do-me/EUR-LEX huggingface dataset:
Reserve list — Open competition EPSO/AD/194/10 — Lawyer-linguists (AD 7) — English language (EN)
Date: 2012-01-25
Institutions: European Personnel Selection Office
Subjects: EPSO, competition (EU), legal profession








CA2012020EN.01000101.xml










25.1.2012   


EN


Official Journal of the European Union


CA 20/1





RESERVE LIST (1)

OPEN COMPETITION EPSO/AD/194/10
LAWYER-LINGUISTS (AD 7)
ENGLISH LANGUAGE (EN)
(2012/C 20 A/01)
EP/Council Channel






CLOAREC


Fiona Margaret




DUNLOP


Steven




KEYS


Alexander Thomas




KING


Sarah-Jane




MORE


Gillian




MURPHY


Shane




O'SULLIVAN


Peter Anthony




PALMER


Helen




ZATSCHLER


Carsten




The reserve list will be valid until 13 December 2012 and may be extended.


(1)  A successful candidate may explicitly request her/his name not be published.
Case T-37/12: Action brought on 25 January 2012 — Advance Magazine Publishers v OHIM — López Cabré (TEEN VOGUE)
Date: 2012-01-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, serial publication, trade-mark law, young person








C_2012073EN.01003001.xml










10.3.2012   


EN


Official Journal of the European Union


C 73/30





Action brought on 25 January 2012 — Advance Magazine Publishers v OHIM — López Cabré (TEEN VOGUE)
(Case T-37/12)
2012/C 73/59
Language in which the application was lodged: English

Parties


Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: T. Alkin, Barrister)

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

Other party to the proceedings before the Board of Appeal: Eduardo López Cabré (Barcelona, Spain)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2011 in case R 1763/2010-4, insofar as it relates to the opposition based on the earlier mark; and










—


Order the opponent to pay the costs incurred by the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘TEEN VOGUE’, for among others goods in class 18 — Community trade mark application No 5265517

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Spanish trade mark registration No 496371 of the word mark ‘VOGUE’, for goods in class 18; Spanish trade mark registration No 2153619 of the figurative mark ‘VOGUE moda en lluvia’, for goods in class 18; Community trade mark registration No 2082287 of the word mark ‘VOGUE’, for goods in class 18

Decision of the Opposition Division: Partially rejected the CTM application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 43(2) of Council Regulation No 207/2009 and/or of Rule 22(3) of Commission Regulation (EC) No 2868/95, as well as infringement of Article 8(1)(b) Council Regulation No 207/2009, as the Board of Appeal erred in law in finding that the opponent’s evidence ‘taken as a whole’ was sufficient to prove use of the earlier mark, and as the Board of Appeal erred in finding that there was likelihood of confusion between the applicant’s mark and the opposed mark.
Euro exchange rates
Date: 2012-01-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2012020EN.01000501.xml










25.1.2012   


EN


Official Journal of the European Union


C 20/5





Euro exchange rates (1)

24 January 2012
2012/C 20/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3003




JPY


Japanese yen


100,89




DKK


Danish krone


7,4352




GBP


Pound sterling


0,83460




SEK


Swedish krona


8,7940




CHF


Swiss franc


1,2065




ISK


Iceland króna


 




NOK


Norwegian krone


7,6390




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,422




HUF


Hungarian forint


302,38




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6977




PLN


Polish zloty


4,2984




RON


Romanian leu


4,3430




TRY


Turkish lira


2,3767




AUD


Australian dollar


1,2429




CAD


Canadian dollar


1,3164




HKD


Hong Kong dollar


10,0912




NZD


New Zealand dollar


1,6092




SGD


Singapore dollar


1,6527




KRW


South Korean won


1 472,98




ZAR


South African rand


10,3843




CNY


Chinese yuan renminbi


8,2062




HRK


Croatian kuna


7,5685




IDR


Indonesian rupiah


11 706,35




MYR


Malaysian ringgit


4,0147




PHP


Philippine peso


56,125




RUB


Russian rouble


40,1911




THB


Thai baht


40,920




BRL


Brazilian real


2,2923




MXN


Mexican peso


17,1965




INR


Indian rupee


65,1520






(1)  Source: reference exchange rate published by the ECB.
Case T-330/11: Order of the General Court of 25 January 2012 — MasterCard and Others v European Commission (Actions for annulment — Access to documents — Regulation (EC) No 1049/2001 — Documents relating to a study of the costs and benefits to merchants of accepting different payment methods — Documents drawn up by a third party — Implied refusal of access — Interest in bringing proceedings — Express decision adopted after the bringing of the action — No need to adjudicate)
Date: 2012-01-25
Institutions: General Court
Subjects: access to EU information, electronic money, financial institution








C_2012089EN.01002402.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/24





Order of the General Court of 25 January 2012 — MasterCard and Others v European Commission
(Case T-330/11) (1)

(Actions for annulment - Access to documents - Regulation (EC) No 1049/2001 - Documents relating to a study of the costs and benefits to merchants of accepting different payment methods - Documents drawn up by a third party - Implied refusal of access - Interest in bringing proceedings - Express decision adopted after the bringing of the action - No need to adjudicate)
2012/C 89/40
Language of the case: English

Parties


Applicants: MasterCard Inc. (Wilmington, Delaware, United States), MasterCard International, Inc. (Wilmington), MasterCard Europe (Waterloo, Belgium) (represented by: B. Amory, V. Brophy and S. McInnes, lawyers)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart and V. Bottka, acting as Agents)

Re:

Action for annulment of the implied decision of the Commission to refuse the applicants access to certain documents drawn up by a third party relating to a study of the ‘costs and benefits to merchants of accepting different payment methods’

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The European Commission is ordered to pay the costs.






(1)  OJ C 238, 13.8.2011.
2012/57/EU: Decision No 1/2012 of the EU-Andorra Joint Committee of 25 January 2012 establishing the list of customs security provisions provided for by Article 12b(1) of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra
Date: 2012-01-25
Institutions: EC–Andorra Joint Committee
Subjects: Andorra, Community acquis, agreement (EU), application of EU law, customs regulations








L_2012029EN.01004401.xml










1.2.2012   


EN


Official Journal of the European Union


L 29/44








            DECISION No 1/2012 OF THE EU-ANDORRA JOINT COMMITTEE
         
of 25 January 2012
         
establishing the list of customs security provisions provided for by Article 12b(1) of the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra
(2012/57/EU)


THE JOINT COMMITTEE,

Having regard to the Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra, signed in Luxembourg on 28 June 1990 (the Agreement), and in particular Article 12b(1) thereof,


Whereas Article 12b(1) states that the Principality of Andorra shall adopt the customs security measures applied by the Union and that a detailed list of the provisions of the Community acquis in question shall be drawn up by the Joint Committee set up under Article 17 of the Agreement,

HAS ADOPTED THIS DECISION:



Article 1
The list of the provisions of the Community acquis to be adopted by the Principality of Andorra under Article 12b(1) of the Agreement shall be established as follows:







Category of customs security measures


Provisions of Community Customs Code — Council Regulation (EEC) No 2913/92 (1)



Community Customs Code implementing provisions — Commission Regulation (EEC) No 2454/93 (2)





Declarations prior to the entry and exit of goods


Entry: Articles 36a to 36c


Entry: Articles 181b to 184c




 


Exit: Articles 182a to 182d


Exit:






—


Articles 592a to 592d and 592f (customs export declaration)










—


Articles 842a to 842f (exit summary declaration)








Authorised economic operator


Article 5a


Articles 14a to 14d, 14f to 14k and 14q to 14x




Customs security checks and security-related risk management


Article 13


General: Articles 4f to 4j




 


Entry: Articles 184d to 184e




Exit:






—


Articles 592e and 592g (customs export declaration)










—


Article 842d(2) (exit summary declaration)










Article 2
This Decision shall enter into force on the day of its adoption.
It shall apply from 1 January 2011.




Done at Brussels, 25 January 2012.


For the Joint Committee


The President

Gianluca GRIPPA
            





(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).

(2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
Case T-637/11 R: Order of the President of the General Court of 25 January 2012 — Euris Consult v Parliament (Application for interim measures — Public services contract — Tendering procedure — Services of translation into Maltese — Rejection of a tender — Arrangements for communication — Application for suspension of operation of a measure — Loss of opportunity — Lack of serious and irreparable damage — Lack of urgency)
Date: 2012-01-25
Institutions: General Court
Subjects: invitation to tender, services contract, translation








C_2012080EN.01001902.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/19





Order of the President of the General Court of 25 January 2012 — Euris Consult v Parliament
(Case T-637/11 R)
(Application for interim measures - Public services contract - Tendering procedure - Services of translation into Maltese - Rejection of a tender - Arrangements for communication - Application for suspension of operation of a measure - Loss of opportunity - Lack of serious and irreparable damage - Lack of urgency)
2012/C 80/33
Language of the case: English

Parties


Applicant: Euris Consult Ltd (Floriana, Malta) (represented by: F. Moyse, lawyer)

Defendant: European Parliament (represented by: L. Darie and F. Poilvache, Agents)

Re:

Application for suspension of operation of the decision of the European Parliament of 18 October 2011 in the tendering procedure (MT/2011/EU) for the provision of translation services into Maltese (OJ S 56 090372) and rejecting the tender submitted by the applicant.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-332/10: Judgment of the General Court of 25 January 2012 — Viaguara v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark ‘VIAGUARA’ — Earlier Community word mark VIAGRA — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark — Article 8(5) of Regulation (EC) No 207/2009)
Date: 2012-01-25
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012065EN.01001203.xml










3.3.2012   


EN


Official Journal of the European Union


C 65/12





Judgment of the General Court of 25 January 2012 — Viaguara v OHIM
(Case T-332/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ‘VIAGUARA’ - Earlier Community word mark VIAGRA - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009)
2012/C 65/23
Language of the case: Polish

Parties


Applicant: Viaguara S.A. (Warsaw, Poland) (represented by: R. Skubisz, M. Mazurek and J. Dudzik, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Pfizer Inc. (New York, New York, United States) (represented by: initially M. Hawkins, Solicitor, V. von Bomhard and A. Renck, lawyers, then V. von Bomhard and M. Fowler, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 20 May 2010 (Case R 946/2009-1) relating to opposition proceedings between Pfizer Inc. and Viaguara S.A.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Viaguara S.A. to pay the costs.






(1)  OJ C 301, 6.11.2010.
Notice for the attention of the persons and entities to which Articles 19(1)(b) and 20(1)(b) of Council Decision 2010/413/CFSP (Annex II) and Article 16(2) of Council Regulation (EU) No 961/2010 (Annex VIII) apply
Date: 2012-01-25
Institutions: Council of the European Union
Subjects: Iran, capital movement, economic sanctions, international sanctions








C_2012020EN.01000401.xml










25.1.2012   


EN


Official Journal of the European Union


C 20/4





Notice for the attention of the persons and entities to which Articles 19(1)(b) and 20(1)(b) of Council Decision 2010/413/CFSP (Annex II) and Article 16(2) of Council Regulation (EU) No 961/2010 (Annex VIII) apply
2012/C 20/02
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in Annex II to Council Decision 2010/413/CFSP of 26 July 2010, as amended by Council Decision 2012/35/CFSP of 23 January 2012 (1), and in Annex VIII to Council Regulation (EU) No 961/2010, as implemented by Council Implementing Regulation (EU) No 54/2012 of 23 January 2012 (2).
The Council of the European Union has decided that additional persons and entities should be included in the lists of persons and entities to which Articles 19(1)(b) and 20(1)(b) of Council Decision 2010/413/CFSP and Article 16(2) of Council Regulation (EU) No 961/2010 concerning restrictive measures against Iran apply.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex V of the Regulation, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Articles 17, 18 and 19 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




DG K Coordination Unit




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Attention is also drawn to the possibility for each person and entity concerned of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 19, 24.1.2012, p. 22.

(2)  OJ L 19, 24.1.2012, p. 1.
Case T-34/12: Action brought on 25 January 2012 — Herbacin cosmetic v OHIM — Laboratoire Garnier (HERBA SHINE)
Date: 2012-01-25
Institutions: General Court
Subjects: EU trade mark, cosmetic product, registered trade mark, trade-mark law








C_2012080EN.01002402.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/24





Action brought on 25 January 2012 — Herbacin cosmetic v OHIM — Laboratoire Garnier (HERBA SHINE)
(Case T-34/12)
2012/C 80/41
Language in which the application was lodged: German

Parties


Applicant: Herbacin cosmetic GmbH (Wutha-Farnroda, Germany) (represented by: J. Eberhardt, lawyer)

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

Other party to the proceedings before the Board of Appeal: Laboratoire Garnier et Cie (Paris, France)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 November 2011 in Case R 2255/2010-1;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Laboratoire Garnier et Cie

Community trade mark concerned: the word mark ‘HERBA SHINE’ for goods in Class 3

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

Mark or sign cited in opposition: the national and Community word mark and international registration ‘HERBACIN’ for goods in Class 3

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was upheld

Pleas in law: Infringement of the first sentence of Article 42(2) of Regulation No 207/2009 in that, at the time of the first-instance opposition decision, an effective request for proof of use on the part of the applicant no longer existed; infringement of point (b) of the second sentence of Article 15(1) of Regulation No 207/2009 in that the Board of Appeal of OHIM erred in law in disregarding considerable export turnover under the opposing mark ‘HERBACIN’; and infringement of the first sentence of Article 15(1) of Regulation No 207/2009 in that the proof of use submitted as regards customers within the Community was incorrectly assessed.
Case T-39/12 P: Appeal brought on 25 January 2012 by Roberto Di Tullio against the judgment of the Civil Service Tribunal of 29 November 2011 in Case F-119/10 Di Tullio v Commission
Date: 2012-01-25
Institutions: General Court
Subjects: equal treatment, principle of legal certainty, unpaid leave








C_2012109EN.01001702.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/17





Appeal brought on 25 January 2012 by Roberto Di Tullio against the judgment of the Civil Service Tribunal of 29 November 2011 in Case F-119/10 Di Tullio v Commission
(Case T-39/12 P)
2012/C 109/39
Language of the case: French

Parties


Appellant: Roberto Di Tullio (Rovigo, Italy) (represented by: S. Woog and T. Bontinck, lawyers)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


Declare his appeal admissible and well founded, and consequently:










—


Set aside the judgment under appeal of the Third Chamber of the Civil Service Tribunal of the European Union of 29 November 2011 in Case F-119/10 by which it dismissed as unfounded the applicant’s action seeking annulment of the decision by which the Commission refused to place him on leave for national service;










—


Grant the applicant the form of order sought by him before the Civil Service Tribunal of the European Union;










—


Order the defendant to pay the costs of both proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging an error of law and mistaken and inadequate reasoning when the Civil Service Tribunal of the European Union examined the plea submitted at first instance alleging infringement of the principles of legitimate expectations and legal certainty.










2.


Second plea in law, alleging an error of law and infringement of the principles of legitimate expectations, legal certainty and equality and of the principle of reasonableness, in so far as the Civil Service Tribunal of the European Union did not in this case place any temporal limit on the effects of its interpretative judgment.
Case F-53/11: Order of the Civil Service Tribunal of 25 January 2012 — Kedzierski v Commission
Date: 2012-01-25
Institutions: Civil Service Tribunal
Subjects: EPSO, European Commission, competition (EU)








C_2012126EN.01002802.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/28





Order of the Civil Service Tribunal of 25 January 2012 — Kedzierski v Commission
(Case F-53/11) (1)

2012/C 126/54
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 186, 25.6.2011 p. 37.
Commission Delegated Regulation (EU) No 268/2012 of 25 January 2012 amending Annex I of Regulation (EU) No 211/2011 of the European Parliament and of the Council on the citizens’ initiative
Date: 2012-01-25
Institutions: European Commission
Subjects: European citizenship, composition of parliament, petition, power of initiative








L_2012089EN.01000101.xml










27.3.2012   


EN


Official Journal of the European Union


L 89/1








            COMMISSION DELEGATED REGULATION (EU) No 268/2012
of 25 January 2012
         
amending Annex I of Regulation (EU) No 211/2011 of the European Parliament and of the Council on the citizens’ initiative


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 211/2011 of the European Parliament and of the Council of 16 February 2011 on the citizens’ initiative (1), and in particular Article 7(3) thereof,

Whereas:







(1)


Article 7(2) of Regulation (EU) No 211/2011 provides that, in at least one quarter of Member States, the minimum number of signatories of a citizens’ initiative should correspond to the number of the Members of the European Parliament elected in each Member State, multiplied by 750. Those minimum numbers are set out in Annex I of the Regulation.












(2)


The composition of the European Parliament has been modified by the Protocol amending the Protocol on transitional provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community (2), which entered into force on 1 December 2011.












(3)


Annex I of Regulation (EU) No 211/2011 should be amended accordingly.





HAS ADOPTED THIS REGULATION:



Article 1
Annex I of Regulation (EU) No 211/2011 is replaced by the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the 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, 25 January 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 65, 11.3.2011, p. 1.

(2)  
            OJ C 263, 29.9.2010, p. 1.




ANNEX

MINIMUM NUMBER OF SIGNATORIES PER MEMBER STATE







Belgium


16 500 




Bulgaria


13 500 




Czech Republic


16 500 




Denmark


9 750 




Germany


74 250 




Estonia


4 500 




Ireland


9 000 




Greece


16 500 




Spain


40 500 




France


55 500 




Italy


54 750 




Cyprus


4 500 




Latvia


6 750 




Lithuania


9 000 




Luxembourg


4 500 




Hungary


16 500 




Malta


4 500 




Netherlands


19 500 




Austria


14 250 




Poland


38 250 




Portugal


16 500 




Romania


24 750 




Slovenia


6 000 




Slovakia


9 750 




Finland


9 750 




Sweden


15 000 




United Kingdom


54 750