do-me/EUR-LEX huggingface dataset:
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors — Rapporteur: France
Date: 2012-03-07
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: glass, liability, offence, parent company, restriction on competition








C_2012292EN.01000201.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/2





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 7 March 2012 concerning a draft decision in Case COMP/39.452 (1) — Mountings for windows and window doors
Rapporteur: France
2012/C 292/02






1.


The Advisory Committee agrees with the European Commission's assessment of the facts as agreements and/or concerted practices within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees that the complex of agreements and/or concerted practices constitutes a single and continuous cartel infringement in the sector of mountings for windows and window doors for the time frame in which it existed.










3.


The Advisory Committee agrees with the European Commission that the complex of agreements and/or concerted practices had the object of restricting competition.










4.


The Advisory Committee agrees with the European Commission's assessment on the duration of the infringement for each addressee.










5.


The Advisory Committee agrees with the European Commission's draft Decision as regards the conclusion that the agreements and/or concerted practices between the addressees were capable of having an appreciable effect upon trade between EU Member States and between contracting parties of the EEA-agreement.










6.


The Advisory Committee agrees with the European Commission's draft Decision as regards the addressees of the Decision, specifically with reference to imputation of liability to parent companies of the groups concerned.










7.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Commission Implementing Regulation (EU) No 188/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Susina di Dro (PDO)]
Date: 2012-03-07
Institutions: European Commission
Subjects: Italy, designation of origin, product designation, stone fruit








L_2012069EN.01000701.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 188/2012
of 7 March 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Susina di Dro (PDO)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Italy's application to register the name ‧Susina di Dro‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 7 March 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 185, 25.6.2011, p. 10.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Susina di Dro (PDO)
Case C-127/12: Action brought on 7 March 2012 — European Commission v Kingdom of Spain
Date: 2012-03-07
Institutions: Court of Justice
Subjects: capital transfer tax, tax harmonisation, tax relief








C_2012126EN.01000902.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/9





Action brought on 7 March 2012 — European Commission v Kingdom of Spain
(Case C-127/12)
2012/C 126/18
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: W. Roels and F. Jimeno Fernández, Agents)

Defendant: Kingdom of Spain

Form of order sought

The applicant claims that the Court should:






—


declare that, by applying different tax treatment to donations and successions between beneficiaries and donees resident in Spain and those not resident in Spain, between bequeathers resident in Spain and those not resident in Spain, and between donations and similar transfers of immovable property situated within and outside of Spain, the Kingdom of Spain has failed to fulfil its obligations under Articles 21 and 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 28 and 40 of the Agreement on the European Economic Area (EEA);










—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments







1.


In Spain, the Impuesto sobre Sucesiones y Donaciones (succession and donation tax) is a national tax, the basic provisions for which are laid down in Ley 29/87 (Law 29/87) of 18 December 1987, and in the regulation adopted by Real Decreto (Royal Decree) 1629/1991 of 8 November 1991. The management and collection of the tax was granted to the Autonomous Communities, although national legislation applies in the cases laid down therein, that is, primarily in cases in which there is no personal or real connection with an Autonomous Community.










2.


In all of the Autonomous Communities which have adopted succession and donation tax legislation, the tax burden born by the tax payer is considerably lower than that imposed under national legislation, which leads to a difference in tax treatment of donations and successions between beneficiaries and donees resident in Spain and those not resident in Spain, between bequeathers resident in Spain and those not resident in Spain, and between donations and similar transfers of immovable property situated within and outside of Spain.










3.


The Spanish national legislation at issue infringes Articles 21 and 63 TFEU and Articles 28 and 40 EEA.
Case F-31/11: Order of the Civil Service Tribunal (First Chamber) of 7 March 2012 — BI v Cedefop (Civil service — Time-limit for bringing proceedings — Language of rejection of complaint)
Date: 2012-03-07
Institutions: Civil Service Tribunal
Subjects: Cedefop, damages, indemnification








C_2012126EN.01002702.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/27





Order of the Civil Service Tribunal (First Chamber) of 7 March 2012 — BI v Cedefop
(Case F-31/11) (1)

(Civil service - Time-limit for bringing proceedings - Language of rejection of complaint)
2012/C 126/51
Language of the case: French

Parties


Applicant: BI (Evosmos, Greece) (represented by: M.-A. Lucas, lawyer)

Defendant: European Centre for the Development of Vocational Training (Cedefop) (represented by: M. Fuchs, agent, and B. Wägenbaur, lawyer)

Re:

Application for annulment of the decision of the Director of Cedefop to terminate the employment of the applicant and for reparation of material and non-material loss sustained.

Operative part of the order

The Tribunal:






1.


Dismisses the action as manifestly inadmissible;










2.


Orders BI to pay all costs.






(1)  OJ 25.6.2011 C 186, p. 33.
Case T-115/12: Action brought on 7 March 2012 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca)
Date: 2012-03-07
Institutions: General Court
Subjects: EU trade mark, plumbing equipment, registered trade mark, trade-mark law








C_2012157EN.01000702.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/7





Action brought on 7 March 2012 — Buzil-Werk Wagner v OHIM — Roca Sanitario (Roca)
(Case T-115/12)
2012/C 157/12
Language in which the application was lodged: German

Parties


Applicant: Buzil-Werk Wagner GmbH & Co. KG (Memmingen, Germany) (represented by: D. Waldhauser, lawyer)

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

Other party to the proceedings before the Board of Appeal: Roca Sanitario, SA (Barcelona, Spain)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 9 January 2012 (Case No R 1907/2010-4) and reject the opposition brought by Roca Sanitario, SA, Av. Diagonal, 513, E-08029 Barcelona (Spain).





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘Roca’ for goods in Class 3 (application No 6 800 726)

Proprietor of the mark or sign cited in the opposition proceedings: Roca Sanitario, SA

Mark or sign cited in opposition: the Spanish trade marks ‘Roca’ (trade mark Nos 1 020 043, 2 543 451, 424 875 and 915 635) for certain goods in Classes 19 and 21 and the international trade mark ‘Roca’ (trade mark No 905 212) for certain goods in Classes 11, 19, 20 and 21

Decision of the Opposition Division: partial rejection of the opposition

Decision of the Board of Appeal: annulment of the Opposition Division’s decision and rejection of the Community trade mark application in respect of all the goods applied for

Pleas in law: There is no likelihood of confusion between the marks at issue.
Case F-32/12: Action brought on 7 March 2012 — ZZ v Commission
Date: 2012-03-07
Institutions: Civil Service Tribunal
Subjects: European civil service, legal expenses, redemption








C_2012138EN.01003604.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/36






Action brought on 7 March 2012 — ZZ v Commission
(Case F-32/12)
(2012/C 138/86)
Language of the case: Italian

Parties


Applicant: ZZ (represented by: G. Cipressa, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Application for annulment of the Commission’s implied decision not to reimburse a quarter of the costs incurred by the applicant in Case F-56/09 Marcuccio v Commission, which the defendant was ordered to pay by judgment of 9 June 2011.

Form of order sought







—


Annul the decision issued by — or in any event attributable to — the Commission rejecting — howsoever and whether in full or in part — the claims set out in the application of 4 January 2011;










—


In so far as necessary, annul the decision, whatever the form in which it was adopted, rejecting the applicant’s complaint of 20 July 2011 against the decision rejecting the application of 4 January 2011;










—


In so far as necessary, confirm that, also by failing to adopt a position in respect of the application of 4 January 2011, the Commission has unlawfully abstained from adopting the measures necessary for compliance with the judgment of the Tribunal delivered on 9 June 2010 in Case F-56/09 Marcuccio v Commission, in particular paragraph 4 of the operative part of that judgment;










—


Order the Commission to pay to the applicant the sum of EUR 3 174,87, which, if and in so far as it is not paid to the applicant, will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from tomorrow and until the day on which payment of that sum takes place;










—


Order the Commission to pay to the applicant the sum of EUR 10 per day for each additional day which, with effect from tomorrow and ad infinitum, passes while the failure on the part of the Commission to pay to the applicant the abovementioned sum of EUR 3 174,87 or, at the very least, to adopt an express position in relation to the application of 4 January 2011 persists, it being necessary for that sum of EUR 10 to be paid at the end of the same day, failing which, or in so far as it is not so paid, it will produce interest in favour of the applicant at the rate of 10 % per annum and with annual capitalisation, with effect from the day following that on which the above payment should have been made and until the day on which the payment takes place;










—


Order the Commission to pay the costs.
Case C-542/10: Order of the President of the Fifth Chamber of the Court of 7 March 2012 — European Commission v Republic of Poland
Date: 2012-03-07
Institutions: Court of Justice
Subjects: banking, electronic money, financial institution, financial legislation, intra-EU payment, national implementing measure, single market








C_2012235EN.01001103.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/11





Order of the President of the Fifth Chamber of the Court of 7 March 2012 — European Commission v Republic of Poland
(Case C-542/10) (1)

2012/C 235/22
Language of the case: Polish
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)   C 30, 29.1.2011.
Euro exchange rates
Date: 2012-03-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2012069EN.01000201.xml










7.3.2012   


EN


Official Journal of the European Union


C 69/2





Euro exchange rates (1)

6 March 2012
2012/C 69/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3153




JPY


Japanese yen


106,66




DKK


Danish krone


7,4344




GBP


Pound sterling


0,83255




SEK


Swedish krona


8,8906




CHF


Swiss franc


1,2055




ISK


Iceland króna


 




NOK


Norwegian krone


7,4520




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,866




HUF


Hungarian forint


293,43




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6981




PLN


Polish zloty


4,1495




RON


Romanian leu


4,3538




TRY


Turkish lira


2,3485




AUD


Australian dollar


1,2418




CAD


Canadian dollar


1,3137




HKD


Hong Kong dollar


10,2103




NZD


New Zealand dollar


1,6150




SGD


Singapore dollar


1,6604




KRW


South Korean won


1 479,71




ZAR


South African rand


10,0079




CNY


Chinese yuan renminbi


8,3024




HRK


Croatian kuna


7,5548




IDR


Indonesian rupiah


12 080,27




MYR


Malaysian ringgit


3,9854




PHP


Philippine peso


56,624




RUB


Russian rouble


38,8666




THB


Thai baht


40,485




BRL


Brazilian real


2,3007




MXN


Mexican peso


16,9779




INR


Indian rupee


66,2710






(1)  Source: reference exchange rate published by the ECB.
Reserve list — Open competition — EPSO/AD/204/10 — Administrators (AD 6) — Management of the Structural Funds/Cohesion Fund
Date: 2012-03-07
Institutions: European Personnel Selection Office
Subjects: Cohesion Fund, Structural Funds, administrator, competition (EU)








CA2012069EN.01000101.xml










7.3.2012   


EN


Official Journal of the European Union


CA 69/1





RESERVE LIST (1)

OPEN COMPETITION
EPSO/AD/204/10
ADMINISTRATORS (AD 6)
MANAGEMENT OF THE STRUCTURAL FUNDS/COHESION FUND
(2012/C 69 A/01)






BERZINS


Maris




BOBIŠ


Marek




BOIS D'ENGHIEN


Koen




BOVEDA


Myriam




BROCKS


Silke




CALVO SANTOS


Angel




CATTRYSSE BÕSZE


Barbara




DE BETHUNE


Thomas




DIMITRIOU


Pavlos




FERSTL


Alexander




FURLAN


Andrea




GERME


Sabine




HANGIU SILAGHI


Diana Carmen




HAUSER


Florian




HERRY


Pascal




IGLÓI


Gabriella




JOSEPH


Serge




KONYA


Edit




KOURTESIS


Artemios




KUZNIEKS


Andris




LUCATELLI


Sabrina




NIKOLAOU


Georgios




NUSSMUELLER


Eva




PASIMENI


Paolo




PEETERS


Marlies




RANGEULOV


Stanislav




RUTKOVSKIS


Zigo




SANDU


Luciana




STANCIU


Beatrice Genela




SZOKOLAI


Zsolt




TIGER


Ulf Fredrik




TOLEA


Liviu Gheorghe




TOTH


Gabor




VALENTAITE


Giedre




VARGA LENCSES


Viktoria




VERCRUYSSE


Jean-Pierre




VILA NUNEZ


Sonia




VILIMIENE


Ieva Cerniute




VOUNOUKI


Eleftheria




ZAPOUNIDIS


Konstantinos




The reserve list will be valid until 4 February 2015.


(1)  A successful candidate may explicitly request her/his name not be published.
Commission Implementing Regulation (EU) No 186/2012 of 7 March 2012 entering a name in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle / Schwäbische Knöpfle (PGI)]
Date: 2012-03-07
Institutions: European Commission
Subjects: Germany, designation of origin, pasta, product designation








L_2012069EN.01000301.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 186/2012
of 7 March 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Schwäbische Spätzle / Schwäbische Knöpfle (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany's application to register the name ‘Schwäbische Spätzle / Schwäbische Knöpfle’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 7 March 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 191, 1.7.2011, p. 20.




ANNEX
Foodstuffs listed in Annex I to the Regulation:

Class 2.7.   Pasta

GERMANY
Schwäbische Spätzle / Schwäbische Knöpfle (PGI)
Commission Implementing Regulation (EU) No 190/2012 of 7 March 2012 on granting of no aid for private storage of olive oil in the framework of the tendering procedure opened by the Implementing Regulation (EU) No 111/2012
Date: 2012-03-07
Institutions: European Commission
Subjects: EU aid, invitation to tender, olive oil, private stock, storage premium








L_2012069EN.01001101.xml










8.3.2012   


EN


Official Journal of the European Union


L 69/11








            COMMISSION IMPLEMENTING REGULATION (EU) No 190/2012
of 7 March 2012
         
on granting of no aid for private storage of olive oil in the framework of the tendering procedure opened by the Implementing Regulation (EU) No 111/2012


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 43(d), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Implementing Regulation (EU) No 111/2012 of 9 February 2012 opening the tendering procedure for aid for private storage of olive oil (2) provides for two tendering sub-periods.












(2)


In accordance with Article 13(1) of Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (3), on the basis of tenders notified by the Member States, the Commission either fixes a maximum amount of the aid or does not fix a maximum amount of the aid.












(3)


Following an examination of the tenders submitted in response to the second partial invitation to tender, it is appropriate not to grant any aid for private storage of olive oil for the tendering sub-period ending on 1 March 2012.












(4)


In order to give a rapid signal to the market and to ensure efficient management of the measure, this Regulation should enter into force on the day of its publication in the Official Journal of the European Union.













(5)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the tendering sub-period ending on 1 March 2012 within the tendering procedure opened by Implementing Regulation (EU) No 111/2012, no aid shall be granted for any of the products referred to in the Annex to that Regulation.


Article 2
This Regulation shall enter into force on the day of 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, 7 March 2012.


For the Commission, On behalf of the President,
José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 37, 10.2.2012, p. 55.

(3)  
            OJ L 223, 21.8.2008, p. 3.