do-me/EUR-LEX huggingface dataset:
Case C-496/10: Order of the Court (Sixth Chamber) of 19 January 2012 — (reference for a preliminary ruling from the Ufficio del Giudice di Pace di Venafro — Italy) — Criminal proceedings against Aldo Patriciello (Article 104(3), first subparagraph of the Rules of Procedure — Member of the European Parliament — Protocol on Privileges and Immunities — Article 8 — Criminal proceedings for the offence of insulting behaviour — Statements made outside the precincts of the European Parliament — Definition of expression of an opinion in the performance of parliamentary duties — Immunity — Conditions)
Date: 2012-01-19
Institutions: Court of Justice
Subjects: Italy, Member of the European Parliament, defamation, parliamentary immunity, public prosecution








C_2012109EN.01000202.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/2





Order of the Court (Sixth Chamber) of 19 January 2012 — (reference for a preliminary ruling from the Ufficio del Giudice di Pace di Venafro — Italy) — Criminal proceedings against Aldo Patriciello
(Case C-496/10) (1)

(Article 104(3), first subparagraph of the Rules of Procedure - Member of the European Parliament - Protocol on Privileges and Immunities - Article 8 - Criminal proceedings for the offence of insulting behaviour - Statements made outside the precincts of the European Parliament - Definition of expression of an opinion in the performance of parliamentary duties - Immunity - Conditions)
2012/C 109/03
Language of the case: Italian

Referring court

Ufficio del Giudice di Pace di Venafro

Criminal proceedings against

Aldo Patriciello

Re:

Reference for a preliminary ruling — Ufficio del Giudice di Pace di Venafro — Interpretation of Articles 9 and 10 of the Protocol on the Privileges and Immunities of the European Communities (OJ 1967 152, p. 13) — Member of the European Parliament charged with the offence of insulting behaviour in consequence of his making false accusations against a representative of the forces of order — Definition of expression of an opinion in the performance of parliamentary duties.

Operative part of the order

Article 8 of the Protocol on the privileges and immunities of the European Union, annexed to the EU, FEU and EAEC Treaties, must be interpreted to the effect that a statement made by a Member of the European Parliament beyond the precincts of that institution and giving rise to prosecution in his Member State of origin for the offence of insulting behaviour, does not constitute an opinion expressed in the performance of his parliamentary duties covered by the immunity afforded by that provision unless that statement amounts to a subjective appraisal having a direct, obvious connection with the performance of those duties. It is for the court making the reference to determine whether those conditions have been satisfied in the case in the main proceedings.


(1)  OJ C 346, 18.12.2010
Pedestrian safety and light emitting diodes (LEDs) *** European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the position of the European Union in relation to the draft Regulation of the United Nations Economic Commission for Europe on pedestrian safety and to the draft Regulation of the United Nations Economic Commission for Europe concerning Light Emitting Diode (LED) light sources (13895/2011 – C7-0302/2011 – 2011/0188(NLE))
Date: 2012-01-19
Institutions: Committee on International Trade, European Parliament
Subjects: UN regional commission, approval, motor vehicle, pedestrian, road safety, signalling device, technical rule








CE2013227EN.01003902.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/39





Thursday 19 January 2012Pedestrian safety and light emitting diodes (LEDs) ***
P7_TA(2012)0006
European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the position of the European Union in relation to the draft Regulation of the United Nations Economic Commission for Europe on pedestrian safety and to the draft Regulation of the United Nations Economic Commission for Europe concerning Light Emitting Diode (LED) light sources (13895/2011 – C7-0302/2011 – 2011/0188(NLE))
(2013/C 227 E/12)
(Consent)

The European Parliament,






—


having regard to the draft Council decision (13895/2011),










—


having regard to the request for consent submitted by the Council in accordance with the second indent of Article 4(2) of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement.’) (1) (C7-0302/2011),










—


having regard to Rule 81 of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0004/2012),










1.


Consents to the draft Council decision;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.






(1)  OJ L 346, 17.12.1997, p. 78.
Agreement on certain aspects of air services between the European Union and the Republic of Indonesia *** European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of an Agreement between the European Union and the Government of the Republic of Indonesia on certain aspects of air services (13238/2011 – C7-0242/2011 – 2010/0132(NLE))
Date: 2012-01-19
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: Indonesia, agreement (EU), air transport, ratification of an agreement








CE2013227EN.01004001.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/40





Thursday 19 January 2012Agreement on certain aspects of air services between the European Union and the Republic of Indonesia ***
P7_TA(2012)0007
European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of an Agreement between the European Union and the Government of the Republic of Indonesia on certain aspects of air services (13238/2011 – C7-0242/2011 – 2010/0132(NLE))
(2013/C 227 E/13)
(Consent)

The European Parliament,






—


having regard to the draft Council decision (13238/2011),










—


having regard to the Agreement between the European Union and the Government of the Republic of Indonesia on certain aspects of air services (10843/3/2010),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0242/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0448/2011),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Indonesia.
Case C-227/11: Order of the Court (Sixth Chamber) of 19 January 2012 (reference for a preliminary ruling from the Rechtbank Haarlem — Netherlands) — DHL Danzas Air & Ocean (Netherlands) BV v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp Saturnusstraat (Article 104(3) of the Rules of Procedure — Common Customs Tariff — Tariff positions — Network analysers — Classification — Legal value of a classification opinion of the World Customs Organisation)
Date: 2012-01-19
Institutions: Court of Justice
Subjects: Combined Nomenclature, Netherlands, classification, computer equipment








C_2012126EN.01000302.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/3





Order of the Court (Sixth Chamber) of 19 January 2012 (reference for a preliminary ruling from the Rechtbank Haarlem — Netherlands) — DHL Danzas Air & Ocean (Netherlands) BV v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp Saturnusstraat
(Case C-227/11) (1)

(Article 104(3) of the Rules of Procedure - Common Customs Tariff - Tariff positions - Network analysers - Classification - Legal value of a classification opinion of the World Customs Organisation)
2012/C 126/05
Language of the case: Dutch

Referring court

Rechtbank Haarlem

Parties to the main proceedings


Applicant: DHL Danzas Air & Ocean (Netherlands) BV

Defendant: Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp Saturnusstraat

Re:

Reference for a preliminary ruling — Rechtbank Haarlem — Validity of Commission Regulation (EC) No 129/2005 of 20 January 2005 concerning the classification of certain goods in the Combined Nomenclature and amending Regulation (EC) No 955/98 (OJ 2005 L 25, p. 37) — Network analysers

Operative part of the order

The combined nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended, respectively by Commission Regulation (EC) No 1810/2004 of 7 September 2004, and by Commission Regulation (EC) No 1719/2005 of 27 October 2005, must be interpreted as meaning that network analysers such as those at issue in the main proceedings may be classified in the subheading 9030 40 90 of the combined nomenclature, as amended by Regulation No 1810/2004, or in the subheading 9030 40 00 of the combined nomenclature, as amended by Regulation No 1719/2005, according to the date of import, on condition that such apparatus have the purpose of measuring or checking electrical quantities, which is for the national court to establish. Otherwise, those apparatus must be classified in the subheading 9031 80 39 of the combined nomenclature, as amended by Regulation No 1810/2004, or in the subheading 9031 80 38 of the combined nomenclature, as amended by Regulation No 1719/2005, according to the date of import.


(1)  OJ C 226, 30.7.2011.
Memorandum of Cooperation between the European Union and the International Civil Aviation Organization *** European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, and laying down procedural arrangements related thereto (09138/2011 – C7-0163/2011 – 2011/0050(NLE))
Date: 2012-01-19
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: International Civil Aviation Organisation, air safety, cooperation agreement (EU)








CE2013227EN.01004101.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/41





Thursday 19 January 2012Memorandum of Cooperation between the European Union and the International Civil Aviation Organization ***
P7_TA(2012)0008
European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the conclusion of a Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation, and laying down procedural arrangements related thereto (09138/2011 – C7-0163/2011 – 2011/0050(NLE))
(2013/C 227 E/14)
(Consent)

The European Parliament,







—


having regard to the draft Council decision (09138/2011),










—


having regard to the Memorandum of Cooperation between the European Union and the International Civil Aviation Organization (07702/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(6), second subparagraph, point (a), Article 218(7) and the first subparagraph of Article 218(8) of the Treaty on the Functioning of the European Union (C7-0163/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0391/2011),










1.


Consents to conclusion of the Memorandum of Cooperation;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and to the International Civil Aviation Organization.
Case T-30/12: Action brought on 19 January 2012 — IDT Biologika v Commission
Date: 2012-01-19
Institutions: General Court
Subjects: Serbia, award of contract, rabies, vaccine








C_2012089EN.01002801.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/28





Action brought on 19 January 2012 — IDT Biologika v Commission
(Case T-30/12)
2012/C 89/46
Language of the case: German

Parties


Applicant: IDT Biologika GmbH (Dessau-Roßlau, Germany) (represented by: R. Gross and T. Kroupa, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Delegation of the European Union to the Republic of Serbia of 5 October 2011 rejecting the tender submitted in respect of Lot No 1 by IDT Biologika GmbH in response to the call for tenders, reference EuropeAid/130686/C/SUP/RS Re-launch LOT 1, for the supply of a rabies vaccine to the beneficiary Ministry of Agriculture, Forestry and Water Supply of the Republic of Serbia, and awarding the contract in question to a consortium of various companies led by ‘Biovet a. s.’;










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of its action the applicant alleges infringement of Article 252(3) of Regulation (EC) No 2342/2002 (1) as the applicant takes the view that the successful tender does not fulfil the technical requirements specified in the tender documents with regard to the requisite non-virulence to humans of the vaccine offered and with regard to the requisite authorisations and should not therefore have been taken into account.
Furthermore, the taking into account of the successful tender of the consortium led by ‘Biovet a. s.’ constitutes discrimination as regards price comparison since the applicant’s tender alone satisfies all the actual requirements made with regard to the technical specifications in respect of the award procedure at issue and is therefore the only tender in the procedure which is in order.


(1)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1).
Non-opposition to a notified concentration (Case COMP/M.6380 — Bridgepoint/Infront Sports & Media)  Text with EEA relevance
Date: 2012-01-19
Institutions: European Commission
Subjects: economic concentration, merger control, sporting event, two-wheeled vehicle








C_2012016EN.01000501.xml










19.1.2012   


EN


Official Journal of the European Union


C 16/5





Non-opposition to a notified concentration
(Case COMP/M.6380 — Bridgepoint/Infront Sports & Media)
(Text with EEA relevance)
2012/C 16/02
On 20 December 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 32011M6380. EUR-Lex is the on-line access to the European law.
Case T-103/11: Judgment of the General Court of 19 January 2012 — Shang v OHIM (justing) (Community trade mark — Application for the Community figurative mark ‘justing’ — Earlier national figurative mark JUSTING — Seniority of the earlier national mark claimed — Signs not identical — Article 34 of Regulation (EC) No 207/2009)
Date: 2012-01-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2012065EN.01001302.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/13





Judgment of the General Court of 19 January 2012 — Shang v OHIM (justing)
(Case T-103/11) (1)

(Community trade mark - Application for the Community figurative mark ‘justing’ - Earlier national figurative mark JUSTING - Seniority of the earlier national mark claimed - Signs not identical - Article 34 of Regulation (EC) No 207/2009)
2012/C 65/25
Language of the case: Italian

Parties


Applicant: Tiantian Shang (Rome, Italy) (represented by: A. Salerni, lawyer)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 December 2010 (Case R 1388/2010-2), relating to a claim of seniority of the national figurative mark JUSTING held by Mrs Tiantian Shang.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mrs Tiantian Shang to pay the costs.






(1)  OJ C 113, 9.4.2011.
Case T-71/10: Judgment of the General Court of 19 January 2012 — Xeda International and Pace International v Commission (Plant protection products — Active substance diphenylamine — Non-inclusion in Annex I to Directive 91/414/EEC — Withdrawal of authorisations of plant protection products containing that substance — Action for annulment — Locus standi — Admissibility — Proportionality — Article 6(1) of Directive 91/414 — Rights of the defence — Article 3(2) of Regulation (EC) No 1095/2007)
Date: 2012-01-19
Institutions: General Court
Subjects: market approval, pharmaceutical product, plant health product








C_2012065EN.01001202.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/12





Judgment of the General Court of 19 January 2012 — Xeda International and Pace International v Commission
(Case T-71/10) (1)

(Plant protection products - Active substance diphenylamine - Non-inclusion in Annex I to Directive 91/414/EEC - Withdrawal of authorisations of plant protection products containing that substance - Action for annulment - Locus standi - Admissibility - Proportionality - Article 6(1) of Directive 91/414 - Rights of the defence - Article 3(2) of Regulation (EC) No 1095/2007)
2012/C 65/22
Language of the case: English

Parties


Applicants: Xeda International SA (Saint-Andiol (France) and Pace International LLC (Seattle, Washington, United States) (represented by: C. Mereu, K. Van Maldegem, lawyers, and P. Sellar, Solicitor)

Defendant: European Commission (represented by: D. Bianchi and L. Parpala, Agents, and assisted by J. Stuyck, lawyer)

Re:

Annulment of Commission Decision 2009/859/EC of 30 November 2009 concerning the non-inclusion of diphenylamine in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing that substance (OJ 2009 L 314, p. 79).

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders Xeda International SA and Pace International LLC to bear their own costs and to pay those of the European Commission, including the costs relating to the proceedings for interim measures.






(1)  OJ C 100, 17.4.2010.
State aid — Decision to raise no objections
Date: 2012-01-19
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Iceland, State aid, control of State aid, economic recession, public finance








C_2012016EN.01001001.xml










19.1.2012   


EN


Official Journal of the European Union


C 16/10





State aid — Decision to raise no objections
2012/C 16/06
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


19 October 2011




Case number


:


70526




Decision number


:


325/11/COL




EFTA State


:


Iceland




Title


:


Authorisation of aid granted to Islandsbanki for the acquisition of Byr and prolongation of the temporary approval of the SLF




Legal basis


:


Article 61(3)(b) of the EEA Agreement




Objective


:


To remedy a serious disturbance in the economy




Duration


:


The aid has been temporarily approved




Economic sectors


:


Financial sector




Name and address of the granting authority


:







Ministry of Finance




Arnarhvoli




Lindargata




150 Reykjavik




ICELAND








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
EU accession to Regulation No 29 of the UN Economic Commission for Europe *** European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the accession of the European Union to Regulation No 29 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle (13894/2011 – C7-0303/2011 – 2011/0191(NLE))
Date: 2012-01-19
Institutions: Committee on International Trade, European Parliament
Subjects: UN regional commission, approval, commercial vehicle, motor vehicle, technical barriers to trade, technical rule, transport regulations








CE2013227EN.01003901.xml










6.8.2013   


EN


Official Journal of the European Union


CE 227/39





Thursday 19 January 2012EU accession to Regulation No 29 of the UN Economic Commission for Europe ***
P7_TA(2012)0005
European Parliament legislative resolution of 19 January 2012 on the draft Council decision on the accession of the European Union to Regulation No 29 of the United Nations Economic Commission for Europe on uniform provisions concerning the approval of vehicles with regard to the protection of the occupants of the cab of a commercial vehicle (13894/2011 – C7-0303/2011 – 2011/0191(NLE))
(2013/C 227 E/11)
(Consent)

The European Parliament,






—


having regard to the draft Council decision (13894/2011),










—


having regard to the request for consent submitted by the Council in accordance with the second indent of Article 4(2) of Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement.’) (1) (C7-0303/2011),










—


having regard to Rule 81 of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0005/2012),










1.


Consents to the draft Council decision;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.






(1)  OJ L 346, 17.12.1997, p. 78.