do-me/EUR-LEX huggingface dataset:
Case C-51/12: Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Xiamie Zhu and Others
Date: 2012-02-02
Institutions: Court of Justice
Subjects: arrest, foreign national, illegal migration, interpretation of the law, penalty, removal








C_2012098EN.01001902.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/19





Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Xiamie Zhu and Others
(Case C-51/12)
2012/C 98/32
Language of the case: Italian

Referring court

Giudice di Pace di Revere

Parties to the main proceedings

Xiamie Zhu, Guo Huo Xia, Xie Fmr Ye, Jian Hui Luo, Ua Zh Th

Question(s) referred







1.


In the light of the principles of sincere cooperation and the effectiveness of directives, do Articles 2, 4, 6, 7 and 8 of Directive 2008/115/EC (1) preclude the possibility that a third-country national illegally staying in a Member State may be liable to a fine, for which home detention is substituted by way of criminal-law sanction, solely as a consequence of that person’s illegal entry and stay, even before any failure to comply with a removal order issued by the administrative authorities?










2.


In the light of the principles of sincere cooperation and the effectiveness of directives, do Articles 2, 15 and 16 of Directive 2008/115/EC preclude the possibility that, subsequent to the adoption of the directive, a Member State may enact legislation which provides that a third-country national illegally staying in that Member State may be liable to a fine, for which an enforceable order for expulsion with immediate effect is substituted by way of criminal-law sanction, without respecting the procedure and rights of the foreign national laid down in the directive?










3.


Does the principle of sincere cooperation established in Article 4(3) TEU preclude national rules adopted during the period prescribed for transposition of a directive in order to circumvent or, in any event, limit the scope of the directive, and what measures must the national court adopt in the event that it concludes that there was such an objective?






(1)  OJ 2008 L 348, p. 98.
2012/65/EU: Commission Implementing Decision of 2 February 2012 on the recognition of the Russian Maritime Register of Shipping as a classification society for inland waterway vessels (notified under document C(2012) 429)  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: Russia, inland waterway shipping, organisation, roadworthiness tests, technical specification, vessel








L_2012033EN.01000701.xml










4.2.2012   


EN


Official Journal of the European Union


L 33/7








            COMMISSION IMPLEMENTING DECISION
         
of 2 February 2012
         
on the recognition of the Russian Maritime Register of Shipping as a classification society for inland waterway vessels
(notified under document C(2012) 429)
(Text with EEA relevance)
(2012/65/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (1), and in particular Article 10(1) and Part II of Annex VII thereof,


After consulting the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boat masters' certificates for the carriage of goods and passengers by inland waterway (2),

Whereas:







(1)


By letter of 25 February 2009 Hungary has submitted an application to the Commission for recognition of the Russian Maritime Register of Shipping (hereinafter ‘RS’) as a classification society within the meaning of the Directive. RS has a Branch office in Budapest (Hungary).












(2)


With the applications Hungary has submitted the information and documentation needed to verify that the criteria for recognition are met.












(3)


A hearing was organised in the joint meeting of experts from the Member States of the European Union and the Central Commission for Navigation on the Rhine (hereinafter ‘CCNR’), on technical requirements for inland waterway vessels in April 2009, where the Hungarian authority and RS gave presentations.












(4)


The secretariat of the CCNR has been consulted as referred to in Part II, paragraph 4 of Annex VII to Directive 2006/87/EC.












(5)


The Commission has assessed the compliance of RS with the criteria of Part I of Annex VII to Directive 2006/87/EC and has concluded that RS meets them,





HAS ADOPTED THIS DECISION:



Article 1
The classification society RS shall be recognised pursuant to Article 10 of Directive 2006/87/EC.


Article 2
This Decision is addressed to the Member State(s) which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC and to the Russian Maritime Register of Shipping, Branch Office in Hungary, 1 Marcius 15 ter, 1056 Budapest, Hungary.




Done at Brussels, 2 February 2012.


For the Commission

Siim KALLAS
            

Vice-President






(1)  
            OJ L 389, 30.12.2006, p. 1.

(2)  
            OJ L 373, 31.12.1991, p. 29.
2012/64/EU: Commission Implementing Decision of 2 February 2012 on the recognition of the RINA SpA (Italian Register of Shipping) as a classification society for inland waterway vessels (notified under document C(2012) 402)  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: Italy, inland waterway shipping, organisation, roadworthiness tests, technical specification, vessel








L_2012033EN.01000601.xml










4.2.2012   


EN


Official Journal of the European Union


L 33/6








            COMMISSION IMPLEMENTING DECISION
         
of 2 February 2012
         
on the recognition of the RINA SpA (Italian Register of Shipping) as a classification society for inland waterway vessels
(notified under document C(2012) 402)
(Text with EEA relevance)
(2012/64/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (1), and in particular Article 10(1) and Part II of Annex VII thereof,


After consulting the Committee referred to in Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national boat masters’ certificates for the carriage of goods and passengers by inland waterway (2),

Whereas:







(1)


By letter of 22 July 2008 Italy submitted an application to the Commission for recognition of the RINA SpA (hereafter RINA) as a classification society within the meaning of the Directive. RINA has its headquarters in Italy.












(2)


With the application Italy has submitted the information and documentation needed to verify that the criteria for recognition are met.












(3)


A hearing was organised in the joint meeting of experts from the Member States of the European Union and the Central Commission for Navigation on the Rhine (hereinafter ‘CCNR’) on technical requirements for inland waterway vessels in April 2009, where the Italian authority and RINA gave presentations.












(4)


The secretariat of the CCNR has been consulted as referred to in Part II paragraph 4 of Annex VII to Directive 2006/87/EC.












(5)


The Commission has assessed the compliance of RINA with the criteria of Part I of Annex VII to Directive 2006/87/EC and has concluded that RINA meets them,





HAS ADOPTED THIS DECISION:



Article 1
The classification society RINA shall be recognised pursuant to Article 10 of Directive 2006/87/EC.


Article 2
This Decision is addressed to the Member State(s) which have inland waterways as referred to in Article 1(1) of Directive 2006/87/EC and to the Italian Register of Shipping, Via Corsica 12, 16128 Genova, Italy.




Done at Brussels, 2 February 2012.


For the Commission

Siim KALLAS
            

Vice-President






(1)  
            OJ L 389, 30.12.2006, p. 1.

(2)  
            OJ L 373, 31.12.1991, p. 29.
Case T-83/08: Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals v Commission (Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Proof of participation in the cartel — Proof of having distanced oneself from the cartel — Duration of the infringement — Rights of the defence — Access to the file — Guidelines on the method of setting — Non-retroactivity — Legitimate expectation — Principle of proportionality — Mitigating circumstances)
Date: 2012-02-02
Institutions: General Court
Subjects: competition, fine, fixing of prices, joint venture, market-sharing agreement, mitigating circumstances, principle of proportionality, restriction on competition, synthetic rubber








C_2012080EN.01001601.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/16





Judgment of the General Court of 2 February 2012 — Denki Kagaku Kogyo and Denka Chemicals v Commission
(Case T-83/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Proof of participation in the cartel - Proof of having distanced oneself from the cartel - Duration of the infringement - Rights of the defence - Access to the file - Guidelines on the method of setting - Non-retroactivity - Legitimate expectation - Principle of proportionality - Mitigating circumstances)
2012/C 80/23
Language of the case: English

Parties


Applicants: Denki Kagaku Kogyo Kabushiki Kaisha (Tokyo, Japan); and Denka Chemicals GmbH (Düsseldorf, Germany) (represented: initially by G. van Gerven, T. Franchoo and D. Fessenko, and subsequently by T. Franchoo, B. Bär-Bouyssière and A. de Beaugrenier, lawyers)

Defendant: European Commission (represented by: S. Noë and V. Bottka, Agents)

Re:

APPLICATION for, principally, annulment of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), in that it concerns the applicants and, in the alternative, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Denki Kagaku Kogyo Kabushiki Kaisha and Denka Chemicals GmbH to pay the costs.






(1)  OJ C 107, 26.4.2008.
Case T-76/08: Judgment of the General Court of 2 February 2012 — EI du Pont de Nemours and Others v Commission (Competition — Agreements, decisions and concerted practices — Market for chloroprene rubber — Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement — Price-fixing — Market-sharing — Imputability of the unlawful conduct — Joint venture — Guidelines on the method of setting fines — Mitigating circumstances — Cooperation)
Date: 2012-02-02
Institutions: General Court
Subjects: competition, fine, fixing of prices, joint venture, market-sharing agreement, mitigating circumstances, restriction on competition, synthetic rubber








C_2012080EN.01001501.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/15





Judgment of the General Court of 2 February 2012 — EI du Pont de Nemours and Others v Commission
(Case T-76/08) (1)

(Competition - Agreements, decisions and concerted practices - Market for chloroprene rubber - Decision finding an infringement of Article 81 EC and Article 53 of the EEA Agreement - Price-fixing - Market-sharing - Imputability of the unlawful conduct - Joint venture - Guidelines on the method of setting fines - Mitigating circumstances - Cooperation)
2012/C 80/21
Language of the case: English

Parties


Applicants: EI du Pont de Nemours and Company (Wilmington, Delaware, United States); DuPont Performance Elastomers LLC (Wilmington); and DuPont Performance Elastomers SA (Grand-Saconnex, Switzerland) (represented by: J. Boyce and A. Lyle-Smythe, Solicitors)

Defendant: European Commission (represented: initially by X. Lewis and V. Bottka, subsequently by V. Bottka and V. Di Bucci, and lastly by V. Bottka, S. Noë and A. Biolan, Agents)

Re:

APPLICATION for, first, annulment of Articles 1 and 2 of Commission Decision C(2007) 5910 final of 5 December 2007 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/38.629 — Chloroprene Rubber), as amended by Commission Decision C(2008) 2974 final of 23 June 2008, in that they refer to EI du Pont de Nemours and Company and, second, a reduction in the amount of the fine imposed jointly and severally on the applicants by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders EI du Pont de Nemours and Company, DuPont Performance Elastomers LLC and DuPont Performance Elastomers SA to pay the costs.






(1)  OJ C 116, 9.5.2008.
Case F-96/11: Order of the Civil Service Tribunal of 2 February 2012 — Makaronidis v Commission
Date: 2012-02-02
Institutions: Civil Service Tribunal
Subjects: European civil service, diploma, documentation centre, school fees








C_2012126EN.01002803.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/28





Order of the Civil Service Tribunal of 2 February 2012 — Makaronidis v Commission
(Case F-96/11) (1)

2012/C 126/55
Language of the case: Greek
The President of the First Chamber has ordered that the case be removed from the register.


(1)  No publication in the OJ.
Corrigendum to the Commission Communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in OJ C 53 of 19 February 2011 ( OJ C 18, 21.1.2012 )
Date: 2012-02-02
Institutions: European Commission
Subjects: Italy, air transport, inland transport, invitation to tender, public service, transport regulations








C_2012029EN.01002301.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/23





Corrigendum to the Commission Communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in 
OJ C 53 of 19 February 2011


(
Official Journal of the European Union C 18 of 21 January 2012
)
2012/C 29/13
On the cover and on page 12, in the title:
for:
‘… OJ C 53 of 19 February 2011’,
read:
‘… OJ C 18 of 21 January 2012’.
Case T-469/09: Judgment of the General Court of 2 February 2012 — Greece v Commission (EAGGF — Guarantee Section — Expenses excluded from Community financing — Tomato processing and rice storage sectors — Integrated administration and control system for certain Community aid schemes — Principle of proportionality)
Date: 2012-02-02
Institutions: General Court
Subjects: EAGGF Guarantee Section, EU aid, food inspection, food processing, fruit vegetable, principle of proportionality, rice








C_2012080EN.01001603.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/16





Judgment of the General Court of 2 February 2012 — Greece v Commission
(Case T-469/09) (1)

(EAGGF - Guarantee Section - Expenses excluded from Community financing - Tomato processing and rice storage sectors - Integrated administration and control system for certain Community aid schemes - Principle of proportionality)
2012/C 80/25
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: I.K. Chalkias and S. Papaïoannou, Agents)

Defendant: European Commission (represented by: P. Rossi and A. Markoulli, Agents)

Re:

Application of annulment of Commission Decision 2009/721/EC of 24 September 2009 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2009 L 257, p. 28).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 24, 30.1.2010.
Call for proposals under the work programme of the joint European Metrology Research Programme (EMRP)
Date: 2012-02-02
Institutions: European Commission
Subjects: EU programme, metrology, research programme








C_2012029EN.01001001.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/10





Call for proposals under the work programme of the joint European Metrology Research Programme (EMRP)
2012/C 29/07
Notice is hereby given of the launch of a call for proposals for topic areas and subsequently for related projects and associated researcher grants under the work programme of the European Metrology Research Programme.
Proposals are invited for EMRP Call 2012 with the following topic areas:






—


Metrology for Industry










—


SI Broader Scope










—


Open Excellence




This Call encompasses a two-stage process for joint research projects and includes opportunities for researcher grants.







 


Date of publication


Closing date










Stage 1 —


Call for Potential Research Topics






2 February 2012


18 March 2012










Stage 2 —


Call for Joint Research Project proposals and associated Researcher Excellence Grant applications






18 June 2012


1 October 2012




Call documentation including budget, description of topic areas and modalities is available through the following website:
http://www.emrponline.eu/call2012
Case T-387/10: Judgment of the General Court of 2 February 2012 — Goutier v OHIM — Euro Data (ARANTAX) (Community trade mark — Opposition proceedings — Application for Community word mark ARANTAX — Earlier national word mark ANTAX — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Genuine use of the earlier mark — Article 42(2) and (3) of Regulation No 207/2009)
Date: 2012-02-02
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2012080EN.01001702.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/17





Judgment of the General Court of 2 February 2012 — Goutier v OHIM — Euro Data (ARANTAX)
(Case T-387/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ARANTAX - Earlier national word mark ANTAX - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009)
2012/C 80/27
Language of the case: German

Parties


Applicant: Klaus Goutier (Frankfurt-am-Main, Germany) (represented by: E. Happe, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Euro Data GmbH & Co. KG, Datenverarbeitungsdienst (Saarbrucken, Germany) (represented by: D. Wagner, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 July 2010 (Case R 126/2009-4) concerning opposition proceedings between Euro Data GmbH & Co. KG, Datenverarbeitungsdienst and Mr Klaus Goutier.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Klaus Goutier to pay the costs.






(1)  OJ C 301, 6.11.2010.
Case C-55/12: Action brought on 2 February 2012 — European Commission v Ireland
Date: 2012-02-02
Institutions: Court of Justice
Subjects: Ireland, disabled person, excise duty, fuel tax, infringement of EU law, motor vehicle, tax exemption








C_2012089EN.01001801.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/18





Action brought on 2 February 2012 — European Commission v Ireland
(Case C-55/12)
2012/C 89/28
Language of the case: English

Parties


Applicant: European Commission (represented by: R. Lyal, W. Mölls, Agents)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that by granting excise duty relief for the fuel used by disabled people for motor vehicles without respecting the minimum levels of taxation prescribed by Council Directive 2003/96/EC (1) Ireland has failed to fulfil its obligations under that Directive;










—


order Ireland to pay the costs.





Pleas in law and main arguments

The Commission submits that, by maintaining the exemption from excise duty of motor fuels used by disabled people, Ireland is in breach of its obligations under the directive.


(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity
OJ L 283, p. 51
Non-opposition to a notified concentration (Case COMP/M.6449 — DCC Energy/Swea Energi)  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: distribution business, economic concentration, fuel, merger control, oil industry








C_2012029EN.01000101.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/1





Non-opposition to a notified concentration
(Case COMP/M.6449 — DCC Energy/Swea Energi)
(Text with EEA relevance)
2012/C 29/01
On 27 January 2012, 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 32012M6449. EUR-Lex is the on-line access to the European law.