do-me/EUR-LEX huggingface dataset:
Case C-340/10: Judgment of the Court (Fourth Chamber) of 15 March 2012 — European Commission v Republic of Cyprus (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 4(1) and 12(1) — Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down — System of protection for the species Natrix natrix cypriaca (Cypriot grass snake))
Date: 2012-03-15
Institutions: Court of Justice
Subjects: protected area, protection of animal life, wildlife








C_2012133EN.01000601.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/6





Judgment of the Court (Fourth Chamber) of 15 March 2012 — European Commission v Republic of Cyprus
(Case C-340/10) (1)

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Articles 4(1) and 12(1) - Failure to include Paralimni Lake as a site of Community importance within the time-limit laid down - System of protection for the species Natrix natrix cypriaca (Cypriot grass snake))
2012/C 133/09
Language of the case: Greek

Parties


Applicant: European Commission (represented by: G. Zavvos and D. Recchia, acting as Agents)

Defendant: Republic of Cyprus (represented by: K. Lykourgos and M. Chatzigeorgiou, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 4(1) and 12(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Failure to include Paralimni Lake in the national list of sites eligible for identification as sites of Community importance — Failure to establish a system of protection for the species Natrix natrix cypriaca (Cypriot grass snake)

Operative part of the judgment

The Court:






1.


Declares that the Republic of Cyprus,






—


by not having included the site of Paralimni Lake in the national list of proposed sites of Community importance,










—


by tolerating activities which seriously compromise the ecological characteristics of Paralimni Lake and by not having taken the protective measures necessary to maintain the population of Natrix natrix cypriaca (Cypriot grass snake), the species which constitutes the ecological interest of the lake and Xyliatos Dam, and










—


by not having taken the requisite measures to establish and apply a system of strict protection for that species,




has failed to fulfil its obligations under Article 4(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Council Directive 2006/105/EC of 20 November 2006, under Directive 92/43, as amended, and under Article 12(1) of Directive 92/43, as amended, respectively;










2.


Orders the Republic of Cyprus to pay the costs.






(1)  OJ C 246, 11.9.2010.
No State aid within the meaning of Article 61(1) of the EEA Agreement
Date: 2012-03-15
Institutions: EFTA Surveillance Authority
Subjects: Iceland, State aid, control of State aid, electrical energy, energy production, metallurgical industry








C_2012076EN.01000901.xml










15.3.2012   


EN


Official Journal of the European Union


C 76/9





No State aid within the meaning of Article 61(1) of the EEA Agreement
2012/C 76/06
The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:







Date of adoption of the decision


:


14 December 2011




Case number


:


68563




Decision number


:


391/11/COL




EFTA State


:


Iceland




Title


:


Power contract between Landsvirkjun and Alcan Iceland Ltd.




Legal basis


:


Act No 42/1983 on Landsvirkjun; Power contract between Landsvirkjun and Alcan Iceland Ltd.




Objective


:


Not applicable




Duration


:


24 years




Economic sectors


:


Power generation/metal industry




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case C-46/11: Judgment of the Court (Eighth Chamber) of 15 March 2012 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Inadequate protection of certain species, including the otter (Lutra Lutra))
Date: 2012-03-15
Institutions: Court of Justice
Subjects: protected area, protection of animal life, protection of plant life








C_2012133EN.01000901.xml










5.5.2012   


EN


Official Journal of the European Union


C 133/9





Judgment of the Court (Eighth Chamber) of 15 March 2012 — European Commission v Republic of Poland
(Case C-46/11) (1)

(Failure of a Member State to fulfil obligations - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Inadequate protection of certain species, including the otter (Lutra Lutra))
2012/C 133/14
Language of the case: Polish

Parties


Applicant: European Commission (represented by: S. Petrova and K. Hermann, Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, D. Krawczyk and B. Majczyna, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Article 16(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Inadequate protection of certain species, including the otter (Lutra Lutra)

Operative part of the judgment

The Court:






1.


Declares that, by failing to transpose correctly the conditions governing the derogations laid down in Article 16(1) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, the Republic of Poland has failed to comply with its obligations under that provision;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 103, 2.4.2011.
Science Capacity Building in Africa: promoting European-African radio astronomy partnerships Declaration of the European Parliament of 15 March 2012 on Science Capacity Building in Africa: promoting European-African radio astronomy partnerships
Date: 2012-03-15
Institutions: European Parliament
Subjects: Africa, astronomy, development aid, economic development, scientific cooperation, social development








CE2013251EN.01011501.xml










31.8.2013   


EN


Official Journal of the European Union


CE 251/115





Thursday 15 March 2012Science Capacity Building in Africa: promoting European-African radio astronomy partnerships
P7_TA(2012)0095
Declaration of the European Parliament of 15 March 2012 on Science Capacity Building in Africa: promoting European-African radio astronomy partnerships
2013/C 251 E/22

The European Parliament,






—


having regard to the Joint Africa-EU Strategy, which aims at strengthening science and technology cooperation between the EU and Africa,










—


having regard to the Millennium Development Goals, which identify the essential role of science and technology for socio-economic transformation,










—


having regard to Rule 123 of its Rules of Procedure,










A.


recognising the value of research infrastructures in facilitating cooperation with Africa, promoting human capital development and addressing societal challenges, as noted in the Innovation Union and Europe 2020 Strategy,










B.


acknowledging Africa’s unique competitive advantage in the study of radio astronomy, reflected in the extensive existing radio astronomy projects located in Africa (PAPER, VLBI network, MeerKAT, etc.),










C.


recognising that further European involvement in African radio astronomy can become a powerful driver of socioeconomic growth in Africa and create a new range of market opportunities for both continents,










1.


Urges the Commission, Council and the parliaments of the Member States to:






(a)


support the development of science capacity in Africa through greater investment in research infrastructures, with particular focus on radio astronomy projects,










(b)


promote the science of radio astronomy and the innovation and research potential of radio astronomy initiatives in future Africa-EU partnerships,










(c)


mobilise EU funding mechanisms, including the Framework Programmes and the Development Cooperation Instrument, to support these objectives;














2.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States.






(1)  The list of signatories is published in Annex 1 to the Minutes of 15 March 2012 (P7_PV(2012)03-15(ANN1)).
Case T-288/08: Judgment of the General Court of 15 March 2012 — Cadila Healthcare v OHIM — Novartis (ZYDUS) (Community trade mark — Opposition proceedings — Application for the Community word mark ZYDUS — Earlier Community word mark ZIMBUS — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2012-03-15
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012126EN.01001102.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/11





Judgment of the General Court of 15 March 2012 — Cadila Healthcare v OHIM — Novartis (ZYDUS)
(Case T-288/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ZYDUS - Earlier Community word mark ZIMBUS - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2012/C 126/22
Language of the case: English

Parties


Applicant: Cadila Healthcare Ltd (Ahmedabad, India) (represented by: S. Bailey, F. Potin, and A. Juaristi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 May 2008 (Case R 1092/2007-2), relating to opposition proceedings between Novartis AG and Cadila Healthcare Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the application for a ruling that there is no need to adjudicate;










2.


Dismisses the action;










3.


Orders Cadila Healthcare Ltd to pay the costs.






(1)  OJ C 247, 27.9.2008.
Introduction of the programme ‘Chess in School’ in the educational systems of the European Union Declaration of the European Parliament of 15 March 2012 on the introduction of the programme ‘Chess in School’ in the educational systems of the European Union
Date: 2012-03-15
Institutions: European Parliament
Subjects: educational system, gaming, personal development, teaching curriculum








CE2013251EN.01011602.xml










31.8.2013   


EN


Official Journal of the European Union


CE 251/116





Thursday 15 March 2012Introduction of the programme ‘Chess in School’ in the educational systems of the European Union
P7_TA(2012)0097
Declaration of the European Parliament of 15 March 2012 on the introduction of the programme ‘Chess in School’ in the educational systems of the European Union
2013/C 251 E/24

The European Parliament,






—


having regard to Articles 6 and 165 of the Treaty on the Functioning of the European Union,










—


having regard to Rule 123 of its Rules of Procedure,










A.


whereas the Treaty on the Functioning of the European Union, in its Article 6, provides that sport is among the areas ‘where the Union shall have competences to carry out actions to support, coordinate or supplement the actions of the Member States’;










B.


whereas chess is an accessible game for children from every social group and can help social cohesion and contribute to policy objectives such as social integration, combating discrimination, reducing crime rates and even the fight against various addictions;










C.


whereas whatever the age of the child, chess can improve children’s concentration, patience and persistence and can develop the sense of creativity, intuition, memory, and analytic and decision-making skills; whereas chess also teaches determination, motivation and sportsmanship;










1.


Calls on the Commission and the Member States to encourage the introduction of the programme ‘Chess in School’ in the educational systems of the Member States;










2.


Calls on the Commission, in its forthcoming communication on sport, to pay the necessary attention to the program ‘Chess in School’ and to ensure sufficient funding for it from 2012 onwards;










3.


Calls on the Commission to take into consideration the results of any studies on the effects of this programme on children’s development;










4.


Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission and to the Parliaments of the Member States.






(1)  The list of signatories is published in Annex 3 to the Minutes of 15 March 2012 (P7_PV(2012)03-15(ANN3)).
Case C-138/12: Reference for a preliminary ruling from the Administrativen Sad Varna (Bulgaria) lodged on 15 March 2012 — Rusedespred OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
Date: 2012-03-15
Institutions: Court of Justice
Subjects: VAT, equal treatment, interpretation of the law, tax exemption, tax rebate








C_2012151EN.01002402.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/24





Reference for a preliminary ruling from the Administrativen Sad Varna (Bulgaria) lodged on 15 March 2012 — Rusedespred OOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
(Case C-138/12)
2012/C 151/38
Language of the case: Bulgarian

Referring court

Administrativen Sad Varna (Bulgaria)

Parties to the main proceedings


Applicant: Rusedespred OOD

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — gr. Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite

Questions referred







1.


Is a taxable person entitled, in accordance with the principle of neutrality, to claim a refund of incorrectly invoiced and undue VAT within the limitation period laid down where, under national law, the transaction in respect of which he has charged the tax is exempt from VAT, the risk of any loss of tax revenue has been eliminated and the provision of national law governing the correction of invoices is inapplicable?










2.


Do the common system of value added tax and the principles of neutrality, effectiveness and equal treatment preclude the refusal by a revenue authority, on the basis of a national provision transposing Article 203 of Council Directive 2006/112 (1) of 28 November 2006 on the common system of value added tax, to refund to a taxable person the VAT which that person has entered on an invoice where that tax is not owed, because the transaction in question is exempt from VAT, but was invoiced, charged and paid in error, in so far as the purchaser of the goods or recipient of the service has already been refused the right to deduct tax in respect of the same transaction by a final tax assessment notice on the ground that the supplier of goods or services charged the tax unlawfully?










3.


Can a taxable person rely directly on the principles governing the common system of value added tax, in particular the principles of tax neutrality and effectiveness, in order to object to a national provision or its application by the tax authorities or the courts in breach of the aforementioned principles or to the failure by a national provision to observe those principles?






(1)  OJ 2006 L 347, p. 1.
Council Decision 2012/152/CFSP of 15 March 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran
Date: 2012-03-15
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, exchange of information, international sanctions




L_2012077EN.01001801.xml










16.3.2012   


EN


Official Journal of the European Union


L 77/18








            COUNCIL DECISION 2012/152/CFSP
of 15 March 2012
         
amending Decision 2010/413/CFSP concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 26 July 2010, the Council adopted Decision 2010/413/CFSP concerning restrictive measures against Iran (1).












(2)


On 23 January 2012, the Council adopted Decision 2012/35/CFSP amending Decision 2010/413/CFSP (2), in response to its serious and deepening concerns over the nature of Iran's nuclear programme.












(3)


In this context, the application of targeted financial measures by providers of specialised financial messaging services should be further developed, consistent with Decision 2010/413/CFSP.












(4)


Decision 2010/413/CFSP should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 20 of Decision 2010/413/CFSP, the following paragraph is added:

‘12.   Without prejudice to the exemptions provided for in this Article, it shall be prohibited to supply specialised financial messaging services, which are used to exchange financial data, to the persons and entities referred to in paragraph 1.’.



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




Done at Brussels, 15 March 2012.


For the Council


The President

N. WAMMEN
            





(1)  
            OJ L 195, 27.7.2010, p. 39.

(2)  
            OJ L 19, 24.1.2012, p. 22.
Case T-236/09: Judgment of the General Court of 15 March 2012 — Evropaïki Dynamiki v Commission (Public service contracts — Tendering procedure — External service provision for development, studies and support of information systems — Rejection of a tenderer’s bids — Obligation to state reasons — Equal treatment — Transparency — Manifest error of assessment — Non-contractual liability)
Date: 2012-03-15
Institutions: General Court
Subjects: award of contract, information system, invitation to tender, provision of services








C_2012126EN.01001302.xml










28.4.2012   


EN


Official Journal of the European Union


C 126/13





Judgment of the General Court of 15 March 2012 — Evropaïki Dynamiki v Commission
(Case T-236/09) (1)

(Public service contracts - Tendering procedure - External service provision for development, studies and support of information systems - Rejection of a tenderer’s bids - Obligation to state reasons - Equal treatment - Transparency - Manifest error of assessment - Non-contractual liability)
2012/C 126/26
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by N. Korogiannakis and M. Dermitzakis, lawyers)

Defendant: European Commission (represented initially by N. Bambara and subsequently by E. Manhaeve, Agents, and by P. Wytinck and B. Hoorelbeke, lawyers)

Re:

APPLICATION, first, for annulment of the Commission’s decisions of 27 March 2009 rejecting the applicant’s tenders for, respectively, lot 1, ‘On-site development expertise (intra muros)’, and lot 2, ‘Off-site development (extra muros)’, in Call for Tenders RTD-R4-2007-001 on external service provision for development, studies and support of information systems for the Commission (OJ 2007 S 238), and the decisions to award the lots to other tenderers and, second, for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and those incurred by the European Commission.






(1)  OJ C 193, 15.8.2009.
Case T-123/12: Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
Date: 2012-03-15
Institutions: General Court
Subjects: EU trade mark, electronic device, registered trade mark, trade-mark law








C_2012157EN.01000801.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/8





Action brought on 15 March 2012 — Smartbook v OHIM (SMARTBOOK)
(Case T-123/12)
2012/C 157/13
Language of the case: German

Parties


Applicant: Smartbook AG (Offenburg, Germany) (represented by C. Milbradt and A. Schwarz, lawyers)

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

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 December 2011 (Case R 799/2011-2);










—


order the defendant to pay the costs including the costs incurred in the course of the appeal procedure.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘SMARTBOOK’ (application No 8 426 348) for goods in Classes 9, 16 and 28

Decision of the Examiner: rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has distinctive character and is not descriptive of the goods at issue.
Notice of open competitions
Date: 2012-03-15
Institutions: European Personnel Selection Office
Subjects: EPSO, administrator, audit, communications profession, competition (EU), foreign policy, legal profession, public administration








C_2012076EN.01001201.xml










15.3.2012   


EN


Official Journal of the European Union


C 76/12





NOTICE OF OPEN COMPETITIONS
2012/C 76/09
The European Personnel Selection Office (EPSO) is organising the following open competitions:






 


EPSO/AD/230/12 — Administrators (AD 5)
and










 


EPSO/AD/231/12 — Administrators (AD 7)




in the following fields:






1.


European public administration










2.


Law










3.


Audit










4.


Communication










5.


External relations




The competition notice is published in Official Journal C 76 A of 15 March 2012.
Further details can be found on the EPSO website: http://eu-careers.eu
Non-opposition to a notified concentration (Case COMP/M.6473 — Sun Capital/Elix)  Text with EEA relevance
Date: 2012-03-15
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, petrochemicals








C_2012076EN.01000601.xml










15.3.2012   


EN


Official Journal of the European Union


C 76/6





Non-opposition to a notified concentration
(Case COMP/M.6473 — Sun Capital/Elix)
(Text with EEA relevance)
2012/C 76/03
On 9 March 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6473. EUR-Lex is the on-line access to the European law.