do-me/EUR-LEX huggingface dataset:
Case T-144/12: Action brought on 30 March 2012 — Comsa v OHIM — COMSA (COMSA)
Date: 2012-03-30
Institutions: General Court
Subjects: EU trade mark, registered trade mark, renewable energy, trade-mark law








C_2012194EN.01002003.xml










30.6.2012   


EN


Official Journal of the European Union


C 194/20





Action brought on 30 March 2012 — Comsa v OHIM — COMSA (COMSA)
(Case T-144/12)
2012/C 194/34
Language in which the application was lodged: Spanish

Parties


Applicant: Comsa, SA (Barcelona, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal: Constructora de obras municipales, SA (COMSA) (Madrid, Spain)

Form of order sought







—


Uphold the action and declare that points 2, 3 and 5 of the decision of the Second Board of Appeal of 10 January 2012 in Joined Cases R 518/2011-2 and R 795/2011-2 are not consistent with Council Regulation (EC) No 40/94 on the Community trade mark (now Regulation (EC) No 207/2009);










—


order the defendant and, where appropriate the intervener, to pay all the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Constructora de obras municipales, SA (COMSA)

Community trade mark concerned: Word mark ‘COMSA’ for goods and services in Classes 19, 35, 36, 37, 39 and 42 — Community trade mark application No 7 091 051

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Company name (business name) ‘COMSA S.A.’ and unregistered mark ‘COMSA’

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: The appeals of the applicant and of the defendant upheld in part

Pleas in law: Infringement of Article 8(4) of Regulation No 207/2009
Decision of the EEA Joint Committee No 58/2012 of 30 March 2012 amending Annex XIII (Transport) to the EEA Agreement
Date: 2012-03-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, revision of an agreement, transport safety, vehicle on rails




L_2012207EN.01003801.xml










2.8.2012   


EN


Official Journal of the European Union


L 207/38








            DECISION OF THE EEA JOINT COMMITTEE
         
No 58/2012
of 30 March 2012
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 27/2012 of 10 February 2012 (1).












(2)


Commission Regulation (EU) No 445/2011 of 10 May 2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007 (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
Annex XIII to the Agreement shall be amended as follows:






(1)


the following shall be added in point 42ea (Commission Regulation (EC) No 653/2007):

                              ‘, as amended by:






—



32011 R 0445: Commission Regulation (EU) No 445/2011 of 10 May 2011 (OJ L 122, 11.5.2011, p. 22).’;














(2)


the following point shall be inserted after point 42ef (Commission Regulation (EU) No 1158/2010):






‘42eg.



32011 R 0445: Commission Regulation (EU) No 445/2011 of 10 May 2011 on a system of certification of entities in charge of maintenance for freight wagons and amending Regulation (EC) No 653/2007 (OJ L 122, 11.5.2011, p. 22).’.










Article 2
The text of Regulation (EU) No 445/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 31 March 2012, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 March 2012.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 161, 21.6.2012, p. 33.

(2)  
            OJ L 122, 11.5.2011, p. 22.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 47/2012 of 30 March 2012 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2012-03-30
Institutions: EEA Joint Committee
Subjects: European Economic Area, health control, medicinal product, revision of an agreement, small and medium-sized enterprises




L_2012207EN.01002701.xml










2.8.2012   


EN


Official Journal of the European Union


L 207/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 47/2012
of 30 March 2012
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 10/2012 of 10 February 2012 (1).












(2)


Commission Regulation (EC) No 668/2009 of 24 July 2009 implementing Regulation (EC) No 1394/2007 of the European Parliament and of the Council with regard to the evaluation and certification of quality and non-clinical data relating to advanced therapy medicinal products developed by micro, small and medium-sized enterprises (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following point shall be inserted after point 15zl (Commission Decision 2008/911/EC) in Chapter XIII of Annex II to the Agreement:






‘15zm.



32009 R 0668: Commission Regulation (EC) No 668/2009 of 24 July 2009 implementing Regulation (EC) No 1394/2007 of the European Parliament and of the Council with regard to the evaluation and certification of quality and non-clinical data relating to advanced therapy medicinal products developed by micro, small and medium-sized enterprises (OJ L 194, 25.7.2009, p. 7)’.






Article 2
The text of Regulation (EC) No 668/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 31 March 2012, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 March 2012.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 161, 21.6.2012, p. 16.

(2)  
            OJ L 194, 25.7.2009, p. 7.

(*1)  No constitutional requirements indicated.
Case C-153/12: Reference for a preliminary ruling from the Administrativen sad — Varna (Bulgaria), lodged on 30 March 2012 — Sani Treid EOOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
Date: 2012-03-30
Institutions: Court of Justice
Subjects: Bulgaria, VAT, tax collection, tax exemption








C_2012165EN.01001401.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/14





Reference for a preliminary ruling from the Administrativen sad — Varna (Bulgaria), lodged on 30 March 2012 — Sani Treid EOOD v Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite
(Case C-153/12)
2012/C 165/22
Language of the case: Bulgarian

Referring court

Administrativen sad — Varna

Parties to the main proceedings


Applicant: Sani Treid EOOD

Defendant: Direktor na Direktsia ‘Obzhalvane i upravlenie na izpalnenieto’ — Varna pri Tsentralno Upravlenie na Natsionalnata Agentsia za Prihodite (Director of the ‘Appeals and Administration of Enforcement’ Directorate, for the City of Varna, at the Central Office of the National Revenue Agency)

Questions referred







1.


Is the concept of a chargeable event within the meaning of Article 62(1) of Council Directive 2006/112/EC (1) of 28 November 2006 on the common system of value added tax to be interpreted as also covering cases of exempt transactions, including transactions effected by a person who does not have the status of a taxable person within the meaning of Title III of Directive 2006/112 or that of a person liable for payment within the meaning of Title XI, Chapter 1, Section 1, of that directive?










2.


Do Articles 62 and 63 of Directive 2006/112 preclude a national provision under which the chargeable event occurs at the time when the exempt transaction is performed, rather than at the time when the condition that that transaction be taxed is satisfied?










3.


Does Article 63 of Directive 2006/112 preclude a national provision and a national practice whereby the chargeable event in respect of a supply of parts of a building occurs not at the time when ownership is transferred but earlier, that is to say, at the time of the provision of the agreed consideration, which constitutes an exempt transaction effected by a person who does not have the status of a taxable person or that of a person liable for payment?










4.


Does Article 65 of Directive 2006/112 preclude a national provision which links the chargeability to VAT to a payment which is fully or partially determined in goods or services?










5.


Do Articles 73 and 80 of Directive 2006/112 preclude a national provision under which, where the consideration for a transaction is fully or partially determined in goods or services, the basis of assessment for taxation of that transaction is in all cases its open market value?






(1)  OJ 2006 L 347, p. 1.
Case T-147/12: Action brought on 30 March 2012 — Wünsche Handelsgesellschaft International v Commission
Date: 2012-03-30
Institutions: General Court
Subjects: China, equal treatment, import (EU), infringement of EU law, mushroom-growing, originating product, principle of proportionality, tariff exemption








C_2012165EN.01002902.xml










9.6.2012   


EN


Official Journal of the European Union


C 165/29





Action brought on 30 March 2012 — Wünsche Handelsgesellschaft International v Commission
(Case T-147/12)
2012/C 165/50
Language of the case: German

Parties


Applicant: Wünsche Handelsgesellschaft International mbH & Co KG (Hamburg, Germany) (represented by: K. Landry and G. Schwendinger, lawyers)

Defendant: European Commission

Form of order sought







—


Annul Commission Decision REM 02/09 of 16 September 2011 (C(2011) 6393 final);










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

The applicant seeks annulment of Commission Decision REM 02/09 of 16 September 2011 (C(2011) 6393 final) determining that remission of import duties is not justified in a particular case, which concerns imports by the applicant of preserved mushrooms of the genus Agaricus — country of origin, China — in 2004 and 2006.
In support of the action, the applicant relies on the following pleas in law.






1.


Infringement of Article 220(2)(b) of the Customs Code






—


The applicant is doubtful about the Commission’s assessment that there was an error on the part of the German customs authorities in the present case.










—


In any event, the applicant does not recognise the (alleged) error. The applicant, who acted in good faith and is experienced, cannot be accused of a lack of due care. In view of the complex legal position and the longstanding practice of the German authorities, the applicant can claim a legitimate expectation.














2.


Infringement of Article 239 of the Customs Code






—


The Commission made a procedural legal error in that, by means of a simple reference to refusal pursuant to Article 220(2)(b) of the Customs Code, it summarily also denied remission of import duties under Article 239 of the Customs Code, without any separate assessment.










—


Furthermore, the Commission also committed a substantive legal error in failing to recognise that there are ‘special circumstances’ for the purposes of Article 239 of the Customs Code in the present case, and that the criteria for remission under that provision were satisfied.














3.


Infringement of general legal principles
The applicant further claims that, in adopting the contested decision, the Commission infringed the primary-law principle of protection of legitimate expectations, the principle of proportionality, the principle of good administration and the principle of equal treatment.
Statement of revenue and expenditure of the European Research Council Executive Agency for the financial year 2012
Date: 2012-03-30
Institutions: European Commission, European Research Council Executive Agency
Subjects: EU office or agency, EU research policy, administrative expenditure (EU), budgetary resources, financial year, operational expenditure (EU), publication of accounts

30.3.2012

EN

Official Journal of the European Union

C 95/157

Statement of revenue and expenditure of the European Research Council Executive Agency 
for the financial year 2012

(2012/C 95/29)

C 95/158

EN

Official Journal of the European Union

30.3.2012

Title
Chapter

9 

9 2

9 9

REVENUE

(1)

Heading

Financial year 2012

Financial year 2011

Financial year 2010

EUROPEAN UNION SUBSIDY

EUROPEAN UNION SUBSIDY

MISCELLANEOUS REVENUE

39 000 000

35 600 737

p.m.

p.m.

Title 9 — Total

39 000 000

35 600 737

0,—

0,—

(1)  Detailed budget available on the ERCEA website http://erc.europa.eu/

GRAND TOTAL

39 000 000

35 600 737

0,—

30.3.2012

EN

Official Journal of the European Union

C 95/159

Title
Chapter

Heading

Appropriations 2012

Appropriations 2011

Outturn 2010

EXPENDITURE

1 

1 1

1 2

1 3

1 4

1 6

1 7

2 

2 0

2 1

2 2

2 3

2 4

2 5

2 6

2 7

STAFF EXPENDITURE

SALARIES, ALLOWANCES AND OTHER PERSONNEL CHARGES

22 346 150

20 973 387

SUNDRIES OF RECRUITMENT AND CHANGE OF PERSONNEL

MISSION EXPENSES AND OTHER RELATED EXPENSES

SOCIAL INFRASTRUCTURE AND TRAINING EXPENSES

SOCIAL SERVICE: OTHER EXPENSES

REPRESENTATION AND ENTERTAINMENT EXPENSES

101 000

470 000

762 000

384 000

23 000

150 500

350 000

592 100

232 000

20 000

Title 1 — Total

24 086 150

22 317 987

INFRASTRUCTURE AND OPERATING EXPENDITURE

OFFICES

INFORMATICS

MOVABLE PROPERTY AND ASSOCIATED EXPENSES

CURRENT ADMINISTRATIVE EXPENDITURE

TELECOMMUNICATIONS AND POSTAL EXPENSES

INTERNAL MEETINGS EXPENSES

TECHNICAL AND ADMINISTRATIVE SUPPORT EXPENSES

EXPENSES WITH CONSOLIDATED ENTITIES

5 487 000

6 499 000

121 500

98 750

746 100

16 500

1 687 000

272 000

4 615 000

5 633 000

224 000

96 750

891 000

16 000

1 564 000

243 000

Title 2 — Total

14 927 850

13 282 750

GRAND TOTAL

39 014 000

35 600 737

C 95/160

EN

Official Journal of the European Union

30.3.2012

Establishment plan

Function group and grade

2012

2011

Permanent posts

Temporary posts

Permanent posts

Temporary posts

AD 16

AD 15

AD 14

AD 13

AD 12

AD 11

AD 10

AD 9

AD 8

AD 7

AD 6

AD 5

Total Function Group AD

AST 11

AST 10

AST 9

AST 8

AST 7

AST 6

AST 5

AST 4

AST 3

AST 2

AST 1

Total Function Group AST

Total staff

———

———

—1—

—3—

—5—

—2—

—3—

—3—

—

—

—

—6—

—

———

———

———

———

———

———

———

———

———

———

———

—

—

27

40

10

100

—

100

—

—

—

—

—

—

—

—

1

3

5

2

3

3

27

40

10

6

100

—

—

—

—

—

—

—

—

—

—

—

—

100
Judgment of the Court of 30 March 2012 in Case E-7/11 — Grund, elli- og hjúkrunarheimili v the Icelandic Medicines Agency (Lyfjastofnun) (Directive 2001/83/EC — Free movement of goods — Pharmaceuticals — Parallel import — Control reports — Protection of public health — Justification — Language requirements for labelling and package leaflets)
Date: 2012-03-30
Institutions: EFTA Court
Subjects: Iceland, Norway, free movement of goods, import, labelling, linguistics, marketing, pharmaceutical product, public health








C_2012307EN.01002401.xml










11.10.2012   


EN


Official Journal of the European Union


C 307/24





JUDGMENT OF THE COURT
of 30 March 2012
in Case E-7/11
Grund, elli- og hjúkrunarheimili v the Icelandic Medicines Agency (Lyfjastofnun)
(Directive 2001/83/EC — Free movement of goods — Pharmaceuticals — Parallel import — Control reports — Protection of public health — Justification — Language requirements for labelling and package leaflets)
2012/C 307/10
In Case E-7/11 Grund, elli- og hjúkrunarheimili v the Icelandic Medicines Agency (Lyfjastofnun) — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Héraðsdómur Reykjavíkur (Reykjavik District Court) concerning the interpretation of Directive 2001/83/EC and Articles 11 and 13 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 30 March 2012, the operative part of which is as follows:






1.


The national authorities may make importation by a health care institution, such as the Plaintiff, for use by the people in the care of the institution, of medicinal products from Norway which have been granted national marketing authorisation in Norway, and which are identical or essentially similar to products which have national marketing authorisation in Iceland, subject to a parallel import licence.
Such a licence must be issued under a procedure limited to controlling that the medicinal products in question have a valid marketing authorisation in the EEA State of export, and that the product is identical or essentially similar to products having marketing authorisation in the EEA State of importation.
In this context, the national authorities may not require parallel importers, such as the Plaintiff, to submit manufacturing control reports. Such a practice cannot be justified under Article 13 EEA.










2.


When a medicinal product is not intended to be delivered directly to the patient, the competent authorities’ right to grant exemptions under Article 63(3) of Directive 2001/83/EC is limited by the general principles of EEA law. The discretion must not be exercised in a disproportionate, arbitrary or abusive, in particular protectionist, manner.
Decision of the EEA Joint Committee No 73/2012 of 30 March 2012 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2012-03-30
Institutions: EEA Joint Committee
Subjects: EU statistics, European Economic Area, occupational health, public health, revision of an agreement




L_2012207EN.01005301.xml










2.8.2012   


EN


Official Journal of the European Union


L 207/53








            DECISION OF THE EEA JOINT COMMITTEE
         
No 73/2012
of 30 March 2012
         
amending Annex XXI (Statistics) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 30/2012 of 10 February 2012 (1).












(2)


Commission Regulation (EU) No 328/2011 of 5 April 2011 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on Community statistics on public health and health and safety at work, as regards statistics on causes of death (2) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



Article 1
The following point shall be inserted after point 18z (Regulation (EC) No 1338/2008 of the European Parliament and of the Council) of Annex XXI to the Agreement:






‘18z1.



32011 R 0328: Commission Regulation (EU) No 328/2011 of 5 April 2011 implementing Regulation (EC) No 1338/2008 of the European Parliament and of the Council on Community statistics on public health and health and safety at work, as regards statistics on causes of death (OJ L 90, 6.4.2011, p. 22).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
Liechtenstein is exempted from transmitting data on stillbirths.’.






Article 2
The text of Regulation (EU) No 328/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 31 March 2012, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 30 March 2012.


For the EEA Joint Committee


The Acting President

Gianluca GRIPPA
            





(1)  
            OJ L 161, 21.6.2012, p. 37.

(2)  
            OJ L 90, 6.4.2011, p. 22.

(*1)  No constitutional requirements indicated.
Judgment of the Court of 30 March 2012 in Joined Cases E-17/10 and E-6/11 — Principality of Liechtenstein and VTM Fundmanagement AG v EFTA Surveillance Authority (Action for annulment of a decision of the EFTA Surveillance Authority — State aid — Special tax rules applicable to investment companies — Selectivity — Existing aid and new aid — Recovery — Legitimate expectations — Legal certainty — Obligation to state reasons)
Date: 2012-03-30
Institutions: EFTA Court
Subjects: Liechtenstein, State aid, investment company, principle of legal certainty, tax system








C_2012307EN.01002301.xml










11.10.2012   


EN


Official Journal of the European Union


C 307/23





JUDGMENT OF THE COURT
of 30 March 2012
in Joined Cases E-17/10 and E-6/11
Principality of Liechtenstein and VTM Fundmanagement AG v EFTA Surveillance Authority
(Action for annulment of a decision of the EFTA Surveillance Authority — State aid — Special tax rules applicable to investment companies — Selectivity — Existing aid and new aid — Recovery — Legitimate expectations — Legal certainty — Obligation to state reasons)
2012/C 307/09
In Joined Cases E-17/10 and E-6/11 Principality of Liechtenstein and VTM Fundmanagement AG v EFTA Surveillance Authority — APPLICATION for the annulment of Decision No 416/10/COL of 3 November 2010 on the taxation of investment undertakings under the Liechtenstein Tax Act, the Court, composed of Carl Baudenbacher, President, Per Christiansen and Páll Hreinsson (Judge-Rapporteur), Judges, gave judgment on 30 March 2012, the operative part of which is as follows:
The Court hereby:






1.


Dismisses the applications.










2.


Orders the applicants to pay the costs of the proceedings.