do-me/EUR-LEX huggingface dataset:
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2012-03-29
Institutions: EFTA Surveillance Authority
Subjects: EFTA, Norway, State aid, control of State aid, disabled person, employment aid, large business, small and medium-sized enterprises, wage cost








C_2012092EN.01000401.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/4





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2012/C 92/04
PART I








Aid No


GBER 1/12/TRA




EFTA State


Norway




Granting authority


Name


The Norwegian Labour and Welfare Administration




Address







Postboks 5 St. Olavs plass




0130 Oslo




NORWAY








Webpage


http://www.nav.no




Title of the aid measure


Wage subsidies (Tidsbegrenset lønnstilskudd)




National legal basis (Reference to the relevant national official publication)


Regulation No 1320/2008




Web link to the full text of the aid measure


http://www.lovdata.no/for/sf/ad/xd-20081211-1320.html#map011




Type of measure


Scheme


X




Duration


Scheme


Permanent scheme




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


Apr. NOK 359 million




Aid instrument (Article 5)


Grant


X




PART II








General Objectives (list)


Objectives (list)


Maximum aid intensity in % or Maximum aid amount in NOK


SME — bonuses in %




Aid for disadvantaged and disabled workers (Articles 40-42)


Aid for the recruitment of disadvantaged workers in the form of wage subsidies (Article 40)


Wage subidies up to 50 %, for up to one years


 




Aid for the employment of disabled workers in the form of wage subsidies (Article 41)


Wage subidies up to 60 %, for up to three years


 




Aid for compensating the additional costs of employing disabled workers (Article 42)


… %
Amended Constitution and Rules of Procedure of the International Rubber Study Group *** European Parliament legislative resolution of 29 March 2012 on the draft Council decision on the conclusion by the European Union of the amended Constitution and Rules of Procedure of the International Rubber Study Group (13123/2011 – C7-0332/2011 – 2011/0116(NLE))
Date: 2012-03-29
Institutions: Committee on International Trade, European Parliament
Subjects: international organisation, natural rubber, ratification of an agreement, rules of procedure, synthetic rubber








CE2013257EN.01009301.xml










6.9.2013   


EN


Official Journal of the European Union


CE 257/93





Thursday 29 March 2012Amended Constitution and Rules of Procedure of the International Rubber Study Group ***
P7_TA(2012)0098
European Parliament legislative resolution of 29 March 2012 on the draft Council decision on the conclusion by the European Union of the amended Constitution and Rules of Procedure of the International Rubber Study Group (13123/2011 – C7-0332/2011 – 2011/0116(NLE))
2013/C 257 E/16
(Consent)

The European Parliament,






—


having regard to the draft Council decision (13123/2011),










—


having regard to the amended Constitution and Rules of Procedure of the International Rubber Study Group (13350/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(3) and (4) and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0332/2011),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade (A7-0060/2012),










1.


Consents to the conclusion of the amended Constitution and Rules of Procedure of the International Rubber Study Group;










2.


Calls on the Commission to work on the expansion of the membership base of the International Rubber Study Group, in particular by engaging with the main rubber producing and consuming countries, to closely monitor the workings of the Group, and to report back to the Parliament on any relevant developments within two years of the date of entry into force of the Group's amended Constitution and Rules of Procedure;










3.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States as well as to the International Rubber Study Group.
Withdrawal of notification of a concentration (Case COMP/M.6201 — HSH/Malév)  Text with EEA relevance
Date: 2012-03-29
Institutions: European Commission
Subjects: air transport, carriage of goods, carriage of passengers, merger control, shareholding








C_2012092EN.01001001.xml










29.3.2012   


EN


Official Journal of the European Union


C 92/10





Withdrawal of notification of a concentration
(Case COMP/M.6201 — HSH/Malév)
(Text with EEA relevance)
2012/C 92/07
(Council Regulation (EC) No 139/2004)
On 8 March 2012, the European Commission received a notification of a proposed concentration between HSH and Malév. On 22 March 2012, the notifying party informed the Commission that it withdrew its notification.
Case T-336/07: Judgment of the General Court of 29 March 2012 — Telefónica and Telefónica de España v Commission (Competition — Abuse of a dominant position — Spanish markets for access to broadband internet — Decision declaring an infringement of Article 82 EC — Price-fixing — Margin squeeze — Definition of the markets — Dominant position — Abuse — Calculation of the margin squeeze — Effects of the abuse — Competence of the Commission — Rights of the defence — Subsidiarity — Proportionality — Legal certainty — Sincere cooperation — Principle of sound administration — Fines)
Date: 2012-03-29
Institutions: General Court
Subjects: Spain, dominant position, fine, telecommunications industry, transmission network








C_2012138EN.01001301.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/13






Judgment of the General Court of 29 March 2012 — Telefónica and Telefónica de España v Commission
(Case T-336/07) (1)

(Competition - Abuse of a dominant position - Spanish markets for access to broadband internet - Decision declaring an infringement of Article 82 EC - Price-fixing - Margin squeeze - Definition of the markets - Dominant position - Abuse - Calculation of the margin squeeze - Effects of the abuse - Competence of the Commission - Rights of the defence - Subsidiarity - Proportionality - Legal certainty - Sincere cooperation - Principle of sound administration - Fines)
(2012/C 138/21)
Language of the case: Spanish

Parties


Applicants: Telefónica, SA (Madrid, Spain); and Telefónica de España, SA (Madrid) (represented by: F. González Díaz and S. Sorinas Jimeno, then F. González Díaz, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, É. Gippini Fournier and K. Mojzesowicz, acting as Agents)

Interveners in support of the defendant: France Telecom España, SA (Pozuelo de Alarcon, Spain) (represented by: S. Martínez Lage, H. Brokelmann and M. Ganino, lawyers); Asociación de Usuarios de Servicios Bancarios (Ausbanc Consumo) (Madrid) (represented by: L. Pineda Salido and I. Cámara Rubio, lawyers); and European Competitive Telecommunications Association (Wokingham, United Kingdom) (represented by: M. Di Stefano and A. Salerno, lawyers)

Re:

Annulment of Commission Decision C(2007) 3196 final, of 4 July 2007, relating to proceedings under Article 82 [EC] (Case COMP/38.784 — Wanadoo España v Telefónica), and, in the alternative, annulment or reduction of the fine imposed on the applicants.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Telefónica, SA and Telefónica de España, SA to bear their own costs and to pay those incurred by the European Commission, France Telecom España, SA, the Asociación de Usuarios de Servicios Bancarios (Ausbanc Consumo) and the European Competitive Telecommunications Association, in accordance with the forms of order sought by the latter.






(1)  OJ C 269, 10.11.2007.
Case C-414/10: Judgment of the Court (First Chamber) of 29 March 2012 (reference for a preliminary ruling from the Conseil d’État — France) — Véleclair SA v Ministre du Budget, des Comptes publics et de la Réforme de l’État (VAT — Sixth Directive — Article 17(2)(b) — Taxation of a product imported from a third country — National legislation — Right to deduct VAT on importation — Condition — Actual payment of VAT by the taxable person)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: France, VAT, import (EU), tax relief








C_2012151EN.01000501.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/5





Judgment of the Court (First Chamber) of 29 March 2012 (reference for a preliminary ruling from the Conseil d’État — France) — Véleclair SA v Ministre du Budget, des Comptes publics et de la Réforme de l’État
(Case C-414/10) (1)

(VAT - Sixth Directive - Article 17(2)(b) - Taxation of a product imported from a third country - National legislation - Right to deduct VAT on importation - Condition - Actual payment of VAT by the taxable person)
2012/C 151/08
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Véleclair SA

Defendant: Ministre du Budget, des Comptes publics et de la Réforme de l’État

Re:

Reference for a preliminary ruling — Conseil d’État — Interpretation of Article 17(2)(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — National legislation making the right to deduct value added tax on importation conditional on the actual payment of that tax by the taxable person

Operative part of the judgment

Article 17(2)(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment must be interpreted as not allowing a Member State to make the right to deduct value added tax on importation conditional upon the actual prior payment of that tax by the taxable person where that taxable person is also the holder of the right to deduction.


(1)  OJ C 301, 6.11.2010.
Case T-145/12: Action brought on 29 March 2012 — Bayerische Motoren Werke v OHIM (ECO PRO)
Date: 2012-03-29
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2012165EN.01002901.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/29





Action brought on 29 March 2012 — Bayerische Motoren Werke v OHIM (ECO PRO)
(Case T-145/12)
2012/C 165/49
Language of the case: English

Parties


Applicant: Bayerische Motoren Werke AG (München, Germany) (represented by: C. Onken, lawyer)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 January 2012 in case R 1418/2011-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘ECO PRO’ for goods in classes 9 and 12 — International Registration (IR) No W 1059979

Decision of the Examiner: Refused protection of the International Registration designating the European Union.

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assumed that the International Registration of the applicant’s trademark was devoid of distinctive character within the meaning of this article.
Resolution of the European Economic and Social Committee against discrimination on the grounds of race or ethnic origin, adopted at its 479th plenary session
Date: 2012-03-29
Institutions: European Economic and Social Committee
Subjects: EU national, Internet site, Netherlands, discrimination on the basis of nationality, equal treatment, political parties, xenophobia








C_2012181EN.01000101.xml










21.6.2012   


EN


Official Journal of the European Union


C 181/1





Resolution of the European Economic and Social Committee against discrimination on the grounds of race or ethnic origin, adopted at its 479th plenary session
2012/C 181/01
At its plenary session of 28 and 29 March 2012 (meeting of 29 March), the European Economic and Social Committee adopted the present resolution by 148 votes and 3 abstentions.
‘On 8 February 2012, the Partij voor de Vrijheid PVV (Party for Freedom), launched a website inviting people to express their greviences about people from Eastern and Central Europe working in the Netherlands.
In a resolution of 15 March 2012, the European Parliament roundly condemned this denunciation website. As the representative of organised civil society, the European Economic and Social Committee (EESC) denounces this action and the xenophobia and racism it embodies. The EESC calls on the Dutch people and the Dutch government to take decisive action against this initiative, which can no longer be tolerated.
The EESC and its members affirm the following points:






—


The European Union Treaties and European Charter of Fundamental Rights are based on the principle of non-discrimination. The message sent out by this website goes against this principle, by discriminating against European citizens on grounds of nationality.










—


The EESC condemns all activities that go against fundamental European values, including freedom, equality and respect for human rights.










—


The EESC supports the EP in its call for the Commission and the Council to do their utmost to stop the spread of xenophobic attitudes in the EU.’





Brussels, 29 March 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Case F-28/12: Action brought on 29 March 2012 — ZZ v Commission
Date: 2012-03-29
Institutions: Civil Service Tribunal
Subjects: dust, medical data, newspaper








C_2012174EN.01003102.xml










16.6.2012   


EN


Official Journal of the European Union


C 174/31





Action brought on 29 March 2012 — ZZ v Commission
(Case F-28/12)
2012/C 174/50
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 implied decision rejecting the applicant’s request, first, to remove a sentence from the medical report of 28 February 2008, second, to send the report thus amended to the doctor chosen by the applicant and, third, to remove in general from the file on the work-related injury any information relating the claim, which the applicant maintains is incorrect, that the powder with which the applicant came into contact was ultimately shown to be the white dust of a copy of a newspaper to which the applicant subscribed.

Form of order sought







—


Annul the decision rejecting the applicant’s claims set out in the request of 23 December 2010;










—


In so far as necessary, annul the decision rejecting the complaint of 10 July 2011 against the decision rejecting the request of 23 December 2010;










—


Order the Commission to pay the costs.
Case C-185/10: Judgment of the Court (Third Chamber) of 29 March 2012 — European Commission v Republic of Poland (Failure of a Member State to fulfil obligations — Directive 2001/83/EC — Articles 5 and 6 — Proprietary medicinal products — Medicinal products for human use — Marketing authorisation — Legislation of a Member State exempting medicinal products similar to but cheaper than authorised products from marketing authorisation)
Date: 2012-03-29
Institutions: Court of Justice
Subjects: drug surveillance, import (EU), market approval, pharmaceutical product








C_2012151EN.01000302.xml










26.5.2012   


EN


Official Journal of the European Union


C 151/3





Judgment of the Court (Third Chamber) of 29 March 2012 — European Commission v Republic of Poland
(Case C-185/10) (1)

(Failure of a Member State to fulfil obligations - Directive 2001/83/EC - Articles 5 and 6 - Proprietary medicinal products - Medicinal products for human use - Marketing authorisation - Legislation of a Member State exempting medicinal products similar to but cheaper than authorised products from marketing authorisation)
2012/C 151/05
Language of the case: Polish

Parties


Applicant: European Commission (represented by: M. Šimerdová and K. Herrmann, acting as Agents)

Defendant: Republic of Poland (represented by: M. Szpunar, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 6 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67) — Legislation of a Member State permitting medicinal products having a lower price and characteristics similar to authorised products to be marketed in that State without prior authorisation

Operative part of the judgment

The Court:






1.


Declares that, by adopting and maintaining in force Article 4 of the Law on Medicinal Products (Prawo farmaceutyczne) of 6 September 2001, as amended by the Law of 30 March 2007, inasmuch as that statutory provision dispenses with the requirement for a marketing authorisation for medicinal products from abroad which have the same active substances, the same dosage and the same form as those having obtained a marketing authorisation in Poland, on condition that, in particular, the price of those imported medicinal products is competitive in relation to the price of products having obtained such authorisation, the Republic of Poland has failed to fulfil its obligations under Article 6 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 209, 31.7.2010.
Case T-248/07: Judgment of the General Court of 29 March 2012 — Czech Republic v Commission (Agriculture — Common organisation of the markets — Measures to be adopted due to the accession of new Member States — Act of Accession of 2003 — Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination — Objective pursued by a provision of primary legislation — Decision 2007/361/EC)
Date: 2012-03-29
Institutions: General Court
Subjects: Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, accession to the European Union, agricultural surplus, surplus stock








C_2012138EN.01001201.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/12






Judgment of the General Court of 29 March 2012 — Czech Republic v Commission
(Case T-248/07) (1)

(Agriculture - Common organisation of the markets - Measures to be adopted due to the accession of new Member States - Act of Accession of 2003 - Determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination - Objective pursued by a provision of primary legislation - Decision 2007/361/EC)
(2012/C 138/19)
Language of the case: Czech

Parties


Applicant: Czech Republic (represented: initially by T. Boček, and subsequently by: M. Smolek, acting as Agents)

Defendant(s): European Commission (represented by: H. Tserepa-Lacombe and Z. Malůšková, acting as Agents)

Interveners in support of the applicant: Slovak Republic (represented: initially by J. Čorba, and subsequently by: B. Ricziová, acting as Agents); Republic of Poland (represented: initially by T. Nowakowski; subsequently by: M. Dowgielewicz; and finally by: M. Szpunar, B. Majczyna and D. Krawczyk, acting as Agents)

Re:

Application for annulment of Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2007 L 138, p. 14).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2007/361/EC of 4 May 2007 on the determination of surplus stocks of agricultural products other than sugar and the financial consequences of their elimination in relation to the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia;










2.


Dismisses the remainder of the action;










3.


Orders the European Commission to pay the costs incurred by the Czech Republic and to bear its own costs;










4.


Orders the Slovak Republic and the Republic of Poland to bear their own costs.






(1)  OJ C 211, 8.9.2007.
Case T-369/10: Judgment of the General Court of 29 March 2012 — You-Q BV v OHIM — Apple Corps (BEATLE) (Community trade mark — Opposition proceedings — Application for Community figurative mark BEATLE — Earlier national and Community word and figurative marks BEATLES and THE BEATLES — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 — Reputation — Unfair advantage taken of the distinctive character or reputation of the earlier marks)
Date: 2012-03-29
Institutions: General Court
Subjects: EU trade mark, music, registered trade mark, trade-mark law








C_2012138EN.01001603.xml










12.5.2012   


EN


Official Journal of the European Union


C 138/16






Judgment of the General Court of 29 March 2012 — You-Q BV v OHIM — Apple Corps (BEATLE)
(Case T-369/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BEATLE - Earlier national and Community word and figurative marks BEATLES and THE BEATLES - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Reputation - Unfair advantage taken of the distinctive character or reputation of the earlier marks)
(2012/C 138/30)
Language of the case: English

Parties


Applicant: You-Q BV, formerly Handicare Holding BV (Helmond, Netherlands) (represented by: G. van Roeyen)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Apple Corps Ltd (London, United Kingdom) (represented by: A. Terry, Solicitor, and F. Clark, Barrister)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 31 May 2010 (Case R 1276/2009-2) concerning opposition proceedings between Apple Corps Ltd and Movingpeople.net International BV

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders You-Q BV to pay the costs.






(1)  OJ C 301, 6.11.2010.