do-me/EUR-LEX huggingface dataset:
Joined Cases T-492/09 and T-147/10: Judgment of the General Court of 7 June 2012 — Mada Pharma v OHIM — Nycomed (ALLERNIL) (Community trade mark — Opposition proceedings — International registration designating the European Community — Word mark ALLERNIL — Application for Community word mark ALLERNIL — Earlier national word mark ALLERGODIL — Relative ground of refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Grounds — Article 75 of Regulation No 207/2009)
Date: 2012-06-07
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2012217EN.01001801.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/18





Judgment of the General Court of 7 June 2012 — Mada Pharma v OHIM — Nycomed (ALLERNIL)
(Joined Cases T-492/09 and T-147/10) (1)

(Community trade mark - Opposition proceedings - International registration designating the European Community - Word mark ALLERNIL - Application for Community word mark ALLERNIL - Earlier national word mark ALLERGODIL - Relative ground of refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Grounds - Article 75 of Regulation No 207/2009)
2012/C 217/36
Language of the case: German

Parties


Applicant: Mada Pharma GmbH & Co. KG (Bad Homburg von der Höhe, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: B. Schmidt, then by D. Walicka and, finally by G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nycomed GmbH (Constance, Germany) (represented initially by: A. Ferchland, then by A. Ferchland and K. Trautmann, lawyers)

Re:

Two actions brought against two decisions of the Fourth Board of Appeal of OHIM of 29 September 2009 (Cases R 1386/2007-4 and R 697/2007-4), relating to opposition proceedings between Meda Pharma GmbH & Co. KG and Nycomed GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the actions.










2.


Orders Meda Pharma GmbH & Co. KG to pay the costs incurred in Joined Cases T-492/09 and T-147/10.






(1)  OJ C 37, 13.2.2010.
Information communicated by Member States regarding closure of fisheries
Date: 2012-06-07
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish








C_2012161EN.01002401.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/24





Information communicated by Member States regarding closure of fisheries
2012/C 161/05
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


13.5.2012




Duration


13.5.2012-31.12.2012




Member State


Portugal




Stock or Group of stocks


LEZ/8C3411




Species


Megrims (Lepidorhombus spp.)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


575665






(1)  OJ L 343, 22.12.2009, p. 1.
Euro exchange rates
Date: 2012-06-07
Institutions: European Commission
Subjects: euro, exchange rate








C_2012161EN.01002301.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/23





Euro exchange rates (1)

6 June 2012
2012/C 161/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2485




JPY


Japanese yen


98,82




DKK


Danish krone


7,4323




GBP


Pound sterling


0,80630




SEK


Swedish krona


9,0165




CHF


Swiss franc


1,2008




ISK


Iceland króna


 




NOK


Norwegian krone


7,6065




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,565




HUF


Hungarian forint


300,04




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6969




PLN


Polish zloty


4,3498




RON


Romanian leu


4,4631




TRY


Turkish lira


2,2996




AUD


Australian dollar


1,2661




CAD


Canadian dollar


1,2909




HKD


Hong Kong dollar


9,6866




NZD


New Zealand dollar


1,6366




SGD


Singapore dollar


1,5960




KRW


South Korean won


1 467,38




ZAR


South African rand


10,5030




CNY


Chinese yuan renminbi


7,9453




HRK


Croatian kuna


7,5630




IDR


Indonesian rupiah


11 711,99




MYR


Malaysian ringgit


3,9646




PHP


Philippine peso


53,966




RUB


Russian rouble


40,6504




THB


Thai baht


39,290




BRL


Brazilian real


2,5190




MXN


Mexican peso


17,7100




INR


Indian rupee


69,1230






(1)  Source: reference exchange rate published by the ECB.
Case C-39/11: Judgment of the Court (Third Chamber) of 7 June 2012 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — VBV — Vorsorgekasse AG v Finanzmarktaufsichtsbehörde (FMA) (Free movement of capital — Articles 63 TFEU and 65 TFEU — Severance funds — Investment of assets — Investment funds established in another Member State — Investment in such funds permitted only when they are authorised to market their units within the national territory)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: free movement of capital, investment, investment company








C_2012217EN.01000401.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/4





Judgment of the Court (Third Chamber) of 7 June 2012 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — VBV — Vorsorgekasse AG v Finanzmarktaufsichtsbehörde (FMA)
(Case C-39/11) (1)

(Free movement of capital - Articles 63 TFEU and 65 TFEU - Severance funds - Investment of assets - Investment funds established in another Member State - Investment in such funds permitted only when they are authorised to market their units within the national territory)
2012/C 217/06
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicant: VBV — Vorsorgekasse AG

Defendant: Finanzmarktaufsichtsbehörde (FMA)

Re:

Reference for a preliminary ruling — Verwaltungsgerichtshof — Interpretation of Article 63 et seq. TFEU — Free movement of capital — Severance funds investing mandatory contributions in respect of employed and self-employed persons aimed to finance severance sums — Legislation of a Member State restricting those investments to funds which have been authorised to be sold in that national territory

Operative part of the judgment

Article 63(1) TFEU must be interpreted as precluding national legislation which does not permit a severance fund, or the undertaking for collective investment created by that severance fund to manage its assets, to invest those assets in units of an investment fund established in another Member State unless that investment fund has been authorised to market its units within the national territory.


(1)  OJ C 130, 30.4.2011.
Case C-106/11: Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — M.J. Bakker v Minister van Financiën (Social security for migrant workers — Legislation applicable — Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union — Residence in the territory of another Member State — Affiliation to the Netherlands social security system)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: Netherlands, migrant worker, social security








C_2012217EN.01000402.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/4





Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — M.J. Bakker v Minister van Financiën
(Case C-106/11) (1)

(Social security for migrant workers - Legislation applicable - Worker holding Netherlands nationality working, for an employer established in the Netherlands, on board dredgers flying the Netherlands flag which operate outside the territory of the European Union - Residence in the territory of another Member State - Affiliation to the Netherlands social security system)
2012/C 217/07
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: M.J. Bakker

Defendant: Minister van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Articles 1(a), 2 and 13(2)(c) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English special edition, 1971(II), p. 416) — Worker with Netherlands nationality working on dredgers sailing outside the territory of the European Union under the Netherlands flag for an employer established in the Netherlands — Worker residing on the territory of another Member State — No affiliation to the Netherlands social security scheme

Operative part of the judgment

Article 13(2)(c) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as amended and updated by Council Regulation (EC) No 118/97 of 2 December 1996, as amended by Council Regulation (EC) No 307/1999 of 8 February 1999, must be interpreted as precluding a legislative measure of a Member State from excluding, from affiliation to the social security scheme of that Member State, a person in the position of the applicant in the main proceedings, who holds that Member State’s nationality but does not reside in it and is employed on board a dredger flying the flag of that Member State and operating outside the territory of the European Union.


(1)  OJ C 160, 28.5.2011.
Case C-304/12 P: Appeal brought on 7 June 2012 by Petrus Kerstens against the order of the General Court (Appeal Chamber) delivered on 23 March 2012 in Case T-498/09 P-DEP Petrus Kerstens v European Commission
Date: 2012-06-07
Institutions: Court of Justice
Subjects: European civil service, equal treatment, staff assessment








C_2013108EN.01001102.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/11





Appeal brought on 7 June 2012 by Petrus Kerstens against the order of the General Court (Appeal Chamber) delivered on 23 March 2012 in Case T-498/09 P-DEP Petrus Kerstens v European Commission
(Case C-304/12 P)
2013/C 108/22
Language of the case: French

Parties


Appellant: Petrus Kerstens (represented by: C. Mourato, avocat)

Other party to the proceedings: European Commission
By order of 7 February 2013 the Court (Seventh Chamber) dismissed the appeal and ordered Mr Kerstens to bear his own costs.
Case C-21/11: Order of the Court of 7 June 2012 (reference for a preliminary ruling from the Commissione tributaria provinciale di Benevento — Italy) — Volturno Trasporti Sas di Santoro Nino e c. v Camera di Commercio di Benevento, Equitalia Polis SpA (Reference for a preliminary ruling — Manifest inadmissibility)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: chamber of commerce and industry, economic concentration, indirect tax, interpretation of the law, registration of a company








C_2012303EN.01000301.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/3





Order of the Court of 7 June 2012 (reference for a preliminary ruling from the Commissione tributaria provinciale di Benevento — Italy) — Volturno Trasporti Sas di Santoro Nino e c. v Camera di Commercio di Benevento, Equitalia Polis SpA
(Case C-21/11) (1)

(Reference for a preliminary ruling - Manifest inadmissibility)
2012/C 303/03
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Benevento (Italy)

Parties to the main proceedings


Applicant: Volturno Trasporti Sas di Santoro Nino e c.

Defendants: Camera di Commercio di Benevento, Equitalia Polis SpA

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Benevento — Interpretation of Article 10(c) of Council Directive No 69/335/EEC of 17 July 1969 concerning indirect taxes on the raising of capital (OJ, English Special Edition 1969 (II), p. 412) — Indirect taxes on the raising of capital — Imposition of an annual fee for entry in the register of companies kept by the local chambers of commerce — Whether permissible

Operative part of the order

The reference for a preliminary ruling made by the Commissione tributaria provinciale di Benevento (Italy), by decision of 22 September 2010, is manifestly inadmissible.


(1)  OJ C 95, 26.3.2011.
Commission Regulation (EU) No 587/2012 of 7 June 2012 establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Portugal
Date: 2012-06-07
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch quota, fishing rights, sea fish, ship's flag








L_2012175EN.01000301.xml










5.7.2012   


EN


Official Journal of the European Union


L 175/3








            COMMISSION REGULATION (EU) No 587/2012
of 7 June 2012
         
establishing a prohibition of fishing for blue marlin in the Atlantic Ocean by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 June 2012.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.




ANNEX






No


5/T&Q




Member State


Portugal




Stock


BUM/ATLANT




Species


Blue marlin (Makaira nigricans)




Zone


Atlantic Ocean




Date


13 May 2012
Prior notification of a concentration (Case COMP/M.6535 — GLORY/Talaris Topco)  Text with EEA relevance
Date: 2012-06-07
Institutions: European Commission
Subjects: economic concentration, machine-tool industry, merger control, money








C_2012161EN.01002601.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/26





Prior notification of a concentration
(Case COMP/M.6535 — GLORY/Talaris Topco)
(Text with EEA relevance)
2012/C 161/07






1.


On 30 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertaking GLORY Ltd (Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Talaris Topco Ltd (United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for GLORY Ltd: the development and manufacture of money handling machines, cash management systems, vending machines and coin operated lockers for customers in the financial, retail and leisure sectors,










—


for Talaris Topco Ltd: the development and manufacture of cash management products and the provision of associated services.














3.


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










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6535 — GLORY/Talaris Topco, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Notice of open selection procedure — Administrative Assistant — Reference: EF-TA-12-04
Date: 2012-06-07
Institutions: Provisional data
Subjects: Eurofound, administrative personnel, assistant, competition (EU)








CA2012161EN.01000101.xml










7.6.2012   


EN


Official Journal of the European Union


CA 161/1





NOTICE OF OPEN SELECTION PROCEDURE
Administrative Assistant
REFERENCE: EF-TA-12-04
(2012/C 161 A/01)
The European Foundation for the Improvement of Living and Working Conditions (Eurofound), based in Dublin, Ireland, is seeking to establish reserve lists for Administrative Assistant and Finance Assistant.
Administrative Assistants provide support, both clerical and administrative, for the various units of Eurofound.
Depending on the area of assignment, the duties of the post may include any or all of the following:






—


provision of administrative and secretarial support to relevant unit,










—


dealing with internal and external contacts by e-mail, telephone, face-to-face, etc.,










—


typing — letters, reports, papers, etc.,










—


support for management of projects, budgets, tendering, contracting, preparation of reports, presentations, etc.,










—


preparation and organisation of missions (business travel), meetings and interviews,










—


maintenance of databases,










—


maintenance of diaries and ensuring deadlines are met,










—


paper and electronic document management,










—


assisting with the preparation of budgets,










—


processing of financial and budgetary transactions,










—


other duties and responsibilities that may be assigned.




The competition is open to candidates who:






—


are citizens of the European Union and have at least a level of secondary education attested by a diploma giving access to post-secondary education,










—


have three years of relevant experience,










—


are competent in at least two working languages of the Union,










—


have the capacity to handle administrative and routine work, and a clear understanding of what a support role entails,










—


have extensive well-developed IT skills,










—


have experience in working with financial/budgetary processes (for candidates interested in applying for Finance Assistant).




Successful candidates may be recruited as Temporary Agents (AST 1) or Contract Agents (function group IV).
Full details of the post as well as the application and selection procedures can be downloaded from the Eurofound website vacancies page:
http://www.eurofound.europa.eu/about/vacancies/index.htm
All applications must be submitted on the official application form which can also be downloaded from the website.
Deadline for applications: 5 July 2012.
Notice from the EFTA Secretariat
Date: 2012-06-07
Institutions: EFTA Secretariat
Subjects: EFTA, agreement (EU), competition








C_2012161EN.01002501.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/25





Notice from the EFTA Secretariat
2012/C 161/06
Please be informed that the Surveillance and Court Agreement and its Protocol 4 have been updated on the Secretariats web-site, please see:
http://efta.int/legal-texts/the-surveillance-and-court-agreement.aspx
Case C-285/12: Reference for a preliminary ruling from the Conseil d’État (Belgium) lodged on 7 June 2012 — Aboubacar Diakite v Commissaire général aux réfugiés et aux apatrides
Date: 2012-06-07
Institutions: Court of Justice
Subjects: international conflict, right of asylum








C_2012235EN.01001102.xml










4.8.2012   


EN


Official Journal of the European Union


C 235/11





Reference for a preliminary ruling from the Conseil d’État (Belgium) lodged on 7 June 2012 — Aboubacar Diakite v Commissaire général aux réfugiés et aux apatrides
(Case C-285/12)
2012/C 235/21
Language of the case: French

Referring court

Conseil d’État

Parties to the main proceedings


Applicant: Aboubacar Diakite

Defendant: Commissaire général aux réfugiés et aux apatrides

Question referred

Must Article 15(c) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees, or as persons who otherwise need international protection and the content of the protection granted, (1) be interpreted as meaning that that provision offers protection only in a situation of ‘internal armed conflict’, as interpreted by international humanitarian law and, in particular, by reference to Common Article 3 of the four Geneva Conventions of 12 August 1949 (for the Amelioration of the Conditions of the Wounded and Sick in Armed Forces in the Field, for the Amelioration of the Conditions of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, on the Treatment of Prisoners of War, and on the Protection of Civilian Persons in Time of War, respectively)?
If the concept of ‘internal armed conflict’ referred to in Article 15(c) of Directive 2004/83 is to be given an interpretation independent of Common Article 3 of the four Geneva Conventions of 12 August 1949, what, in that case, are the criteria for determining whether such an ‘internal armed conflict’ exists?


(1)  OJ 2004 L 304, p. 12.