do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6552 — Metso Power/MW Power)  Text with EEA relevance
Date: 2012-07-11
Institutions: European Commission
Subjects: boiler, economic concentration, merger control, power plant, renewable energy








C_2012203EN.01000502.xml










11.7.2012   


EN


Official Journal of the European Union


C 203/5





Non-opposition to a notified concentration
(Case COMP/M.6552 — Metso Power/MW Power)
(Text with EEA relevance)
2012/C 203/03
On 2 July 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 32012M6552. EUR-Lex is the on-line access to the European law.
Case C-333/12: Action brought on 11 July 2012 — European Commission v Republic of Poland
Date: 2012-07-11
Institutions: Court of Justice
Subjects: broadcasting, national implementing measure, regulation of telecommunications, television








C_2012287EN.01002403.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/24





Action brought on 11 July 2012 — European Commission v Republic of Poland
(Case C-333/12)
2012/C 287/46
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, C. Vrignon and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, (1) and in any event by not informing the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 3 of that directive;










—


impose on the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to comply with the obligation to notify measures transposing Directive 2007/65, at a daily rate of EUR 112 190,40 and payable from the date on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period for transposition of the directive expired on 19 December 2011.


(1)  OJ 2007 L 332, p. 27.
Case C-329/12: Action brought on 11 July 2012 — European Commission v Federal Republic of Germany
Date: 2012-07-11
Institutions: Court of Justice
Subjects: Germany, database, infringement of EU law, national implementing measure, periodic penalty payment, provision of services, transmission network








C_2012287EN.01002301.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/23





Action brought on 11 July 2012 — European Commission v Federal Republic of Germany
(Case C-329/12)
2012/C 287/42
Language of the case: German

Parties


Applicant: European Commission (represented by: P. Hetsch und B. Schima, Agents)

Defendant: Federal Republic of Germany

Form of order sought

The applicant claims that the Court should:






—


rule that, by failing to enact in full the laws, regulations and administrative provisions necessary to ensure transposition of Directive 2006/24/EC (1) of the European Parliament and the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC and, in any event, by not notifying those provisions in full to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under that directive;










—


impose, under Article 260(3) TFEU, by reason of the infringement of the obligation to notify transposition measures, a penalty payment in the amount of EUR 315 036,54 per day on the Federal Republic of Germany, payable to the own resources account of the European Union;










—


order the Federal Republic of Germany to pay the costs of the proceedings.





Pleas in law and main arguments

The period within which the directive at issue had to be transposed expired on 15 September 2007.
By a judgement of 2 March 2010, the Bundesverfassungsgericht (German Federal Constitutional Court) ruled that the transposition measures adopted by the Federal Republic of Germany were unconstitutional and void. As a result, the German Government first informed the Commission that the directive had been partially transposed through legislation in force. Subsequently the German Government notified the draft version of a Law transposing the remaining provisions of the directive.
Since the draft concerned has not, as yet, been adopted, it is, according to the Commission, not open to dispute that the Federal Republic of Germany has failed to meet its obligation to transpose the directive in full. The abovementioned partial transposition is, in the Commission’s view, insufficient to attain the objectives of the directive under Article 1. Finally, the Commission points out that, in its opinion, the draft Law notified to it by Germany is insufficient for purposes of full implementation of the directive.


(1)  OJ 2006 L 105, p. 54.
Case C-195/11 P: Order of the President of the Court of 11 July 2012 — European Commission v Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union
Date: 2012-07-11
Institutions: Court of Justice
Subjects: China, anti-dumping duty, human nutrition, import, originating product








C_2012366EN.01002704.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/27





Order of the President of the Court of 11 July 2012 — European Commission v Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union
(Case C-195/11 P) (1)

2012/C 366/51
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 179, 18.6.2011.
Prior notification of a concentration (Case COMP/M.6656 — Gunvor Ingolstadt/Gunvor Deutschland/Petroplus Assets) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-07-11
Institutions: European Commission
Subjects: economic concentration, merger control, oil refining








C_2012203EN.01001101.xml










11.7.2012   


EN


Official Journal of the European Union


C 203/11





Prior notification of a concentration
(Case COMP/M.6656 — Gunvor Ingolstadt/Gunvor Deutschland/Petroplus Assets)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 203/07






1.


On 2 July 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 Gunvor Group Ltd (‘Gunvor’, Cyprus) will indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of all the assets of the insolvent companies Petroplus Raffinerie Ingolstadt GmbH, Petroplus Deutschland GmbH and Petroplus Bayern GmbH (‘the Target Business’, Germany), by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Gunvor: active in the trade, transport and storage of crude oil, refined mineral oil products and other energy products,










—


for the Target Business: refining of crude oil and marketing and distribution of mineral oil products and petrochemical products to national and international wholesalers and industrial customers, as well as small and medium sized enterprises and households.














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.6656 — Gunvor Ingolstadt/Gunvor Deutschland/Petroplus Assets, 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’).
Case T-483/07: Order of the General Court of 11 July 2012 — Romania v Commission
Date: 2012-07-11
Institutions: General Court
Subjects: Romania, greenhouse gas, reduction of gas emissions, tradeable emission permit








C_2012273EN.01002202.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/22





Order of the General Court of 11 July 2012 — Romania v Commission
(Case T-483/07) (1)

2012/C 273/38
Language of the case: Romanian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 51, 23.2.2008.
Case T-307/12: Action brought on 11 July 2012 — Mayaleh v Council
Date: 2012-07-11
Institutions: General Court
Subjects: Syria, common foreign and security policy, economic sanctions, fundamental rights, international sanctions








C_2012273EN.01001901.xml










8.9.2012   


EN


Official Journal of the European Union


C 273/19





Action brought on 11 July 2012 — Mayaleh v Council
(Case T-307/12)
2012/C 273/32
Language of the case: French

Parties


Applicant: Adib Mayaleh (Damascus, Syria) (represented by: G. Karouni, lawyer)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


Annul:






—


Implementing Decision 2012/256/CFSP of 14 May 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria in so far as it concerns Mr Adib Mayaleh;










—


Implementing Regulation No 410/2012 of 14 May 2012 implementing Article 32(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria in so far as it concerns Mr Adib Mayaleh;














—


Order the Council of the European Union to pay the costs under Articles 87 and 91 of the Rules of Procedure of the General Court.





Pleas in law and main arguments

In support of the action, the applicant relies on seven pleas in law which are essentially identical or similar to those put forward in Case T-383/11 Makhlouf v Council. (1)



(1)  OJ 2011 C 282, p. 30.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2012-07-11
Institutions: European Commission
Subjects: Germany, State aid, Sweden, control of State aid, forestry holding, livestock farming, silviculture








C_2012203EN.01000601.xml










11.7.2012   


EN


Official Journal of the European Union


C 203/6





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2012/C 203/04







Date of adoption of the decision


23.5.2012




Reference number of State Aid


SA.34100 (11/N)




Member State


Sweden




Region


—


—




Title (and/or name of the beneficiary)


Stöd till skogsbruksåtgärder inom ramen för Landsbygdsprogrammet




Legal basis


2 kap. 30–33 §§ förordningen (2007:481) om stöd för landsbygdsutvecklingsåtgärder




Type of measure


Scheme


—




Objective


Environmental protection




Form of aid


Direct grant




Budget


Overall budget: SEK 151 million




Intensity


100 %




Duration (period)


Until 31.12.2013




Economic sectors


Forestry and logging




Name and address of the granting authority







Skogsstyrelsen




SE-551 83 Jönköping




SVERIGE








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm







Date of adoption of the decision


12.6.2012




Reference number of State Aid


SA.34145 (11/N)




Member State


Germany




Region


Niedersachsen


Non-assisted areas




Title (and/or name of the beneficiary)


Niedersachsen: Gewährung von Beihilfen durch die Niedersächsische Tierseuchenkasse
612-40304-NI




Legal basis








—


Satzung über die Gewährung von Beihilfen (Beihilfesatzung der Niedersächsischen Tierseuchenkasse) (Anlage A.1)










—


§ 71 Tierseuchengesetz der Bundesrepublik Deutschland (Anlage A.2)










—


§§ 12, 13 Ausführungsgesetz zum Tierseuchengesetz des Landes Niedersachsen (Anlage A.3)








Type of measure


Scheme


—




Objective


Animal diseases




Form of aid


Subsidised services, Direct grant




Budget








 


Overall budget: EUR 269,50 million










 


Annual budget: EUR 38,50 million








Intensity


100 %




Duration (period)


Until 31.3.2018




Economic sectors


Animal production




Name and address of the granting authority







Niedersächsische Tierseuchenkasse — Anstalt des öffentlichen Rechts




Brühlstraße 9




30169 Hannover




DEUTSCHLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Case T-484/07: Order of the General Court of 11 July 2012 — Romania v Commission
Date: 2012-07-11
Institutions: General Court
Subjects: Romania, greenhouse gas, reduction of gas emissions, tradeable emission permit








C_2012258EN.01002701.xml










25.8.2012   


EN


Official Journal of the European Union


C 258/27





Order of the General Court of 11 July 2012 — Romania v Commission
(Case T-484/07) (1)

2012/C 258/49
Language of the case: Romanian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 51, 23.2.2008.
Case T-317/12: Action brought on 11 July 2012 — Holcim (Romania) v European Commission
Date: 2012-07-11
Institutions: General Court
Subjects: access to EU information, greenhouse gas, tradeable emission permit








C_2012287EN.01003103.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/31





Action brought on 11 July 2012 — Holcim (Romania) v European Commission
(Case T-317/12)
2012/C 287/59
Language of the case: English

Parties


Applicant: Holcim (Romania) SA (Bucharest, Romania) (represented by: L. Arnauts, lawyer)

Defendant: European Commission

Form of order sought







—


Order the defendant to pay the applicant the market value of the allegedly stolen European Emission Allowances that would not be recovered by the day of the judgment, at their market price, plus interest rate of 8 % per annum as from 16 November 2010;










—


Order the defendant to pay the costs of he proceedings; and










—


Declare the judgment enforceable.





Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law, alleging:






—


the European Union’s liability for unlawful decisions of the European Commission consisting in:






(a)


misinterpretation of Article 10(1) of Commission Regulation (EC) No 2216/2004 of 21 December 2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council (OJ L 386, p. 1);










(b)


a breach of Article 20 of Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, p. 32);










(c)


breaches of several general principles of law (principles of proportionality and of protection of legitimate expectations, duty of care, right to an effective judicial protection in respect of property rights), when deciding not to disclose or allow disclosure of the location of stolen European Emission Allowances in the framework of the European Union Emissions Trading Scheme.
Case C-353/11: Order of the President of the Court of 11 July 2012 — European Commission v Czech Republic
Date: 2012-07-11
Institutions: Court of Justice
Subjects: Czechia, infringement of EU law, market approval, national implementing measure, plant health product








C_2012303EN.01002102.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/21





Order of the President of the Court of 11 July 2012 — European Commission v Czech Republic
(Case C-353/11) (1)

2012/C 303/37
Language of the case: Czech
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 252, 27.8.2011.
Corrigendum to Prior notification of a concentration (Case COMP/M.6672 — HHR Euro C.V./Starwood/Le Meridien Nuremberg) — Candidate case for simplified procedure ( OJ C 202, 10.7.2012 )
Date: 2012-07-11
Institutions: European Commission
Subjects: economic concentration, hotel industry, merger control








C_2012203EN.01001301.xml










11.7.2012   


EN


Official Journal of the European Union


C 203/13





Corrigendum to Prior notification of a concentration (Case COMP/M.6672 — HHR Euro C.V./Starwood/Le Meridien Nuremberg) — Candidate case for simplified procedure
(
Official Journal of the European Union C 202 of 10 July 2012
)
2012/C 203/08
On page 9, in point 4, second paragraph:
for:
‘Observations must reach the Commission not later than 10 days following the date of this publication.’,
read:
‘Observations must reach the Commission not later than 5 days following the date of this publication.’.
Non-opposition to a notified concentration (Case COMP/M.6625 — Nordic Capital/Tokmanni)  Text with EEA relevance
Date: 2012-07-11
Institutions: European Commission
Subjects: economic concentration, investment company, mass-consumption product, merger control








C_2012203EN.01000501.xml










11.7.2012   


EN


Official Journal of the European Union


C 203/5





Non-opposition to a notified concentration
(Case COMP/M.6625 — Nordic Capital/Tokmanni)
(Text with EEA relevance)
2012/C 203/02
On 2 July 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 32012M6625. EUR-Lex is the on-line access to the European law.
Case T-559/10: Judgment of the General Court of 11 July 2012 — Laboratoire Garnier v OHIM (natural beauty) (Community trade mark — Application for the Community figurative mark natural beauty — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009)
Date: 2012-07-11
Institutions: General Court
Subjects: EU trade mark, cosmetics industry, registered trade mark, trade-mark law








C_2012250EN.01001302.xml










18.8.2012   


EN


Official Journal of the European Union


C 250/13





Judgment of the General Court of 11 July 2012 — Laboratoire Garnier v OHIM (natural beauty)
(Case T-559/10) (1)

(Community trade mark - Application for the Community figurative mark natural beauty - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009)
2012/C 250/23
Language of the case: English

Parties


Applicant: Laboratoire Garnier et Cie (Paris, France) (represented: initially by R. Dissmann and A. Steegmann and subsequently by R. Dissmann, lawyers)

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

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 September 2010 (Case R 971/2010-1) concerning registration of the figurative sign natural beauty as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Laboratoire Garnier et Cie to pay the costs.






(1)  OJ C 38, 5.2.2011.
Case F-85/10: Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice (Civil service — Members of the temporary staff — Internal competition — Elimination from the competition in consequence of the result obtained in the first written test — Reexamination — Equal treatment — Reclassification of a fixed-term employment contract as a contract for an indefinite period — Non-renewal of a fixed-term contract as a member of the temporary staff — Action for annulment — Action for damages)
Date: 2012-07-11
Institutions: Civil Service Tribunal
Subjects: competition (EU), equal treatment, servant (EU), temporary employment, work contract








C_2013046EN.01002603.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/26





Judgment of the Civil Service Tribunal (Second Chamber) of 11 July 2012 — AI v Court of Justice
(Case F-85/10) (1)

(Civil service - Members of the temporary staff - Internal competition - Elimination from the competition in consequence of the result obtained in the first written test - Reexamination - Equal treatment - Reclassification of a fixed-term employment contract as a contract for an indefinite period - Non-renewal of a fixed-term contract as a member of the temporary staff - Action for annulment - Action for damages)
2013/C 46/48
Language of the case: French

Parties


Applicant: AI (represented: initially by M. Erniquin, lawyer, and subsequently by M. Erniquin and L. N’Gapou, lawyers)

Defendant: Court of Justice of the European Union (represented by: A. V. Placco, Agent)

Re:

Civil service — First, application for the annulment of the deliberations of the Selection Board concerning the results of the French test in internal competition on the basis of tests No CJ 12/09 and, to the extent necessary, annulment of the contracts and appointments of the persons who passed that competition and, second, application for the annulment of the decision not to renew the applicant’s temporary staff contract, and application for compensation for damage.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders AI to bear her own costs and to pay those incurred by the Court of Justice of the European Union.






(1)  OJ C 13, 15.1.2011, p. 39.