01-18
Institutions: European Economic and Social Committee
Subjects: Atlantic Ocean, Scotland, authorised catch, catch quota, fishing industry, fishing rights, sea fish








C_2012068EN.01007401.xml










6.3.2012   


EN


Official Journal of the European Union


C 68/74





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multiannual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock’
COM(2011) 760 final — 2011/0345 COD
2012/C 68/14
On 30 November 2011 the European Parliament and on 13 December 2011 the Council decided to consult the European Economic and Social Committee, under Article 43, paragraph 2 of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation Directive of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock

COM(2011) 760 final — 2011/0343 COD.
Since the Committee endorses the content of the proposal, it decided, at its 477th plenary session of 18 and 19 January 2012 (meeting of 18 January 2012), by 171 votes with 14 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 18 January 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Case T-304/09: Judgment of the General Court of 18 January 2012 — Tilda Riceland Private v OHIM — Siam Grains (BASMALI) (Community trade mark — Opposition proceedings — Application for Community figurative mark BASmALI — Earlier non-registered trade mark and earlier sign BASMATI — Relative ground for refusal — Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))
Date: 2012-01-18
Institutions: General Court
Subjects: EU trade mark, registered trade mark, rice, trade-mark law








C_2012058EN.01000703.xml










25.2.2012   


EN


Official Journal of the European Union


C 58/7





Judgment of the General Court of 18 January 2012 — Tilda Riceland Private v OHIM — Siam Grains (BASMALI)
(Case T-304/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BASmALI - Earlier non-registered trade mark and earlier sign BASMATI - Relative ground for refusal - Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009))
2012/C 58/12
Language of the case: English

Parties


Applicant: Tilda Riceland Private Ltd (Gurgaon, India) (represented by: S. Malynicz, Barrister, N. Urwin and D. Sills, Solicitors)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Siam Grains Co. Ltd (Bangkok, Thailand) (represented by: C. Thomas-Raquin, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 March 2009 (Case R 513/2008-1) relating to opposition proceedings between Tilda Riceland Private Ltd and Siam Grains Co. Ltd.

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 19 March 2009 (Case R 513/2008-1);










2.


Orders OHIM to bear its own costs and to pay two thirds of the costs incurred by Tilda Riceland Private Ltd;










3.


Orders Siam Grains Co. Ltd to bear its own costs and to pay one third of the costs incurred by Tilda Riceland Private Ltd.






(1)  OJ C 244, 10.10.2009.
Numerical strength of the standing committees European Parliament decision of 18 January 2012 on the numerical strength of the standing committees
Date: 2012-01-18
Institutions: European Parliament
Subjects: composition of a parliamentary committee, institutional structure, operation of the Institutions, standing committee








CE2013227EN.01003501.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/35





Wednesday 18 January 2012Numerical strength of the standing committees
P7_TA(2012)0001
European Parliament decision of 18 January 2012 on the numerical strength of the standing committees
(2013/C 227 E/08)

The European Parliament,







—


having regard to the proposal by the Conference of Presidents,










—


having regard to its decisions of 15 July 2009 (1) and 14 December 2011 (2) on the numerical strength of standing committees,










—


having regard to Rule 183 of its Rules of Procedure,










1.


Decides to amend the number of members of parliamentary committees as follows:






 


Committee on Foreign Affairs: 76 members










 


Committee on Development: 30 members










 


Committee on International Trade: 31 members










 


Committee on Budgets: 43 members










 


Committee on Budgetary Control: 30 members










 


Committee on Economic and Monetary Affairs: 48 members










 


Committee on Employment and Social Affairs: 49 members










 


Committee on the Environment, Public Health and Food Safety: 69 members










 


Committee on Industry, Research and Energy: 61 members










 


Committee on the Internal Market and Consumer Protection: 41 members










 


Committee on Transport and Tourism: 47 members










 


Committee on Regional Development: 50 members










 


Committee on Agriculture and Rural Development: 44 members










 


Committee on Fisheries: 25 members










 


Committee on Culture and Education: 31 members










 


Committee on Legal Affairs: 25 members










 


Committee on Civil Liberties, Justice and Home Affairs: 60 members










 


Committee on Constitutional Affairs: 24 members










 


Committee on Women’s Rights and Gender Equality: 35 members










 


Committee on Petitions: 35 members,




and to amend the number of members of parliamentary subcommittees as follows:






 


Subcommittee on Human Rights: 31 members










 


Subcommittee on Security and Defence: 31 members;














2.


Decides, with reference to the decision of the Conference of Presidents of 9 July 2009 relating to the composition of Committee Bureaux, that the Committee Bureaux may include up to four vice-chairs;










3.


Instructs its President to forward this decision to the Council and Commission, for information.






(1)  OJ C 224 E, 19.8.2010, p. 34.

(2)  Texts adopted, P7_TA(2011)0570.
Case C-26/12: Reference for a preliminary ruling from the Gerechtshof te Leeuwarden (Netherlands), lodged on 18 January 2012 — fiscale eenheid PPG Holdings BV c.s. v Inspecteur van de Belastingdienst/Noord/kantoor Groningen
Date: 2012-01-18
Institutions: Court of Justice
Subjects: interpretation of the law, investment company, provision of services, supplementary pension








C_2012098EN.01001601.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/16





Reference for a preliminary ruling from the Gerechtshof te Leeuwarden (Netherlands), lodged on 18 January 2012 — fiscale eenheid PPG Holdings BV c.s. v Inspecteur van de Belastingdienst/Noord/kantoor Groningen
(Case C-26/12)
2012/C 98/24
Language of the case: Dutch

Referring court

Gerechtshof te Leeuwarden (Netherlands)

Parties to the main proceedings


Appellant: fiscale eenheid PPG Holdings BV c.s.

Respondent: Inspecteur van de Belastingdienst/Noord/kantoor Groningen

Questions referred







1.


Can a taxable person who, pursuant to national pensions legislation, has established a separate pension fund for the purpose of safeguarding the pension rights of his employees and former employees, as participants in the fund, deduct the tax which he [has paid] on the basis of services supplied to him in respect of the implementation of the pension provision and the operation of the pension fund, pursuant to Article 17 of Directive 77/388/EEC (1) (Articles 168 and 169 of Directive 2006/112/EC (2))?










2.


Can a pension fund, established with the objective of providing a pension for the participants in the pension fund at the lowest possible cost, where assets are brought to and invested in the pension fund by or on behalf of the participants, and where the resulting proceeds are shared, be classified as a ‘special investment fund’ within the terms of Article 13B[(d)].6 of Directive 77/388/EEC (Article 135(1)(g) of Directive 2006/112/EC)?






(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).

(2)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Case T-362/11: Order of the General Court of 18 January 2012 — Stichting Greenpeace Nederland and PAN Europe v Commission
Date: 2012-01-18
Institutions: General Court
Subjects: access to information, administrative procedure, infringement of EU law, offence, pollution control measures








C_2012080EN.01002604.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/26





Order of the General Court of 18 January 2012 — Stichting Greenpeace Nederland and PAN Europe v Commission
(Case T-362/11) (1)

2012/C 80/47
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 252, 27.8.2011.
Prior notification of a concentration (Case COMP/M.6474 — GE/Microsoft/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-01-18
Institutions: European Commission
Subjects: economic concentration, energy industry, exchange of information, health care, information technology industry, medical data, merger control, transport market








C_2012015EN.01001001.xml










18.1.2012   


EN


Official Journal of the European Union


C 15/10





Prior notification of a concentration
(Case COMP/M.6474 — GE/Microsoft/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 15/08






1.


On 11 January 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings General Electric Company (‘GE’, United States) and Microsoft Corporation (‘Microsoft’, United States) 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’, United States) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for GE: the operation of various global businesses in the area of energy, healthcare, aviation, transportation, capital and home & business solutions,










—


for Microsoft: the design, development, and supply of computer software and supply of related services on a worldwide basis,










—


for the JV: the creation of an extensible health intelligence platform that collects, processes, analyses and transfers relevant medical data whilst at the same time offering advanced front-end analytical tools to assist doctors and physicians.














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.6474 — GE/Microsoft/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’).
Call for proposals under the work programme ‘People’ of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2012-01-18
Institutions: European Commission
Subjects: European cooperation, Framework Programme for Research and Development, innovation, scientific cooperation








C_2012015EN.01000801.xml










18.1.2012   


EN


Official Journal of the European Union


C 15/8





Call for proposals under the work programme ‘People’ of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
2012/C 15/06
Notice is hereby given of the launch of a call for proposals under the work programme ‘People’ of the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following call concerning transnational cooperation among EURAXESS Members on topics related to the Innovation Union. The call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ specific programme:







Call identifier:


FP7-PEOPLE-2012-EURAXESS-IU





This call for proposals relates to the work programme adopted by Commission Decision C(2011) 5033 of 19 July 2011.

Information on the modalities of the call, the work programme, and the guidance for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/
Case T-300/11: Order of the General Court of 18 January 2012 — Otto v OHIM — Nalsani (TOTTO)
Date: 2012-01-18
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012080EN.01002603.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/26





Order of the General Court of 18 January 2012 — Otto v OHIM — Nalsani (TOTTO)
(Case T-300/11) (1)

2012/C 80/46
Language of the case: Spanish
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 238, 13.8.2011.
Case C-24/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 January 2012 — X BV, other party: Staatssecretaris van Financiën
Date: 2012-01-18
Institutions: Court of Justice
Subjects: EU Member State, Netherlands, capital movement, interpretation of the law, overseas countries and territories, tax exemption








C_2012098EN.01001501.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/15





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 18 January 2012 — X BV, other party: Staatssecretaris van Financiën
(Case C-24/12)
2012/C 98/23
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden (Netherlands)

Parties to the main proceedings


Appellant: X BV

Respondent: Staatssecretaris van Financiën

Questions referred







1.


For the purposes of Article 56 EC (now Article 63 TFEU), can an own OCT be regarded as a third State, in which case it would be possible to rely on Article 56 EC in respect of the movement of capital between a Member State and the own OCT?










2.








(a)


If question 1 is answered in the affirmative, is it necessary in order to determine whether, for the purposes of Article 57(1) EC (now Article 64(1) TFEU), there has been an increase, for account to be taken in the present case — in which the withholding tax on participation dividends paid by a subsidiary company established in the Netherlands to its holding company established in the Netherlands Antilles was increased from the 1993 rate of 7,5 or 5 % to 8,3% as from 1 January 2002 — exclusively of the increase in the Netherlands withholding tax, or must account also be taken of the fact that, as from 1 January 2002, the Netherlands Antillean authorities have — in conjunction with the increase in the Netherlands withholding tax — granted an exemption in respect of participation dividends received from a subsidiary company established in the Netherlands, whereas previously those dividends formed part of profits taxed at a rate of 2,4 to 3 % or 5 %?










(b)


If account must also be taken of the tax reduction in the Netherlands Antilles effected by the introduction of the participation exemption referred to in question 2(a) above, should Netherlands Antillean implementation arrangements (in the present case: Netherlands Antillean rulings practice), the result of which may have been that prior to 1 January 2002 — including in 1993 — the actual tax liability in respect of dividends received from the/a subsidiary company established in the Netherlands was substantially lower than 8,3%, also be taken into consideration?