do-me/EUR-LEX huggingface dataset:
2012/311/EU: Council Decision of 7 June 2012 on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999
Date: 2012-06-07
Institutions: Council of the European Union
Subjects: food aid, international convention, renewal of an agreement








L_2012158EN.01000101.xml










19.6.2012   


EN


Official Journal of the European Union


L 158/1








            COUNCIL DECISION
         
of 7 June 2012
         
on the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999
(2012/311/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4), in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Food Aid Convention 1999 (FAC) was concluded by the European Community by Council Decision 2000/421/EC (1), and extended by various decisions of the Food Aid Committee.












(2)


The current FAC expires on 30 June 2012 and the question of its possible extension will be addressed in the session of the Food Aid Committee in June 2012.












(3)


Pursuant to Article XXV(b) of the FAC, its extension is conditional upon the Grains Trade Convention 1995 remaining in force. On 6 June 2011, the International Grains Council decided to extend the Grains Trade Convention 1995 until 30 June 2013.












(4)


At the 103rd session of the Food Aid Committee on 14 December 2010, its members agreed to begin the formal process of renegotiating the FAC with a series of negotiation sessions.












(5)


As the new Food Assistance Convention, which will succeed the FAC, enters into force only on 1 January 2013, there is a gap of six months between the expiry of the FAC and the entry into force of the new Food Assistance Convention.












(6)


At the 105th session of the Food Aid Committee on 30 November 2011, Parties to the FAC agreed that an overlap with the new Food Assistance Convention should be avoided and that a six-month gap was preferable to an extension of the FAC.












(7)


The European Commission, which represents the European Union in the Food Aid Committee, should therefore be authorised to oppose a consensus in the Food Aid Committee favouring an extension,





HAS ADOPTED THIS DECISION:



Article 1
The position of the European Union within the Food Aid Committee shall be to oppose a consensus in the Food Aid Committee, pursuant to Rule 13 of the Rules of Procedure of the Food Aid Committee, favouring an extension of the Food Aid Convention.


Article 2
The Commission is hereby authorised to express this position within the Food Aid Committee.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Luxembourg, 7 June 2012.


For the Council


The President

M. BØDSKOV
            





(1)  
            OJ L 163, 4.7.2000, p. 37.
Commission Implementing Regulation (EU) No 492/2012 of 7 June 2012 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Berenjena de Almagro (PGI))
Date: 2012-06-07
Institutions: European Commission
Subjects: Spain, designation of origin, fruit vegetable, product designation








L_2012151EN.01000701.xml










12.6.2012   


EN


Official Journal of the European Union


L 151/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 492/2012
of 7 June 2012
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Berenjena de Almagro (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Spain’s application for the approval of amendments to the specification of the protected geographical indication ‘Berenjena de Almagro’ registered on the basis of Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 2206/2003 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendment should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 330, 18.12.2003, p. 13.

(4)  
            OJ C 283, 27.9.2011, p. 16.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN
Berenjena de Almagro (PGI)
Commission Implementing Regulation (EU) No 487/2012 of 7 June 2012 entering a name in the register of protected designations of origin and protected geographical indications (Tomate La Cañada (PGI))
Date: 2012-06-07
Institutions: European Commission
Subjects: designation of origin, fruit vegetable, product designation, regions of Spain








L_2012150EN.01006601.xml










9.6.2012   


EN


Official Journal of the European Union


L 150/66








            COMMISSION IMPLEMENTING REGULATION (EU) No 487/2012
of 7 June 2012
         
entering a name in the register of protected designations of origin and protected geographical indications (Tomate La Cañada (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Tomate La Cañada’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth 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,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 286, 30.9.2011, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN
Tomate La Cañada (PGI)
Case F-59/12: Action brought on 7 June 2012 — ZZ v Court of Auditors
Date: 2012-06-07
Institutions: Civil Service Tribunal
Subjects: competition (EU), indemnification








C_2012227EN.01003801.xml










28.7.2012   


EN


Official Journal of the European Union


C 227/38





Action brought on 7 June 2012 — ZZ v Court of Auditors
(Case F-59/12)
2012/C 227/64
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi, lawyer)

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Annulment of the vacancy notice ECA/2011/67 for the post of Director of the Directorate for Human Resources.

Form of order sought







—


Annul the vacancy notice ECA/2011/67;










—


annul all of the decisions taken in the course of the recruitment procedure opened following the vacancy notice ECA/2011/67;










—


pay compensation for the material damage suffered consisting in the loss of financial rights connected to the appointment (including career and pension rights) and, therefore, the payment of those rights with effect from 1 January 2001;










—


taking account of the context of those decisions, award EUR 15 000 as compensation for the non-material damage;










—


order the Court of Auditors to pay the costs.
Prior notification of a concentration (Case COMP/M.6593 — Audi/Ducati Motor Holding) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-06-07
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2012161EN.01002701.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/27





Prior notification of a concentration
(Case COMP/M.6593 — Audi/Ducati Motor Holding)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 161/08






1.


On 31 May 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Audi AG (‘Audi’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Ducati Motor Holding SpA, (‘Ducati’, Italy). Audi is controlled by Volkswagen AG.










2.


The business activities of the undertakings concerned are:






—


Volkswagen AG: design, manufacture, supply and distribution of cars and manufacture and supply of spare parts for cars,










—


Audi: design, manufacture, supply and distribution of cars and manufacture and supply of spare parts for cars,










—


Ducati: design, manufacturing, distribution and sale of motorbikes as well as supply of spare parts and accessories.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6593 — Audi/Ducati Motor Holding, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Prior notification of a concentration (Case COMP/M.6552 — Metso Power Oy/MW Power Oy) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-06-07
Institutions: European Commission
Subjects: boiler, economic concentration, merger control, power plant, renewable energy








C_2012161EN.01002801.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/28





Prior notification of a concentration
(Case COMP/M.6552 — Metso Power Oy/MW Power Oy)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 161/09






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 Metso Power Oy (‘Metso Power’, Finland), belonging to the Metso Corporation (Finland), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking MW Power Oy (‘MW Power’, Finland) by way of purchase of shares and securities. MW Power is currently jointly controlled by Metso Power and Wärtsilä Finland Oy.










2.


The business activities of the undertakings concerned are:






—


for Metso Power: active in the production of large and extra large biomass boiler plants and boiler systems for the paper and pulp industry,










—


for MW Power: designs, manufactures, markets and sells medium- and small scale heat and power plants, focusing mainly on renewable fuel solutions.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6552 — Metso Power Oy/MW Power Oy, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
2012/300/EU: Council Decision of 7 June 2012 appointing an Austrian member of the European Economic and Social Committee
Date: 2012-06-07
Institutions: Council of the European Union
Subjects: Austria, European Economic and Social Committee, appointment of members








L_2012151EN.01003201.xml










12.6.2012   


EN


Official Journal of the European Union


L 151/32








            COUNCIL DECISION
         
of 7 June 2012
         
appointing an Austrian member of the European Economic and Social Committee
(2012/300/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,


Having regard to the proposal of the Austrian Government,


Having regard to the opinion of the European Commission,

Whereas:







(1)


On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).












(2)


A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Johann KÖLTRINGER,





HAS ADOPTED THIS DECISION:



Article 1
Dr Ferdinand MAIER, Generalsekretär des Österreichischen Raiffeisenverbands is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.


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




Done at Luxembourg, 7 June 2012.


For the Council


The President

M. BØDSKOV
            





(1)  
            OJ L 251, 25.9.2010, p. 8.
Case C-284/12: Reference for a preliminary ruling from the Oberlandesgericht Koblenz (Germany) lodged on 7 June 2012 — Deutsche Lufthansa AG v Flughafen Frankfurt Hahn GmbH
Date: 2012-06-07
Institutions: Court of Justice
Subjects: airport, interpretation of the law, payment, public sector, right of repossession








C_2012273EN.01000401.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/4





Reference for a preliminary ruling from the Oberlandesgericht Koblenz (Germany) lodged on 7 June 2012 — Deutsche Lufthansa AG v Flughafen Frankfurt Hahn GmbH
(Case C-284/12)
2012/C 273/05
Language of the case: German

Referring court

Oberlandesgericht Koblenz

Parties to the main proceedings


Applicant: Deutsche Lufthansa AG

Defendant: Flughafen Frankfurt Hahn GmbH

Questions referred







1.


Does an uncontested decision of the Commission to initiate a formal investigation procedure under the second sentence of Article 108(3) TFEU have the result that, in appeal proceedings concerning the recovery of payments made and an order to refrain from making future payments, a national court is bound by the Commission’s legal opinion in that decision as to whether a measure constitutes State aid?










2.


If Question 1 is answered in the negative:
Are measures adopted by a public undertaking within the meaning of Article 2(b)(i) of Commission Directive 2006/111/EC, (1) which operates an airport, to be regarded, for the purposes of State aid law, as selective measures within the meaning of Article 107(1) TFEU, simply because they benefit only airlines which use the airport?










3.


If Question 2 is answered in the negative:






(a)


Is the criterion of selectivity not satisfied if the public undertaking which operates the airport offers the same conditions, and in a transparent manner, to all airlines which opt to use the airport?










(b)


Is this still the case if the airport operator adopts a specific business model (cooperation with ‘low-cost carriers’, in this instance), which tailors its conditions of use to such customers, with the result that those conditions are not equally attractive to all airlines?










(c)


Is there a selective measure, at any rate, if the vast majority of the airport’s passengers has been attributable to a single airline for a number of years?










(1)  Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ 2006 L 318, p. 17).
Case C-27/11: Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost (Reference for a preliminary ruling — Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations — Purely internal situation — Inadmissibility of the reference)
Date: 2012-06-07
Institutions: Court of Justice
Subjects: administrative sanction, appeal, driving licence, right to justice, traffic offence








C_2012217EN.01000302.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/3





Judgment of the Court (Eighth Chamber) of 7 June 2012 (reference for a preliminary ruling from the Administrativen sad Sofia-grad — Bulgaria) — Anton Vinkov v Nachalnik Administrativno-nakazatelna deynost
(Case C-27/11) (1)

(Reference for a preliminary ruling - Non-recognition in national law of the right to a judicial remedy in respect of decisions imposing a financial penalty and the deduction of points for certain breaches of road traffic regulations - Purely internal situation - Inadmissibility of the reference)
2012/C 217/05
Language of the case: Bulgarian

Referring court

Administrativen sad Sofia-grad

Parties to the main proceedings


Applicant: Anton Vinkov

Defendant: Nachalnik Administrativno-nakazatelna deynost

Re:

Reference for a preliminary ruling — Administrativen sad Sofia-grad — Interpretation of Article 82(1)(a) TFEU and Article 91(1)(c) TFEU and Council Framework Decision 2005/214/JHA of 24 February 2005 on the application of the principle of mutual recognition to financial penalties (OJ 2005 L 76, p. 16) — Interpretation of Articles 47, 48 and 52 of the Charter of Fundamental Rights of the European Union — Compatibility with EU law of national rules excluding the right to bring an action before a court challenging decisions relating to financial penalties following administrative offences in road traffic cases amounting to BGN 50

Operative part of the judgment

The reference for a preliminary ruling from the Administrativen sad Sofia-grad (Bulgaria), made by decision of 27 December 2010 (Case C-27/11), is inadmissible.


(1)  OJ C 145, 14.5.2011.
Non-opposition to a notified concentration (Case COMP/M.6447 — IAG/BMI)  Text with EEA relevance
Date: 2012-06-07
Institutions: European Commission
Subjects: air transport, economic concentration, merger control, transport company








C_2012161EN.01000201.xml










7.6.2012   


EN


Official Journal of the European Union


C 161/2





Non-opposition to a notified concentration
(Case COMP/M.6447 — IAG/BMI)
(Text with EEA relevance)
2012/C 161/02
On 30 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 32012M6447. EUR-Lex is the on-line access to the European law.