do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 194/2012 of 8 March 2012 fixing the amount of private storage aid for certain fishery products in the 2012 fishing year
Date: 2012-03-08
Institutions: European Commission
Subjects: EU aid, financial aid, fishery product, private stock, storage premium








L_2012071EN.01001001.xml










9.3.2012   


EN


Official Journal of the European Union


L 71/10








            COMMISSION IMPLEMENTING REGULATION (EU) No 194/2012
of 8 March 2012
         
fixing the amount of private storage aid for certain fishery products in the 2012 fishing year


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (1),


Having regard to Commission Regulation (EC) No 2813/2000 of 21 December 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of private storage aid for certain fishery products (2), and in particular Article 1 thereof,

Whereas:







(1)


Private storage aid should not exceed the sum of technical and financial costs recorded in the Union during the fishing year preceding the year in question.












(2)


To discourage long-term storage, to shorten payment times and to reduce the burden of controls, private storage aid should be paid in one single instalment.












(3)


In order not to hinder the operation of the intervention system in the year 2012, this Regulation should apply retroactively from 1 January 2012.












(4)


The measures provided for in this Regulation are in accordance with the Management Committee for Fishery Products,





HAS ADOPTED THIS REGULATION:



Article 1
For the 2012 fishing year the amount of private storage aid, referred to in Article 25 of Regulation (EC) No 104/2000, for the products listed in Annex II to that Regulation shall be as follows:








—


first month


:


EUR 219 per tonne,




—


second month


:


EUR 0 per tonne.






Article 2
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2012.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 March 2012.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 17, 21.1.2000, p. 22.

(2)  
            OJ L 326, 22.12.2000, p. 30.
Case C-524/10: Judgment of the Court (Fourth Chamber) of 8 March 2012 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Common system of value added tax — Directive 2006/112/EC — Articles 296 to 298 — Common flat-rate scheme for farmers — Flat-rate compensation percentage set at nil rate)
Date: 2012-03-08
Institutions: Court of Justice
Subjects: VAT, farmer, provision of services, tax exemption, tax relief








C_2012126EN.01000201.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/2





Judgment of the Court (Fourth Chamber) of 8 March 2012 — European Commission v Portuguese Republic
(Case C-524/10) (1)

(Failure of a Member State to fulfil obligations - Common system of value added tax - Directive 2006/112/EC - Articles 296 to 298 - Common flat-rate scheme for farmers - Flat-rate compensation percentage set at nil rate)
2012/C 126/02
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: M. Afonso, acting as Agent)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and R. Laires, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 296 to 298 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Flat-rate scheme designed to offset the VAT levied on the purchases of goods and services by flat-rate farmers — Flat-rate compensation percentage set at nil rate

Operative part of the judgment

The Court:






1.


Declares that by applying to farmers a special scheme which does not comply with the scheme established by Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, because it exempts farmers from payment of value added tax and involves the application of a flat-rate compensation percentage at a nil rate, the Portuguese Republic failed to fulfil its obligations under Articles 296 to 298 of that directive;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission and the Portuguese Republic to bear their own costs.






(1)  OJ C 30, 29.1.2011.
Case C-81/11 P: Order of the Court (Fifth Chamber) of 8 March 2012 — Longevity Health Products Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence)
Date: 2012-03-08
Institutions: Court of Justice
Subjects: EU trade mark, food supplement, health care, pharmaceutical product, registered trade mark, trade-mark law








C_2012235EN.01000301.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/3





Order of the Court (Fifth Chamber) of 8 March 2012 — Longevity Health Products Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-81/11 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community word mark RESVEROL - Opposition by the proprietor of the earlier international word mark LESTEROL - Assessment of the likelihood of confusion - Rights of the defence)
2012/C 235/03
Language of the case: English

Parties


Appellant: Longevity Health Products Inc. (represented by: J. Korab, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Re:

Appeal brought against the judgment of the General Court (Fifth Chamber) of 16 December 2010 in Case T-363/09 Longevity Health Products v OHIM — Gruppo Lepetit, by which that court dismissed an action brought by the applicant for word mark ‘RESVEROL’, for goods and services in Classes 3, 5 and 35, against decision R 1204/2008-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 July 2009, dismissing the appeal lodged against the Opposition Division’s decision which refused in part registration of that mark in the context of the opposition brought by the proprietor of the national word marks ‘LESTEROL’, for goods in Class 5

Operative part of the order







1.


The appeal is dismissed.










2.


Longevity Health Products Inc. shall pay the costs.






(1)  OJ C 139, 7.5.2011.
Euro exchange rates
Date: 2012-03-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2012070EN.01001901.xml










8.3.2012   


EN


Official Journal of the European Union


C 70/19





Euro exchange rates (1)

7 March 2012
2012/C 70/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3120




JPY


Japanese yen


105,95




DKK


Danish krone


7,4345




GBP


Pound sterling


0,83490




SEK


Swedish krona


8,9240




CHF


Swiss franc


1,2052




ISK


Iceland króna


 




NOK


Norwegian krone


7,4480




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,871




HUF


Hungarian forint


296,28




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6978




PLN


Polish zloty


4,1644




RON


Romanian leu


4,3580




TRY


Turkish lira


2,3459




AUD


Australian dollar


1,2423




CAD


Canadian dollar


1,3140




HKD


Hong Kong dollar


10,1858




NZD


New Zealand dollar


1,6043




SGD


Singapore dollar


1,6554




KRW


South Korean won


1 476,91




ZAR


South African rand


10,0432




CNY


Chinese yuan renminbi


8,2855




HRK


Croatian kuna


7,5588




IDR


Indonesian rupiah


12 037,60




MYR


Malaysian ringgit


3,9714




PHP


Philippine peso


56,370




RUB


Russian rouble


39,0299




THB


Thai baht


40,370




BRL


Brazilian real


2,3209




MXN


Mexican peso


17,0308




INR


Indian rupee


66,1310






(1)  Source: reference exchange rate published by the ECB.
Case C-129/12: Reference for a preliminary ruling from the Finanzgericht des Landes Sachsen-Anhalt (Germany) lodged on 8 March 2012 — Magdeburger Mühlenwerke GmbH v Finanzamt Magdeburg
Date: 2012-03-08
Institutions: Court of Justice
Subjects: Germany, aid to agriculture, control of State aid, investment








C_2012174EN.01001502.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/15





Reference for a preliminary ruling from the Finanzgericht des Landes Sachsen-Anhalt (Germany) lodged on 8 March 2012 — Magdeburger Mühlenwerke GmbH v Finanzamt Magdeburg
(Case C-129/12)
2012/C 174/23
Language of the case: German

Referring court

Finanzgericht des Landes Sachsen-Anhalt

Parties to the main proceedings


Applicant: Magdeburger Mühlenwerke GmbH

Defendant: Finanzamt Magdeburg

Question referred

Did Commission Decision C(1998) 1712 of 20 May 1998 (1) grant the German legislature discretion in relation to the formulation of point 4 of the second sentence of Paragraph 2 of the Investitionszulagengesetz (‘InvZulG 1996’) (Law on investment grants of 1996) in the version of the Steuerentlastungsgesetz 1999 (Law on tax relief of 1999) of 19 December 1998, whereby a scheme would be covered by that discretion if it promotes investments under that scheme, in relation to which the binding investment decision was made before the expiration of the period for the implementation of the Commission Decision or before the publication of the intended measures in the Bundessteuerblatt (Federal Tax Journal, ‘BStBl’), but the delivery of the capital asset and the determination and disbursement of the grant take place afterwards?


(1)  1999/183/EC: Commission Decision of 20 May 1998 concerning State aid for the processing and marketing of German agricultural products which might be granted on the basis of existing regional aid schemes (OJ 1999 L 60, p. 61).
Case T-221/10: Judgment of the General Court of 8 March 2012 — Iberdrola v Commission (Action for annulment — State aid — Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions — Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid — Act entailing implementing measures — Lack of individual concern — Inadmissibility)
Date: 2012-03-08
Institutions: General Court
Subjects: Spain, State aid, amortisation, common market, control of State aid








C_2012118EN.01002303.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/23





Judgment of the General Court of 8 March 2012 — Iberdrola v Commission
(Case T-221/10) (1)

(Action for annulment - State aid - Aid schemes allowing for the tax amortisation of financial goodwill for foreign shareholding acquisitions - Decision declaring the aid scheme incompatible with the common market and not ordering the recovery of aid - Act entailing implementing measures - Lack of individual concern - Inadmissibility)
2012/C 118/39
Language of the case: Spanish

Parties


Applicant: Iberdrola, SA (Bilbao, Spain) (represented by: J. Ruiz Calzado, M. Núñez-Müller and J. Domínguez Pérez, lawyers)

Defendant: European Commission (represented by: R. Lyal and C. Urraca Caviedes, Agents)

Re:

Application for annulment of Article 1(1) of Commission Decision 2011/5/EC of 28 October 2009 on the tax amortisation of financial goodwill for foreign shareholding acquisitions C 45/07 (ex NN 51/07, ex CP 9/07) implemented by Spain (OJ 2011 L 7, p. 48).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Iberdrola, SA to pay the costs.






(1)  OJ C 179, 3.7.2010.
Prior notification of a concentration (Case COMP/M.6439 — AGRANA/RWA/JV)  Text with EEA relevance
Date: 2012-03-08
Institutions: European Commission
Subjects: agri-foodstuffs, agricultural product, building materials, economic concentration, energy industry, fruit, merger control, starch, sugar








C_2012070EN.01002401.xml










8.3.2012   


EN


Official Journal of the European Union


C 70/24





Prior notification of a concentration
(Case COMP/M.6439 — AGRANA/RWA/JV)
(Text with EEA relevance)
2012/C 70/09






1.


On 29 February 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 AGRANA Beteiligungs-Aktiengesellschaft (‘AGRANA’, Austria) and RWA Raiffeisen Ware Austria Aktiengesellschaft (‘RWA’, Austria) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘the JV’, Austria) which will combine their respective subsidiaries AGRANA Juice and Ybbstaler.










2.


The business activities of the undertakings concerned are:






—


for AGRANA: sugar, starch and fruit,










—


for RWA: agricultural products, technical equipment, energy, building materials, building & gardening, services,










—


for the JV: production and marketing of fruit juice concentrates, not from concentrate fruit juices, fruit purées, fruit aromas, fruit sweetness, juice compounds and related products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6439 — AGRANA/RWA/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’).
Case C-126/12: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 8 March 2012 — Brück Edgar v Agentur für Arbeit Villingen-Schwenningen — Familienkasse
Date: 2012-03-08
Institutions: Court of Justice
Subjects: Switzerland, dependant, frontier worker, social-security benefit








C_2012184EN.01000202.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/2





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 8 March 2012 — Brück Edgar v Agentur für Arbeit Villingen-Schwenningen — Familienkasse
(Case C-126/12)
2012/C 184/03
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Applicant: Brück Edgar

Defendants: Agentur für Arbeit Villingen-Schwenningen — Familienkasse

Question referred

Are Article 13(1) and Article 13(2)(a) of Regulation No 1408/71 (1) to be interpreted as precluding the granting of (differential) child benefit by a Member State of residence, in cases where a person entitled to child benefit — like the other parent — is a cross-border commuter employed in Switzerland and draws family benefits there in respect of his children living in the Member State of residence which are lower than the child benefit provided for in the Member State of residence?


(1)  Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community, OJ 1971 L 149, p. 2 (English special edition: Series I Chapter 1971(II) P. 0416), as amended by Council Regulation (EC) No 118/97 of 2 December 1996, OJ 1997 L 28, p. 1, and Regulation (EC) No 647/2005 of the European Parliament and of the Council of 13 April 2005, OJ 2005 L 117, p. 1.