do-me/EUR-LEX huggingface dataset:
2012/456/CFSP: Political and Security Committee Decision EUPOL AFGHANISTAN/1/2012 of 10 July 2012 on the appointment of the Head of Mission of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
Date: 2012-07-10
Institutions: Political and Security Committee
Subjects: Afghanistan, EU police mission, appointment of members








L_2012208EN.01001701.xml










3.8.2012   


EN


Official Journal of the European Union


L 208/17








            POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFGHANISTAN/1/2012
of 10 July 2012
         
on the appointment of the Head of Mission of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
(2012/456/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1) and in particular Article 10(1) thereof,

Whereas:







(1)


Pursuant to Article 10(1) of Decision 2010/279/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUPOL AFGHANISTAN mission, including the decision to appoint a Head of Mission.












(2)


The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Karl Åke ROGHE as Head of Mission from 1 August 2012,





HAS ADOPTED THIS DECISION:



Article 1
Mr Karl Åke ROGHE is hereby appointed Head of the European Union Police Mission in Afghanistan as from 1 August 2012 until 31 May 2013.


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




Done at Brussels, 10 July 2012.


For the Political and Security Committee


The Chairperson

O. SKOOG
            





(1)  
            OJ L 123, 19.5.2010, p. 4.
Case T-587/10: Judgment of the General Court of 10 July 2012 — Interspeed v Commission (Non-contractual liability — External relations — Call for tenders issued by the EAR concerning work at the Preševo (Serbia) border crossing, the financing of the works and other connected measures — No causal link)
Date: 2012-07-10
Institutions: General Court
Subjects: Serbia, contractual liability, customs, financing, foreign policy, invitation to tender








C_2012250EN.01001303.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/13





Judgment of the General Court of 10 July 2012 — Interspeed v Commission
(Case T-587/10) (1)

(Non-contractual liability - External relations - Call for tenders issued by the EAR concerning work at the Preševo (Serbia) border crossing, the financing of the works and other connected measures - No causal link)
2012/C 250/24
Language of the case: Slovenian

Parties


Applicant: Holding kompanija Interspeed a.d. (Belgrade, Serbia) (represented by: M. Bošnjak, lawyer)

Defendant: EuropeanCommission (represented by: F. Erlbacher and B. Rous, Agents)

Re:

Application for the compensation of damage allegedly resulting from works carried out at the Preševo (Serbia) border crossing under a contract financed by the EAR.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Order Holding kompanija Interspeed a.d to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 89, 19.3.2011.
2012/377/EU: Council Decision of 10 July 2012 appointing a German member of the Committee of the Regions
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Germany, appointment of members








L_2012182EN.01004001.xml










13.7.2012   


EN


Official Journal of the European Union


L 182/40








            COUNCIL DECISION
         
of 10 July 2012
         
appointing a German member of the Committee of the Regions
(2012/377/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the German Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Nicola BEER,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






—


Dr Zsuzsa BREIER, Staatssekretärin für Europaangelegenheiten.






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




Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case T-504/10: Order of the General Court of 10 July 2012 — Prima TV v Commission
Date: 2012-07-10
Institutions: General Court
Subjects: Italy, restriction on competition, television








C_2012273EN.01002302.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/23





Order of the General Court of 10 July 2012 — Prima TV v Commission
(Case T-504/10) (1)

2012/C 273/40
Language of the case: Italian
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 346, 18.12.2010.
Case C-582/11 P: Order of the Court (Eighth Chamber) of 10 July 2012 — Rügen Fisch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Schwaaner Fischwaren GmbH (Appeal — Regulation (EC) No 40/94 — Article 7(1) and (2) — Community trade mark — Word mark SCOMBER MIX — Absolute ground for invalidity — Descriptive character)
Date: 2012-07-10
Institutions: Court of Justice
Subjects: EU trade mark, consumer protection, preserved product, registered trade mark, trade-mark law








C_2012303EN.01000602.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/6





Order of the Court (Eighth Chamber) of 10 July 2012 — Rügen Fisch AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Schwaaner Fischwaren GmbH
(Case C-582/11 P) (1)

(Appeal - Regulation (EC) No 40/94 - Article 7(1) and (2) - Community trade mark - Word mark SCOMBER MIX - Absolute ground for invalidity - Descriptive character)
2012/C 303/11
Language of the case: German

Parties


Appellant: Rügen Fisch AG (represented by: O. Spuhler and M. Geitz, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Schwaaner Fischwaren GmbH (represented by: A. Jaeger-Lenz and T. Bösling, Rechtsanwälte)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 21 September 2011 in Case T-201/09 Rügen Fisch v OHIM, by which the General Court dismissed the appellant’s action against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 230/2007-4), relating to invalidity proceedings between Rügen Fisch AG and Schwaaner Fischwaren GmbH — Breach of Articles 7(1)(c) and 51(1)(a) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Descriptive character of the word sign SCOMBER MIX

Operative part of the order







1.


The appeal is dismissed;










2.


Rügen Fisch AG is ordered to pay the costs.






(1)  OJ C 25, 28.1.2012.
Non-opposition to a notified concentration (Case COMP/M.6506 — Groupe Auchan/Magyar Hipermarket)  Text with EEA relevance
Date: 2012-07-10
Institutions: European Commission
Subjects: Hungary, consumer goods, economic concentration, merger control, retail selling








C_2012202EN.01000301.xml










10.7.2012   


EN


Official Journal of the European Union


C 202/3





Non-opposition to a notified concentration
(Case COMP/M.6506 — Groupe Auchan/Magyar Hipermarket)
(Text with EEA relevance)
2012/C 202/02
On 18 April 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 32012M6506. EUR-Lex is the on-line access to the European law.
Case T-135/11: Judgment of the General Court of 10 July 2012 — Clorox v OHIM — Industrias Alen (CLORALEX) (Community trade mark — Opposition proceedings — Application for Community word mark CLORALEX — Earlier national word marks CLOROX — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-07-10
Institutions: General Court
Subjects: EU trade mark, polishing and scouring preparations, registered trade mark, trade-mark law








C_2012250EN.01001401.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/14





Judgment of the General Court of 10 July 2012 — Clorox v OHIM — Industrias Alen (CLORALEX)
(Case T-135/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CLORALEX - Earlier national word marks CLOROX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 250/25
Language of the case: Spanish

Parties


Applicant: The Clorox Company (Oakland, United States) (represented by: S. Malynicz, Barrister, and A. Chaudri, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Industrias Alen SA de CV (Nuevo León, Mexico) (represented by: J. Astiz Suárez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 16 December 2010 (Case R 521/2009-4) concerning opposition proceedings between The Clorox Company and Industrias Alen SA de CV.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 December 2010 (Case R 521/2009-4);










2.


Orders OHIM to bear its own costs and pay the costs incurred by The Clorox Company;










3.


Orders Industrias Alen SA de CV to bear its own costs.






(1)  OJ C 152, 21.5.2011.
2012/403/EU: Council Decision of 10 July 2012 appointing six Bulgarian members and eight Bulgarian alternate members of the Committee of the Regions
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: Bulgaria, European Committee of the Regions, appointment of members








L_2012188EN.01001601.xml










18.7.2012   


EN


Official Journal of the European Union


L 188/16








            COUNCIL DECISION
         
of 10 July 2012
         
appointing six Bulgarian members and eight Bulgarian alternate members of the Committee of the Regions
(2012/403/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Bulgarian Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


Six members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Katya DOYCHEVA, Ms Dora IANKOVA, Mr Orhan MUMUN, Ms Penka PENKOVA, Mr Georgi SLAVOV and Mr Bozhidar YOTOV. Six alternate members’ seats have become vacant following the end of the terms of office of Mr Ivo ANDONOV, Ms Shukran IDRIZ, Mr Veselin LICHEV, Mr Rumen RASHEV, Mr Svetlin TANCHEV and Mr Nayden ZELENOGORSKI. Two alternate members’ seats will become vacant following the appointment of Mr Ahmed AHMEDOV and Mr Krassimir KOSTOV as members of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as members:






—


Mr Ahmed AHMEDOV, Mayor, Municipality of Tsar Kaloyan











—


Ms Tanya HRISTOVA, Mayor, Municipality of Gabrovo











—


Mr Krassimir KOSTOV, Mayor, Municipality of Shumen











—


Mr Madzhid MANDADZHA, Mayor, Municipality of Stambolovo











—


Mr Zhivko TODOROV, Mayor, Municipality of Stara Zagora











—


Mr Luydmil VESSELINOV, Mayor, Municipality of Popovo,




and










(b)


as alternate members:






—


Mr Nida AHMEDOV, Mayor, Municipality of Kaolinovo











—


Mr Ivan ALEKSIEV, Mayor, Municipality of Pomorie











—


Mr Atanas KAMBITOV, Mayor, Municipality of Blagoevgrad











—


Ms Kornelia MARINOVA, Municipal Councillor, Municipality of Lovech











—


Ms Sebihan MEHMED, Mayor, Municipality of Krumovgrad











—


Ms Anastassya MLADENOVA, Municipal Councillor, Municipality of Peshtera











—


Mr Fahri MOLAYSSENOV, Mayor, Municipality of Madan











—


Mr Georgi SLAVOV, Mayor, Municipality of Yambol.










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




Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
            





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Council Recommendation of 10 July 2012 on the appointment of a member of the Executive Board of the European Central Bank
Date: 2012-07-10
Institutions: Council of the European Union
Subjects: European Central Bank, appointment of members, decision-making body (EU)








C_2012215EN.01000401.xml










21.7.2012   


EN


Official Journal of the European Union


C 215/4





COUNCIL RECOMMENDATION
of 10 July 2012
on the appointment of a member of the Executive Board of the European Central Bank
2012/C 215/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 283(2) thereof,
Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.2 thereof,
HEREBY RECOMMENDS TO THE EUROPEAN COUNCIL:
To appoint Mr Yves MERSCH as member of the Executive Board of the European Central Bank for a term of office of eight years.

Done at Brussels, 10 July 2012.


For the Council


The President

V. SHIARLY
Case T-301/12: Action brought on 10 July 2012 — Laboratoires CTRS v Commission
Date: 2012-07-10
Institutions: General Court
Subjects: comitology, market approval, medicinal product








C_2012250EN.01002001.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/20





Action brought on 10 July 2012 — Laboratoires CTRS v Commission
(Case T-301/12)
2012/C 250/36
Language of the case: English

Parties


Applicant: Laboratoires CTRS (Boulogne-Billancourt, France) (represented by: K. Bacon, Barrister, M. Utges Manley and M. Barnden, Solicitors)

Defendant: European Commission

Form of order sought







—


Annul Commission Decision of 25 May 2012 refusing a marketing authorisation for ‘Orphacol — Cholic acid’;










—


Order the defendant to bear the costs of the application.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging that the contested decision infringes both Regulation (EU) No 182/2011 (1) and Regulation (EC) No 726/2004 (2) because the Commission was not entitled to re-initiate the Comitology Procedure with a draft decision substantively the same as the version already rejected by the Standing Committee and Appeal Committee, nor was it empowered to adopt the contested decision.










2.


Second plea in law, alleging that the contested decision is in any event vitiated by fundamental errors of law in the interpretation of Directive 2001/83/EC (as amended) (3).






(1)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ 2011 L 55, p. 13)

(2)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ 2004 L 136, p. 1)

(3)  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)
Case C-326/12: Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 10 July 2012 — Rita van Caster, Patrick van Caster v Finanzamt Essen-Süd
Date: 2012-07-10
Institutions: Court of Justice
Subjects: free movement of capital, infringement of EU law, interpretation of the law, investment company, tax system








C_2012303EN.01001302.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/13





Reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany) lodged on 10 July 2012 — Rita van Caster, Patrick van Caster v Finanzamt Essen-Süd
(Case C-326/12)
2012/C 303/25
Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings


Applicant: Rita van Caster, Patrick van Caster

Defendant: Finanzamt Essen-Süd

Question referred

Does the flat-rate taxation of income from so-called ‘intransparent’ (domestic and) foreign investment funds under Paragraph 6 of the Law on Investment Tax (Investmentsteuergesetz) infringe European Community law (Article 56 EC) because it amounts to a disguised restriction on the free movement of capital (Article 58(3)) EC)?