do-me/EUR-LEX huggingface dataset:
Case C-53/12: Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Hai Feng Sun
Date: 2012-02-02
Institutions: Court of Justice
Subjects: arrest, foreign national, illegal migration, interpretation of the law, penalty, removal








C_2012098EN.01002002.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/20





Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Hai Feng Sun
(Case C-53/12)
2012/C 98/34
Language of the case: Italian

Referring court

Judge of Peace, Revere

Party to the main proceedings

Hai Feng Sun

Questions 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.
Case C-404/11 P: Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Cartel — Sodium chlorate market — Concept of an ‘undertaking’ — Presumption of decisive influence — Scope of that presumption — Factors not capable of rebutting the presumption — Personal fine — Unlimited jurisdiction)
Date: 2012-02-02
Institutions: Court of Justice
Subjects: chemical industry, fine, price agreement, rights of the defence








C_2012133EN.01001102.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/11





Order of the Court of 2 February 2012 — Elf Aquitaine SA v European Commission
(Case C-404/11 P) (1)

(Appeal - Regulation (EC) No 1/2003 - Competition - Cartel - Sodium chlorate market - Concept of an ‘undertaking’ - Presumption of decisive influence - Scope of that presumption - Factors not capable of rebutting the presumption - Personal fine - Unlimited jurisdiction)
2012/C 133/20
Language of the case: French

Parties


Appellant: Elf Aquitaine SA (represented by: E. Morgan de Rivery and E. Lagathu, avocats)

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier and R. Sauer, acting as Agents)

Re:

Appeal brought against the judgment of the General Court (Second Chamber) of 17 May 2011 in Case T-299/08 Elf Aquitaine v Commission, by which the General Court dismissed the action brought by the applicant for annulment of Commission Decision C(2008) 2626 final of 11 June 2008 relating to a proceeding under Article 81 of the EC Treaty and Article 53 of the EEA Agreement (Case COMP/38.695 — Sodium chlorate) — Competition — Cartel — Infringement of the principles of conferral and proportionality — Manifestly erroneous interpretation — Infringement of the rights of the defence, of the principles of equality and equality of arms — Duty to state reasons — Illegality of the personal fine

Operative part of the order







1.


The appeal is dismissed.










2.


Elf Aquitaine SA is ordered to pay the costs.






(1)  OJ C 298, 8.10.2011.
Case C-54/12: Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Liung Hong Yang
Date: 2012-02-02
Institutions: Court of Justice
Subjects: arrest, foreign national, illegal migration, interpretation of the law, penalty, removal








C_2012098EN.01002101.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/21





Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Liung Hong Yang
(Case C-54/12)
2012/C 98/35
Language of the case: Italian

Referring court

Giudice di Pace di Revere

Party to the main proceedings

Liung Hong Yang

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.
Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: Austria, State aid, aid for restructuring, financial institution, liquidation








C_2012029EN.01000301.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/3





Decisions in the context of the monitoring of the implementation of decisions regarding restructuring and liquidation aid for financial institutions
(Text with EEA relevance)
2012/C 29/03






Date of adoption of the decision


19.12.2011




Reference number of the aid


SA.31189 (MC 7/10)




Member State


Austria




Title (and/or name of the beneficiary)


Monitoring of BAWAG P.S.K.




Type of Decision


—




Content


On 9 December 2011, Austria submitted to the Commission new commitments regarding investment limits. The Commission agrees that, with effect from the notification of this amendment decision, the new commitments regarding investment limits have to be applied.




Other information


On 30 June 2010, the Commission approved the second restructuring aid for BAWAG P.S.K.




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Prior notification of a concentration (Case COMP/M.6413 — OJSC Power Machines/Toshiba/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: economic concentration, electrical industry, electronics industry, merger control








C_2012029EN.01001301.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/13





Prior notification of a concentration
(Case COMP/M.6413 — OJSC Power Machines/Toshiba/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 29/10






1.


On 25 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 OJSC Power Machines (‘Power Machines’, Russia) and Toshiba Corporation (‘Toshiba’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control by way of purchase of shares in a newly created company constituting a joint venture (‘JV’).










2.


The business activities of the undertakings concerned are:






—


for Power Machines: manufacture of power generation equipment and other devices for power plants, in particular turbines and generators,










—


for Toshiba: manufacture of digitals products, electronic devices and components, and infrastructure systems; and,










—


for JV: engineering, production and sale of, and provision of maintenance service for, certain oil immersed power transformers and oil immersed shunt reactors.














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.6413 — OJSC Power Machines/Toshiba/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’).
Case C-52/12: Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Ion Beregovoi
Date: 2012-02-02
Institutions: Court of Justice
Subjects: arrest, foreign national, illegal migration, interpretation of the law, penalty, removal








C_2012098EN.01002001.xml










31.3.2012   


EN


Official Journal of the European Union


C 98/20





Reference for a preliminary ruling from the Giudice di Pace di Revere (Italy) lodged on 2 February 2012 — Criminal proceedings against Ion Beregovoi
(Case C-52/12)
2012/C 98/33
Language of the case: Italian

Referring court

Giudice di Pace di Revere

Party to the main proceedings

Ion Beregovoi

Question 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.
2012/66/EU: Commission Implementing Decision of 2 February 2012 on the recognition of the Polski Rejestr Statków S.A. (Polish Register of Shipping) as a classification society for inland waterway vessels (notified under document C(2012) 431)  Text with EEA relevance
Date: 2012-02-02
Institutions: European Commission
Subjects: Poland, inland waterway shipping, organisation, roadworthiness tests, technical specification, vessel








L_2012033EN.01000801.xml










4.2.2012   


EN


Official Journal of the European Union


L 33/8








            COMMISSION IMPLEMENTING DECISION
         
of 2 February 2012
         
on the recognition of the Polski Rejestr Statków S.A. (Polish Register of Shipping) as a classification society for inland waterway vessels
(notified under document C(2012) 431)
(Text with EEA relevance)
(2012/66/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 3 July 2008, Poland has submitted an application to the Commission for recognition of the Polski Rejestr Statków S.A. (hereinafter ‘PRS’) as a classification society within the meaning of the Directive. PRS has its headquarters in Poland.












(2)


With the application Poland 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 Poland authority and PRS 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 PRS with the criteria of Part I of Annex VII to Directive 2006/87/EC and has concluded that PRS meets them,





HAS ADOPTED THIS DECISION:



Article 1
The classification society PRS 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 Polski Rejestr Statków (Polish Register of Shipping), al. gen. J. Hallera 126, 80-416 Gdańsk, POLAND.




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.
Call for proposals under the 2012 Ideas work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2012-02-02
Institutions: European Commission
Subjects: Framework Programme for Research and Development, administrative competition, invitation to tender, research staff








C_2012029EN.01001101.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/11





Call for proposals under the 2012 Ideas work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
2012/C 29/08
Notice is hereby given of the launch of a call for proposals under the 2012 Ideas work programme 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. Call deadlines and budget are given in the call text, which is published on the Participant Portal website.

Ideas Work Programme







Call Title


The ERC Proof of Concept Grant




Call Identifier


ERC-2012-PoC





This call for proposals relates to the work programme adopted by Commission Decision C(2011) 4961 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 relevant European Commission website:
http://ec.europa.eu/research/participants/portal/appmanager/participants/portal
Case T-596/10: Judgment of the General Court of 2 February 2012 — Almunia Textil v OHIM — FIBA-Europe (EuroBasket) (Community trade mark — Opposition proceedings — Application for Community word mark EuroBasket — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-02-02
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012080EN.01001801.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/18





Judgment of the General Court of 2 February 2012 — Almunia Textil v OHIM — FIBA-Europe (EuroBasket)
(Case T-596/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark EuroBasket - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 80/29
Language of the case: German

Parties


Applicant: Almunia Textil, SA (La Almunia de Doña Godina, Spain) (represented by: J.E. Astiz Suárez, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: FIBA-Europe eV (Munich, Germany) (represented by: T. Hogh Holub, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 October 2010 (Case R 280/2010-1) concerning opposition proceedings between Almunia Textil, SA and FIBA-Europe eV.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Almunia Textil, SA to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and FIBA-Europe eV including, in respect of the latter, the unavoidable costs incurred for the purposes of the proceedings before the Board of Appeal.






(1)  OJ C 80, 12.3.2011.
Case T-321/09: Judgment of the General Court of 2 February 2012 — skytron energy v OHIM (arraybox) (Community trade mark — Application for Community word mark arraybox — Absolute ground for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2012-02-02
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, video surveillance








C_2012080EN.01001602.xml










17.3.2012   


EN


Official Journal of the European Union


C 80/16





Judgment of the General Court of 2 February 2012 — skytron energy v OHIM (arraybox)
(Case T-321/09) (1)

(Community trade mark - Application for Community word mark arraybox - Absolute ground for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2012/C 80/24
Language of the case: German

Parties


Applicant: skytron energy GmbH & Co. KG (Berlin, Germany) (represented by: H.J. Omsels and C. Danziger, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 June 2009 (Case R 1680/2008-1) concerning an application for registration of the word sign arraybox as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders skytron energy GmbH & Co. KG to pay the costs.






(1)  OJ C 267, 7.11.2009.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 February 2012 — Euro exchange rates
Date: 2012-02-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest








C_2012029EN.01000901.xml










2.2.2012   


EN


Official Journal of the European Union


C 29/9





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 February 2012
Euro exchange rates (2)

1 February 2012
2012/C 29/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3175




JPY


Japanese yen


100,29




DKK


Danish krone


7,4337




GBP


Pound sterling


0,83120




SEK


Swedish krona


8,8896




CHF


Swiss franc


1,2048




ISK


Iceland króna


 




NOK


Norwegian krone


7,6540




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,157




HUF


Hungarian forint


292,49




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6996




PLN


Polish zloty


4,2005




RON


Romanian leu


4,3467




TRY


Turkish lira


2,3232




AUD


Australian dollar


1,2312




CAD


Canadian dollar


1,3161




HKD


Hong Kong dollar


10,2176




NZD


New Zealand dollar


1,5839




SGD


Singapore dollar


1,6496




KRW


South Korean won


1 480,80




ZAR


South African rand


10,1889




CNY


Chinese yuan renminbi


8,3088




HRK


Croatian kuna


7,5780




IDR


Indonesian rupiah


11 828,48




MYR


Malaysian ringgit


4,0078




PHP


Philippine peso


56,457




RUB


Russian rouble


39,7920




THB


Thai baht


40,763




BRL


Brazilian real


2,2907




MXN


Mexican peso


17,0668




INR


Indian rupee


64,7750






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.