do-me/EUR-LEX huggingface dataset:
Case T-33/11: Judgment of the General Court of 14 February 2012 — Peeters Landbouwmachines v OHIM — Fors MW (BIGAB) (Community trade mark — Invalidity proceedings — Community word mark BIGAB — Absolute ground for refusal — No bad faith — Article 52(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-02-14
Institutions: General Court
Subjects: EU trade mark, agricultural machinery, trade-mark law








C_2012089EN.01002201.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/22





Judgment of the General Court of 14 February 2012 — Peeters Landbouwmachines v OHIM — Fors MW (BIGAB)
(Case T-33/11) (1)

(Community trade mark - Invalidity proceedings - Community word mark BIGAB - Absolute ground for refusal - No bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009)
2012/C 89/35
Language of the case: English

Parties


Applicant: Peeters Landbouwmachines BV (Etten-Leur, Netherlands) (represented by: P. Claassen, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: AS Fors MW (Saue, Estonia) (represented by M. Nielsen and J. Hansen, lawyers), intervener before the General Court

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 4 November 2010 (Case R 210/2010-1), relating to invalidity proceedings between Peeters Landbouwmachines BV and AS Fors MW.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Peeters Landbouwmachines BV to pay the costs.






(1)  OJ C 80, 12.3.2011.
Joined Cases T-115/09 and T-116/09: Judgment of the General Court of (Fourth Chamber) of 14 February 2012 — Electrolux and Whirlpool v Commission (State aid — Restructuring aid for a manufacturer of large home appliances notified by the French Republic — Decision declaring the aid compatible with the common market subject to conditions — Manifest errors of assessment — Guidelines on State aid for rescuing and restructuring firms in difficulty)
Date: 2012-02-14
Institutions: General Court
Subjects: State aid, control of State aid, household electrical appliance, industrial restructuring








C_2012089EN.01002101.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/21





Judgment of the General Court of (Fourth Chamber) of 14 February 2012 — Electrolux and Whirlpool v Commission
(Joined Cases T-115/09 and T-116/09) (1)

(State aid - Restructuring aid for a manufacturer of large home appliances notified by the French Republic - Decision declaring the aid compatible with the common market subject to conditions - Manifest errors of assessment - Guidelines on State aid for rescuing and restructuring firms in difficulty)
2012/C 89/33
Language of the case: English

Parties


Applicants: Electrolux AB (Stockholm, Sweden) (represented by: F. Wijckmans and H. Burez, lawyers) (Case T-115/09); and Whirlpool Europe BV (Breda, Netherlands) (represented: initially by F. Tuytschaever and B. Bellen, and subsequently by H. Burez and F. Wijckmans, lawyers)

Defendant: European Commission (represented by: L. Flynn and C. Giolito, Agents)

Interveners in support of the defendant: French Republic (represented: initially by G. de Bergues and A.-L. Vendrolini, and subsequently by G. de Bergues and J. Gstalter, Agents); Fagor France SA (Rueil-Malmaison, France) (represented by J. Derenne and A. Müller-Rappard, lawyers)

Re:

Annulment of the Commission Decision of 21 October 2008 on State aid C 44/2007 (ex N 460/2007) which France is planning to implement for FagorBrandt (OJ 2009 L 160, p. 11.

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2009/485/EC of 21 October 2008 on State aid No C 44/07 (ex N 460/07) which France is planning to implement for FagorBrandt;










2.


Orders the European Commission to bear its own costs and to pay those of Electrolux AB and Whirlpool Europe BV;










3.


Orders the French Republic and Fagor France SA to bear their own costs.






(1)  OJ C 113, 16.5.2009.
2012/114/EU: Council Decision of 14 February 2012 on the position to be taken by the European Union within the General Council of the World Trade Organization on the request for a WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan
Date: 2012-02-14
Institutions: Council of the European Union
Subjects: Pakistan, World Trade Organisation, import (EU), tariff exemption, tariff preference








L_2012052EN.01000201.xml










24.2.2012   


EN


Official Journal of the European Union


L 52/2








            COUNCIL DECISION
         
of 14 February 2012
         
on the position to be taken by the European Union within the General Council of the World Trade Organization on the request for a WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan
(2012/114/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Union is currently in the process of adopting legislation for granting additional autonomous trade preferences to Pakistan. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I and Article XIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994), to the extent necessary, the treatment provided by those additional autonomous trade preferences would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to request a waiver from paragraph 1 of Article I and Article XIII GATT 1994, to the extent necessary, pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.












(2)


The Union submitted such a request for a waiver on 18 November 2010, and subsequently revised it on 26 October 2011 and 19 January 2012, and the WTO General Council is to deliberate thereon.












(3)


It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan.
This position shall be expressed by the Commission.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 14 February 2012.


For the Council


The President

M. LIDEGAARD
Case T-267/06: Judgment of the General Court of 14 February 2012 — Italy v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Financial corrections — Fruit and vegetables — Public storage of beef and veal)
Date: 2012-02-14
Institutions: General Court
Subjects: EAGGF Guarantee Section, agricultural expenditure, beef, fruit, public stock, vegetable








C_2012089EN.01002002.xml










24.3.2012   


EN


Official Journal of the European Union


C 89/20





Judgment of the General Court of 14 February 2012 — Italy v Commission
(Case T-267/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Financial corrections - Fruit and vegetables - Public storage of beef and veal)
2012/C 89/31
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Aiello, Avvocato dello Stato)

Defendant: European Commission (represented by: C. Cattabriga and F. Jimeno Fernández, Agents, assisted by A. Dal Ferro, lawyer)

Re:

Partial annulment of Commission Decision 2006/554/EC of 27 July 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 218, p. 12), in so far as it excludes certain expenditure incurred by the Italian Republic in the fruit and vegetable sector and in the public storage of beef and veal sector.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 281, 18.11.2006.
Case T-319/08: Order of the General Court of 14 February 2012 — Grasso v Commission (Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible)
Date: 2012-02-14
Institutions: General Court
Subjects: catch quota, fishing area, fishing rights, sea fish








C_2012109EN.01001102.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/11





Order of the General Court of 14 February 2012 — Grasso v Commission
(Case T-319/08) (1)

(Action for annulment - Regulation (EC) No 530/2008 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - Act of general application - Lack of individual concern - Inadmissible)
2012/C 109/24
Language of the case: Italian

Parties


Applicant: Salvatore Grasso (Catania, Italy) (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Application for annulment of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Each party is ordered to bear its own costs.






(1)  OJ C 272, 25.10.2008.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2012-02-14
Institutions: European Commission
Subjects: Calabria, Denmark, Italy, State aid, control of State aid, forestry holding, rural development, silviculture, small and medium-sized enterprises








C_2012041EN.01000901.xml










14.2.2012   


EN


Official Journal of the European Union


C 41/9





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2012/C 41/03







Date of adoption of the decision


6.1.2012




Reference number of State Aid


SA.33112 (11/N)




Member State


Italy




Region


Calabria


—




Title (and/or name of the beneficiary)


Regime di Aiuto Misure Forestali Programma di Sviluppo Rurale 2007-2013 della Regione Calabria [Dec. n. C(2010) 1164 del 26 febbraio 2010]: Misura 221 — Primo imboschimento di terreni agricoli; Misura 223 — Primo imboschimento di superfici non agricole.




Legal basis


PSR Calabria, Allegato X — Schede di misura 221, 223 [Art. 36, b, i-iii; Artt. 43 e 45 regolamento (CE) n. 1698/2005]




Type of measure


Scheme


—




Objective


Forestry, Rural development (AGRI)




Form of aid


Direct grant




Budget


Overall budget: EUR 19 million




Intensity


80 %




Duration (period)


Until 31.12.2013




Economic sectors


Forestry and logging




Name and address of the granting authority







Regione Calabria




Dipartimento Agricoltura




Via Molè




88100 Catanzaro CZ




ITALIA








Other information


—




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







Date of adoption of the decision


6.1.2012




Reference number of State Aid


SA.33810 (11/N)




Member State


Denmark




Region


—


—




Title (and/or name of the beneficiary)


Large Growth Guarantee Scheme/extension of the calculation methodology for the aid element in guarantees (SA.33022)




Legal basis


The Finance Act 2011
Act No 549 of 1 July 2002 (as amended) on Vækstfonden
Executive order No 1013 of 17 August 2007 (as amended) on the activitities on Vækstfonden




Type of measure


Scheme


—




Objective


SMEs




Form of aid


Guarantee




Budget


Overall budget: DKK 75 million




Intensity


7,26 %




Duration (period)


Until 31.12.2015




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Vækstfonden




Strandvejen 104 A




2900 Hellerup




DANMARK








Other information


—




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
Vaccination against bluetongue ***II European Parliament legislative resolution of 14 February 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2000/75/EC as regards vaccination against bluetongue (16696/1/2011 – C7-0011/2012 – 2010/0326(COD))
Date: 2012-02-14
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: animal disease, sheep, vaccination, vaccine, veterinary inspection








CE2013249EN.01007201.xml










30.8.2013   


EN


Official Journal of the European Union


CE 249/72





Tuesday 14 February 2012Vaccination against bluetongue ***II
P7_TA(2012)0036
European Parliament legislative resolution of 14 February 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council amending Directive 2000/75/EC as regards vaccination against bluetongue (16696/1/2011 – C7-0011/2012 – 2010/0326(COD))
2013/C 249 E/24
(Ordinary legislative procedure: second reading)

The European Parliament,






—


having regard to the Council position at first reading (16696/1/2011 – C7-0011/2012),










—


having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1),










—


having regard to its position at first reading (2) on the Commission proposal to Parliament and the Council (COM(2010)0666),










—


having regard to Article 294(7) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 72 of its Rules of Procedure,










—


having regard to the recommendation for second reading of the Committee on Agriculture and Rural Development (A7-0031/2012),










1.


Approves the Council position at first reading;










2.


Notes that the act is adopted in accordance with the Council position;










3.


Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;










4.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;










5.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






(1)  OJ C 132, 3.5.2011, p. 92.

(2)  Texts adopted of 7.4.2011, P7_TA(2011)0147.
Case T-329/08: Order of the General Court of 14 February 2012 — AJD Tuna v Commission (Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible)
Date: 2012-02-14
Institutions: General Court
Subjects: catch quota, fishing area, fishing rights, sea fish








C_2012109EN.01001103.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/11





Order of the General Court of 14 February 2012 — AJD Tuna v Commission
(Case T-329/08) (1)

(Action for annulment - Regulation (EC) No 530/2008 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - Act of general application - Lack of individual concern - Inadmissible)
2012/C 109/25
Language of the case: Italian

Parties


Applicant: AJD Tuna Ltd (St Paul's Bay, Malta) (represented by: J. Refalo, R. Mastroianni and M. Annoni, lawyers)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Application for annulment of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


AJD Tuna Ltd is to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 272, 25.10.2008.
The return of the sealed-off section of Famagustato its lawful inhabitants Declaration of the European Parliament of 14 February 2012 on the return of the sealed-off section of Famagustato its lawful inhabitants
Date: 2012-02-14
Institutions: European Parliament
Subjects: Cyprus, Türkiye, UN resolution, establishment of peace, occupied territory, public safety








CE2013249EN.01000101.xml










30.8.2013   


EN


Official Journal of the European Union


CE 249/1





Tuesday 14 February 2012The return of the sealed-off section of Famagustato its lawful inhabitants
P7_TA(2012)0039
Declaration of the European Parliament of 14 February 2012 on the return of the sealed-off section of Famagustato its lawful inhabitants
2013/C 249 E/01

The European Parliament,







—


recalling its 1993 resolution on Cyprus,










—


recalling its 2009 resolution on Turkey’s progress report,










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas the city of Famagusta in the Republicof Cypruswas captured by the invading Turkish forces in August 1974,










B.


whereas a section of Famagustawas then sealed off and remains uninhabited, under the direct control of the Turkish military,










C.


whereas the return of the Famagusta sealed-off section to its lawful inhabitants would facilitate efforts toward a comprehensive settlement of the Cyprusproblem,










D.


noting the 1979 High Level Agreement and UNSC Resolutions 550(1984) and 789(1992),










E.


noting the 2008 Report of the Committee on Petitions on Petition 733/2004,










1.


Calls on the Government of Turkey to act according to the aforementioned UNSC Resolutions and Report Recommendations and return the Famagusta sealed-off section to its lawful inhabitants, who must resettle under conditions of security and peace;










2.


Urges the EU institutions to coordinate their efforts with Parliament to promote Turkey’s cooperation;










3.


Instructs its President to forward this declaration, with the names of the signatories (1), to the Commission, the Council, the governments of the MemberStates, the UN Secretary General and the Government of Turkey.






(1)  The list of signatories is published in Annex 1 to the Minutes of 14 February 2012 (P7_PV(2012)02-14(ANN1)).
Joined Cases C-328/10 to C-333/10: Order of the President of the Court of 14 February 2012 (references for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza (Italy)) — Enipower SpA (C-328/10), ENI SpA (C-329/10), Edison Trading SpA (C-330/10), E.On Produzione SpA (C-331/10), Edipower SpA (C-332/10), E.On Energy Trading SpA (C-333/10) v Autorità per l’energia elettrica e il gás (C-328/10 to C-333/10), Cassa Conguaglio per il Settore Elettrico (C-329/10) intervening parties: Terna Rete Elettrica Nazionale SpA (C-328/10, C-329/10, C-331/10 and C-332/10), Ministero dello Sviluppo Economico (C-328/10 and C-329/10), Gestore dei Servizi Elettrici SpA (C-331/10)
Date: 2012-02-14
Institutions: Court of Justice
Subjects: Italy, electrical energy, energy production








C_2012126EN.01001002.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/10





Order of the President of the Court of 14 February 2012 (references for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia — Sezione Terza (Italy)) — Enipower SpA (C-328/10), ENI SpA (C-329/10), Edison Trading SpA (C-330/10), E.On Produzione SpA (C-331/10), Edipower SpA (C-332/10), E.On Energy Trading SpA (C-333/10) v Autorità per l’energia elettrica e il gás (C-328/10 to C-333/10), Cassa Conguaglio per il Settore Elettrico (C-329/10) intervening parties: Terna Rete Elettrica Nazionale SpA (C-328/10, C-329/10, C-331/10 and C-332/10), Ministero dello Sviluppo Economico (C-328/10 and C-329/10), Gestore dei Servizi Elettrici SpA (C-331/10)
(Joined Cases C-328/10 to C-333/10) (1)

2012/C 126/20
Language of the case: Italian
The President of the Court has ordered that the cases be removed from the register.


(1)  OJ C 346, 18.12.2010.
Case T-366/08: Order of the General Court of 14 February 2012 — Federcoopesca and Others v Commission (Action for annulment — Regulation (EC) No 530/2008 — Recovery plan for bluefin tuna — Setting of TACs for 2008 — Act of general application — Lack of individual concern — Inadmissible)
Date: 2012-02-14
Institutions: General Court
Subjects: catch quota, fishing area, fishing rights, sea fish








C_2012109EN.01001202.xml










14.4.2012   


EN


Official Journal of the European Union


C 109/12





Order of the General Court of 14 February 2012 — Federcoopesca and Others v Commission
(Case T-366/08) (1)

(Action for annulment - Regulation (EC) No 530/2008 - Recovery plan for bluefin tuna - Setting of TACs for 2008 - Act of general application - Lack of individual concern - Inadmissible)
2012/C 109/27
Language of the case: Italian

Parties


Applicants: Federazione Nazionale delle Cooperative della Pesca (Federcoopesca) and eight other applicants whose names are mentioned in the annex to the order (Rome, Italy) (represented by: P. Cavasola, V. Cannizzaro and G. Micucci, lawyers)

Defendant: European Commission (represented by: K. Banks and D. Nardi, acting as Agents)

Re:

Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45° W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The Federazione Nazionale delle Cooperative della Pesca (Federcoopesca) and eight other applicants whose names are mentioned in the annex are to bear their own costs and pay those incurred by the European Commission.






(1)  OJ C 301, 22.11.2008.