do-me/EUR-LEX huggingface dataset:
Council Decision of 9 March 2012 appointing one member of the Management Board of the European Chemicals Agency
Date: 2012-03-09
Institutions: Council of the European Union
Subjects: European Chemicals Agency, appointment of members, board of management








C_2012074EN.01000701.xml










13.3.2012   


EN


Official Journal of the European Union


C 74/7





COUNCIL DECISION
of 9 March 2012
appointing one member of the Management Board of the European Chemicals Agency
2012/C 74/04
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
Whereas:






(1)


Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.










(2)


By Decision of 17 May 2011 (2) the Council appointed 15 members of the Management Board, including one from Portugal.










(3)


The Portuguese Government has informed the Council of its intention to replace the Portuguese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,




HAS ADOPTED THIS DECISION:
Article 1
Mr Paulo Guilherme DA SILVA LEMOS of Portuguese nationality, born on 9 July 1963, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Mário GRÁCIO for the period from 15 March 2012 to 31 May 2015.
Article 2
This Decision shall enter into force on the day of its adoption.

Done at Brussels, 9 March 2012.


For the Council


The President

I. AUKEN




(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ C 151, 21.5.2011, p. 1.
Case T-192/07: Judgment of the General Court of 9 March 2012 — Comité de défense de la viticulture charentaise v Commission (Competition — Decision rejecting a complaint — No Community interest — Scope of the complaint — Competence of the author of the act — Obligation to state reasons)
Date: 2012-03-09
Institutions: General Court
Subjects: France, designation of origin, spirits, viticulture








C_2012126EN.01001101.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/11





Judgment of the General Court of 9 March 2012 — Comité de défense de la viticulture charentaise v Commission
(Case T-192/07) (1)

(Competition - Decision rejecting a complaint - No Community interest - Scope of the complaint - Competence of the author of the act - Obligation to state reasons)
2012/C 126/21
Language of the case: French

Parties


Applicant: Comité de défense de la viticulture charentaise (Sainte-Sévère, France) (represented by: C.-E. Gudin, lawyer)

Defendant: European Commission (represented by: initially F. Arbault and V. Bottka, and subsequently by V. Bottka and L. Malferrari, acting as Agents)

Re:

Application for annulment of Commission Decision SG-Greffe (2007) D/202076 of 3 April 2007 dismissing the complaint in Case COMP/38.863/B2-MODEF in relation to infringements of the EC Treaty

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Comité de défense de la viticulture charentaise to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 170, 21.7.2007.
Council Decision (CFSP) 2015/1967 of 9 March 2012 on the signing and conclusion of the Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations
Date: 2012-03-09
Institutions: Council of the European Union
Subjects: Bosnia and Herzegovina, EU military mission, agreement (EU), international cooperation, international dispute, ratification of an agreement, settlement of disputes, signature of an agreement








L_2015288EN.01000201.xml










4.11.2015   


EN


Official Journal of the European Union


L 288/2








            COUNCIL DECISION (CFSP) 2015/1967
of 9 March 2012
         
on the signing and conclusion of the Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, in particular Article 37 thereof,


Having regard to the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,


Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘the HR’),

Whereas:







(1)


Conditions regarding the participation of third states in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.












(2)


Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations (‘the Agreement’).












(3)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in the European Union crisis management operations is hereby approved on behalf of the Union.
The text of the Agreement is attached to this Decision.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.


Article 3
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.


Article 4
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 9 March 2012.


For the Council


The President

I. AUKEN
Case C-135/12: Action brought on 9 March 2012 — European Commission v Republic of Poland
Date: 2012-03-09
Institutions: Court of Justice
Subjects: crop production, marketing standard, preparation for market, seed








C_2012126EN.01001001.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/10





Action brought on 9 March 2012 — European Commission v Republic of Poland
(Case C-135/12)
2012/C 126/19
Language of the case: Polish

Parties


Applicant: European Commission (represented by: Z. Maluskova and D. Milanowska, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting the laws, regulations and administrative provisions necessary to comply with Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties, (1) and in any event by not informing the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 36 of that directive;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The time-limit for transposition of the directive expired on 31 December 2010.


(1)  OJ 2009 L 312, p. 44.
Case T-417/10: Judgment of the General Court of 9 March 2012 — Cortés del Valle López v OHIM (¡Que buenu ye! HIJOPUTA) (Community trade mark — Application for Community figurative mark ¡Que buenu ye! HIJOPUTA — Absolute ground for refusal — Trade mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009)
Date: 2012-03-09
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, public order, registered trade mark, trade-mark law








C_2012126EN.01001501.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/15





Judgment of the General Court of 9 March 2012 — Cortés del Valle López v OHIM (¡Que buenu ye! HIJOPUTA)
(Case T-417/10) (1)

(Community trade mark - Application for Community figurative mark ¡Que buenu ye! HIJOPUTA - Absolute ground for refusal - Trade mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/2009)
2012/C 126/29
Language of the case: Spanish

Parties


Applicant: Federico Cortés del Valle López (Maliaño, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2010 (Case R 175/2010-2) concerning an application for registration as a Community trade mark of the figurative sign ¡Que buenu ye! HIJOPUTA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Federico Cortés del Valle López to pay the costs.






(1)  OJ C 301, 6.11.2010.
Case F-33/12: Action brought on 9 March 2012 — ZZ v ERCEA
Date: 2012-03-09
Institutions: Civil Service Tribunal
Subjects: administrator, contract, damages, indemnification








C_2012184EN.01002301.xml










23.6.2012   


EN


Official Journal of the European Union


C 184/23





Action brought on 9 March 2012 — ZZ v ERCEA
(Case F-33/12)
2012/C 184/49
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo)

Defendant: European Research Council Executive Agency (ERCEA)

Subject-matter and description of the proceedings

Partial annulment of the applicant’s contract with the ERCEA in the part in which he is graded at AD 10.

Form of order sought







—


Annul the part of the ERCEA’s decision and of the decision to reject the applicant’s complaint in which they classify the applicant at grade 10;










—


Order the ERCEA to pay damages for the material harm sustained by the applicant, calculated on the basis of the salary difference between a CA3a and a CA3b, function group III, in respect of the whole period of his contract with the ERCEA, and for the non-material harm sustained by him, plus compensatory and default interest at the rate of 6.75% for the non-material and material harm sustained;










—


Order the European Research Council Executive Agency (ERCEA) to pay the costs.
Case T-207/11: Judgment of the General Court of 9 March 2012 — EyeSense v OHIM — Osypka Medical (ISENSE) (Community trade mark — Opposition proceedings — Application for Community word mark ISENSE — Earlier national word mark EyeSense — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-03-09
Institutions: General Court
Subjects: EU trade mark, registered trade mark, technology, trade-mark law








C_2012126EN.01001503.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/15





Judgment of the General Court of 9 March 2012 — EyeSense v OHIM — Osypka Medical (ISENSE)
(Case T-207/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ISENSE - Earlier national word mark EyeSense - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 126/31
Language of the case: German

Parties


Applicant: EyeSense AG (Basel, Switzerland) (represented by: N. Aicher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Osypka Medical GmbH (Berlin, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 4 February 2011 (Case R 1098/2010-4), relating to opposition proceedings between EyeSense AG and Osypka Medical GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders EyeSense AG to pay the costs.






(1)  OJ C 194, 2.7.2011.
Case C-133/12 P: Appeal brought on 9 March 2012 by Stichting Woonlinie and Others against the order of the General Court (Seventh Chamber) delivered on 16 December 2011 in Case T-202/10 Stichting Woonlinie and Others v European Commission
Date: 2012-03-09
Institutions: Court of Justice
Subjects: Netherlands, State aid, building subsidy, control of State aid, subsidised housing








C_2012138EN.01000801.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/8






Appeal brought on 9 March 2012 by Stichting Woonlinie and Others against the order of the General Court (Seventh Chamber) delivered on 16 December 2011 in Case T-202/10 Stichting Woonlinie and Others v European Commission
(Case C-133/12 P)
(2012/C 138/13)
Language of the case: Dutch

Parties


Appellants: Stichting Woonlinie, Stichting Allee Wonen, Woningstichting Volksbelang, Stichting WoonInvest, Stichting Woonstede (represented by: P. Glazener and E. Henny, advocaten, and L. Hancher, university teacher)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside in whole or in part the order [of the General Court (Seventh Chamber) of 16 December 2011 in Case T-202/10] in accordance with the pleas in law put forward by this appeal;










—


Refer the case back to the General Court for determination in accordance with the judgment of the Court of Justice;










—


Order the Commission to pay the costs of these proceedings as well as the costs of the proceedings before the General Court.





Pleas in law and main arguments







1.


According to the 
first plea in law
 the General Court infringed European Union law, erred in its assessment of the relevant facts and provided insufficient grounds for the order by regarding the appellants as merely potential beneficiaries of the aid scheme approved by the Commission. The General Court disregards the fact that, before the decision, (1) the appellants benefited from the existing aid measures that were required to be amended as a result of the decision. The appellants are not, therefore, merely potential beneficiaries of the modified aid, but also in fact beneficiaries of the existing aid. In the latter capacity the decision at issue is indeed of individual concern to them.










2.


According to the 
second plea in law
 the General Court infringed European Union law, erred in its assessment of the relevant facts and provided insufficient grounds for the order in ruling that the appellants do not belong to a closed group of existing housing corporations. The purely theoretical possibility that a certain group of beneficiaries of aid might be expanded in the future is not sufficient for it to be regarded as not being a closed group. Furthermore the existing housing corporations do form a closed group, as they are more severely affected by the decision than a hypothetical institution that may yet be approved as a housing corporation after the decision.






(1)  Commission Decision C(2009) 9963 final of 15 December 2009 relating to State aid E 2/2005 and N 642/2009 — (Netherlands) — Existing and special project aid to housing corporations
Euro exchange rates
Date: 2012-03-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2012071EN.01000701.xml










9.3.2012   


EN


Official Journal of the European Union


C 71/7





Euro exchange rates (1)

8 March 2012
2012/C 71/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3242




JPY


Japanese yen


108,18




DKK


Danish krone


7,4344




GBP


Pound sterling


0,83865




SEK


Swedish krona


8,8894




CHF


Swiss franc


1,2050




ISK


Iceland króna


 




NOK


Norwegian krone


7,4210




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,767




HUF


Hungarian forint


292,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6977




PLN


Polish zloty


4,1135




RON


Romanian leu


4,3558




TRY


Turkish lira


2,3514




AUD


Australian dollar


1,2441




CAD


Canadian dollar


1,3178




HKD


Hong Kong dollar


10,2720




NZD


New Zealand dollar


1,6045




SGD


Singapore dollar


1,6593




KRW


South Korean won


1 477,43




ZAR


South African rand


9,9663




CNY


Chinese yuan renminbi


8,3664




HRK


Croatian kuna


7,5575




IDR


Indonesian rupiah


12 097,94




MYR


Malaysian ringgit


3,9772




PHP


Philippine peso


56,430




RUB


Russian rouble


39,3346




THB


Thai baht


40,441




BRL


Brazilian real


2,3298




MXN


Mexican peso


16,9511




INR


Indian rupee


66,7463






(1)  Source: reference exchange rate published by the ECB.
2012/146/EU: Council Decision of 9 March 2012 appointing a Lithuanian member and two Lithuanian alternate members of the Committee of the Regions
Date: 2012-03-09
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Lithuania, appointment of members








L_2012073EN.01000501.xml










13.3.2012   


EN


Official Journal of the European Union


L 73/5








            COUNCIL DECISION
         
of 9 March 2012
         
appointing a Lithuanian member and two Lithuanian alternate members of the Committee of the Regions
(2012/146/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Lithuanian Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Vytas APUTIS. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Gintautas BABRAVIČIUS and Mr Viktor TROFIMOV,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as member:






—


Mr Audrius BIELSKUS, Kazlų Rūdos savivaldybės tarybos narys;




and










(b)


as alternate members:






—


Mr Vincas KAPOČIUS, Trakų rajono savivaldybės tarybos narys (meras),










—


Mr Viktoras TROFIMOVAS, Panevėžio miesto savivaldybės tarybos narys (change of mandate).










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




Done at Brussels, 9 March 2012.


For the Council


The President

I. AUKEN
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Commission Decision of 9 March 2012 on appointment of three new members of the Scientific, Technical and Economic Committee for Fisheries
Date: 2012-03-09
Institutions: European Commission
Subjects: appointment of members, committee (EU), common fisheries policy








C_2012072EN.01002601.xml










10.3.2012   


EN


Official Journal of the European Union


C 72/26





COMMISSION DECISION
of 9 March 2012
on appointment of three new members of the Scientific, Technical and Economic Committee for Fisheries
2012/C 72/06
THE EUROPEAN COMMISSION,
Having regard to Articles 4 and 6 of Commission Decision 2005/629/EC of 26 August 2005 establishing a Scientific, Technical and Economic Committee for Fisheries (1),
Whereas:






(1)


The term of office of the members of the Scientific, Technical and Economic Committee for Fisheries, appointed by Commission Decision dated 27 October 2010 (2), will expire on 31 October 2013.










(2)


The appointment of two members of the said Committee is terminated following their voluntarily resignation in October 2010 and January 2011 respectively.










(3)


The demand for scientific advice for the implementation of the common fisheries policy is increasing.










(4)


In accordance with Article 4 of Decision 2005/629/EC, new members should be appointed for the remainder of the term of office,




HAS DECIDED AS FOLLOWS:
Article 1
The appointment of the following members of the Scientific, Technical and Economic Committee for Fisheries is hereby terminated:






 


Antonio DI NATALE,










 


Andrés URIARTE.




Article 2
The following are hereby appointed members of the Scientific, Technical and Economic Committee for Fisheries:






 


Edmund John SIMMONDS,










 


Guiseppe SCARCELLA,










 


Jenny NORD.




Article 3
Their term of office shall expire on 31 October 2013.
Article 4
The Director-General for Maritime Affairs and Fisheries is hereby instructed to inform the persons concerned of their appointment.
Article 5
The names of the new members of the Committee shall be published in the Official Journal of the European Union.

Done at Brussels, 9 March 2012.


For the Commission

Maria DAMANAKI

Member of the Commission





(1)  OJ L 225, 31.8.2005, p. 18.

(2)  OJ C 292, 28.10.2010, p. 3.
Case T-32/10: Judgment of the General Court of 9 March 2012 — Ella Valley Vineyards v OHIM — HFP (ELLA VALLEY VINEYARDS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ELLA VALLEY VINEYARDS — Earlier national and Community trade marks ELLE — Relative ground for refusal — Likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation (EC) No 207/2009))
Date: 2012-03-09
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, vineyard








C_2012126EN.01001401.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/14





Judgment of the General Court of 9 March 2012 — Ella Valley Vineyards v OHIM — HFP (ELLA VALLEY VINEYARDS)
(Case T-32/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ELLA VALLEY VINEYARDS - Earlier national and Community trade marks ELLE - Relative ground for refusal - Likelihood of association - Link between the signs - Reputation - No similarity of the signs - Article 8(5) of Regulation (EC) No 207/2009))
2012/C 126/27
Language of the case: French

Parties


Applicant: Ella Valley Vineyards (Adulam) Ltd (Jerusalem, Israel) (represented by: C. de Haas and O. Vanner, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hachette Filipacchi Presse (HFP) (Levallois-Perret, France) (represented by: C. Moyou Joly, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2009 (Case R 1293/2008-1), relating to opposition proceedings between Hachette Filipacchi Presse (HFP) and Ella Valley Vineyards (Adulam) Ltd.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 November 2009 (Case R 1293/2008-1);










2.


Orders OHIM to bear its own costs and to pay the costs incurred by Ella Valley Vineyards (Adulam) Ltd;










3.


Orders Hachette Filipacchi Presse (HFP) to bear its own costs.






(1)  OJ C 80, 27.3.2010.