do-me/EUR-LEX huggingface dataset:
Council Decision 2012/391/CFSP of 16 July 2012 amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
Date: 2012-07-16
Institutions: Council of the European Union
Subjects: Afghanistan, EU police mission, Europol, operational expenditure




L_2012187EN.01004701.xml










17.7.2012   


EN


Official Journal of the European Union


L 187/47








            COUNCIL DECISION 2012/391/CFSP
of 16 July 2012
         
amending Decision 2010/279/CFSP on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 18 May 2010, the Council adopted Decision 2010/279/CFSP (1) extending EUPOL AFGHANISTAN until 31 May 2013.












(2)


The current financial reference amount covers the period until 31 July 2012.












(3)


Decision 2010/279/CFSP should therefore be amended to include a financial reference amount for the period from 1 August 2012 to 31 May 2013,





HAS ADOPTED THIS DECISION:



Article 1
Article 13 of Decision 2010/279/CFSP is replaced by the following:

"Article 13
Financial arrangements

1.   The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN until 31 July 2011 shall be EUR 54 600 000.
The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 August 2011 to 31 July 2012 shall be EUR 60 500 000.
The financial reference amount intended to cover the expenditure related to EUPOL AFGHANISTAN for the period from 1 August 2012 to 31 May 2013 shall be EUR 56 870 000.


2.   All expenditure shall be managed in accordance with the rules and procedures applicable to the general budget of the European Union.


3.   The Head of Mission shall report fully to, and be supervised by, the Commission on the activities undertaken in the framework of his contract.


4.   Nationals of third States shall be allowed to tender for contracts. Subject to the Commission's approval, the Head of Mission may conclude technical arrangements with Regional Command/PRT lead nations and international actors deployed in Afghanistan regarding the provision of equipment, services and premises to the Mission, in particular where security conditions so require.


5.   The financial arrangements shall respect the operational requirements of EUPOL AFGHANISTAN, including compatibility of equipment and interoperability of its teams, and shall take into consideration the deployment of staff in Regional Commands and PRTs.".




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




Done at Brussels, 16 July 2012.


For the Council


The President

S. ALETRARIS
            





(1)  
            OJ L 123, 19.5.2010, p. 4.
Judgment of the Court of 16 July 2012 in Case E-9/11 — EFTA Surveillance Authority v the Kingdom of Norway (Failure of an EEA State to fulfill obligations — Right of establishment — Free movement of capital — Ownership limitations and voting right restrictions in financial services infrastructure institutions — Proportionality — Legal certainty)
Date: 2012-07-16
Institutions: EFTA Court
Subjects: Norway, financial institution, financial services, free movement of capital, infringement of EU law, ownership, principle of legal certainty, principle of proportionality, right of establishment, right to vote








C_2012369EN.01001301.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/13





JUDGMENT OF THE COURT
of 16 July 2012
in Case E-9/11
EFTA Surveillance Authority v the Kingdom of Norway
(Failure of an EEA State to fulfill obligations — Right of establishment — Free movement of capital — Ownership limitations and voting right restrictions in financial services infrastructure institutions — Proportionality — Legal certainty)
2012/C 369/11
In Case E-9/11, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that by maintaining in force restrictions on the rights of persons and undertakings established in EEA States to own holdings and exercise voting rights in financial services infrastructure institutions in Norway, such as provided for in Sections 35(1), (2), and (3) and 36 of the Act of 29 June 2007 No 74 on Regulated Markets (the Stock Exchange Act) and Sections 5-3(1), (2) and (3) and 5-4 of the Act of 5 July 2002 on the Registration of Financial Instruments (the Securities Depositories Act), the Kingdom of Norway has failed to fulfil its obligations arising from Articles 31 EEA and 40 EEA, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen and Páll Hreinsson, Judges, gave judgment on 16 July 2012, the operative part of which is as follows:
The Court hereby:






1.


Declares that, by maintaining in force restrictions on the rights of persons and undertakings established in EEA States to own holdings and exercise voting rights in financial services infrastructure institutions in Norway, such as provided for in Sections 35(1), (2) and (3), and 36 of the Act of 29 June 2007 No 74 on Regulated Markets (the Stock Exchange Act) and Sections 5-3(1), (2) and (3), and 5-4 of the Act of 5 July 2002 on the Registration of Financial Instruments (the Securities Depositories Act), the Kingdom of Norway has failed to fulfil its obligations arising from Articles 31 and 40 of the EEA Agreement.










2.


Orders the Kingdom of Norway to pay the costs of the proceedings.
Case C-338/12 P: Appeal brought on 16 July 2012 by Office for Harmonisation in the Internal Market (Trade Marks and Designs), against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-331/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-07-16
Institutions: Court of Justice
Subjects: EU trade mark, household article, registered trade mark, technology, tinplate and cutlery industry, trade-mark law








C_2012295EN.01001903.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/19





Appeal brought on 16 July 2012 by Office for Harmonisation in the Internal Market (Trade Marks and Designs), against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-331/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-338/12 P)
2012/C 295/34
Language of the case: English

Parties


Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs), (represented by: A. Folliard-Monguiral, Agent)

Other parties to the proceedings: Yoshida Metal Industry Co. Ltd and Pi-Design AG, Bodum France, Bodum Logistics A/S

Form of order sought

The appellant claims that the Court should:






—


uphold the Appeal in its entirety










—


annul the Contested Judgment










—


order Yoshida Metal Industry Co. Ltd to pay the costs incurred by the Office.





Pleas in law and main arguments







—


The appellant submits that the General Court failed to state the reasons in support of the Contested Judgment to the extent that it did not address the Office’s argument referred to at paragraph 18 of the Contested Judgment.










—


The appellant also submits that the General Court breached Article 7(1)(e)(ii) CTMR. It should have observed that a two-dimensional sign may be, not only applied to, but also incorporated in a three-dimensional object. Applying Article 7(1)(e)(ii) CTMR thus requires to take account of all possible manners in which it can be envisaged, on the date of filing, that the sign in question could be embodied in a three-dimensional object. The General Court distorted the evidence by ruling that the Board of Appeal had based its examination exclusively on the goods actually marketed. In fact, the Board of Appeal made it clear that its findings are primarily based on the patents submitted by Pi-Design. In any event, reference to additional material, including patents and the goods actually marketed, should not be prohibited where such material corroborate the conclusion that the features of the contested sign, as filed, are liable to achieve a technical result once incorporated in a three dimensional object. This is the only appropriate approach for preserving the legal security and the public interest underlying Article 7(1)(e)(ii) CTMR.
Commission Implementing Regulation (EU) No 657/2012 of 16 July 2012 approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Thüringer Rostbratwurst (PGI)]
Date: 2012-07-16
Institutions: European Commission
Subjects: Germany, designation of origin, meat product, product designation








L_2012189EN.01000301.xml










19.7.2012   


EN


Official Journal of the European Union


L 189/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 657/2012
of 16 July 2012
         
approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Thüringer Rostbratwurst (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) of Regulation (EC) No 510/2006, the Commission has examined Germany's application for the approval of amendments to the specification for the protected geographical indication ‘Thüringer Rostbratwurst’ registered under Commission Regulation (EC) No 2400/96 (2).












(2)


Since the amendment in question is 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 as required by the first subparagraph of Article 6(2) of that Regulation (3). 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 amendment to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation is 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, 16 July 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 C 310, 22.10.2011, p. 14.




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

Group 1.2   Meat products

GERMANY
Thüringer Rostbratwurst (PGI)
2012/406/EU: Council Decision of 16 July 2012 appointing a Spanish member and a Spanish alternate member of the Committee of the Regions
Date: 2012-07-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of members








L_2012189EN.01001001.xml










19.7.2012   


EN


Official Journal of the European Union


L 189/10








            COUNCIL DECISION
         
of 16 July 2012
         
appointing a Spanish member and a Spanish alternate member of the Committee of the Regions
(2012/406/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 Spanish 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 Mr Francisco ÁLVAREZ-CASCOS FERNÁNDEZ. An alternate member’s seat has become vacant following the end of the term of office of Mr José PORTILLA GONZALEZ,





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 member:






—


Mr Javier FERNÁNDEZ FERNÁNDEZ, Presidente del Principado de Asturias;




and










(b)


as alternate member:






—


Mr Guillermo MARTÍNEZ SUÁREZ, Consejero de la Presidencia del Principado de Asturias.










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




Done at Brussels, 16 July 2012.


For the Council


The President

S. ALETRARIS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-348/12 P: Appeal brought on 16 July 2012 by Council of the European Union against the judgment of the General Court (Fourth Chamber) delivered on 25 April 2012 in Case T-509/10 Manufacturing Support & Procurement Kala Naft v Council
Date: 2012-07-16
Institutions: Court of Justice
Subjects: Iran, capital movement, economic sanctions, international sanctions, nuclear non-proliferation, right to justice, rights of the defence








C_2012287EN.01002702.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/27





Appeal brought on 16 July 2012 by Council of the European Union against the judgment of the General Court (Fourth Chamber) delivered on 25 April 2012 in Case T-509/10 Manufacturing Support & Procurement Kala Naft v Council

(Case C-348/12 P)
2012/C 287/53
Language of the case: French

Parties


Appellant: Council of the European Union (represented by: M. Bishop and R. Liudvinaviciute-Cordeiro, acting as Agents)

Other parties to the proceedings: Manufacturing Support & Procurement Kala Naft Co., Tehran; European Commission

Form of order sought







—


Set aside the judgment delivered on 25 April 2012 by the General Court (Fourth Chamber) in Case T-509/10;










—


Give a final ruling in the dispute and dismiss as inadmissible the action brought by Kala Naft against the acts of the Council at issue or, in the alternative, dismiss the action as unfounded;










—


Order Kala Naft to pay the costs incurred by the Court at first instance and on appeal.





Pleas in law and main arguments

The Council submits that the judgment of the General Court in the abovementioned case is vitiated by two errors and that, in consequence, the judgment should be set aside.
Firstly, the Council is of the opinion that the General Court erred in law by failing to dismiss the action brought by Kala Naft as inadmissible, given that, in the Council’s submission, that undertaking is an entity of the Iranian Government.
Secondly, the Council argues that the General Court erred in law in holding that one of the grounds justifying the imposition of restrictive measures against Kala Naft was not sufficient to satisfy the duty to state reasons and that the Council was required to adduce evidence to support another of those grounds. The Council also submits that the General Court erred in law by holding that the fact that Kala Naft markets equipment for the oil and gas sectors which is liable to be used in the Iranian nuclear programme cannot be regarded as ‘supporting’ nuclear proliferation, without placing that fact in context with the other justifying grounds.
Case T-327/12: Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
Date: 2012-07-16
Institutions: General Court
Subjects: EU trade mark, motor vehicle industry, registered trade mark, trade-mark law








C_2012287EN.01003301.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/33





Action brought on 16 July 2012 — Simca Europe v OHIM — PSA Peugeot Citroën (Simca)
(Case T-327/12)
2012/C 287/62
Language in which the application was lodged: German

Parties


Applicant: Simca Europe Ltd (Birmingham, United Kingdom) (represented by: N. Haberkamm, lawyer)

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

Other party to the proceedings before the Board of Appeal: PSA Peugeot Citroën GIE (Paris, France)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 April 2012 in Case R 645/2011-1;










—


order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs, including the costs for the applicant’s counsel.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘Simca’ for goods in Class 12 — Community trade mark No 6 489 371

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark: PSA Peugeot Citroën GIE

Grounds for the application for a declaration of invalidity: the applicant was acting in bad faith at the time when it filed the application

Decision of the Cancellation Division: the application for a declaration of invalidity was rejected

Decision of the Board of Appeal: the appeal was upheld and the mark was declared invalid

Pleas in law: Infringement of Article 52 of Regulation (EC) No 207/2009
Case C-337/12 P: Appeal brought on 16 July 2012 by Pi-Design AG, Bodum France and Bodum Logistics A/S against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-331/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-07-16
Institutions: Court of Justice
Subjects: EU trade mark, household article, registered trade mark, technology, tinplate and cutlery industry, trade-mark law








C_2012295EN.01001902.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/19





Appeal brought on 16 July 2012 by Pi-Design AG, Bodum France and Bodum Logistics A/S against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-331/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-337/12 P)
2012/C 295/33
Language of the case: English

Parties


Appellants: Pi-Design AG, Bodum France, and Bodum Logistics A/S, (represented by: H. Pernez, Advocate)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Yoshida Metal Industry Co. Ltd

Form of order sought

The appellants claim that the Court should:






—


Squash the judgment of the General Court










—


Annul the Community trademark 1 371 244




Subsidiairily






—


Refer the case back to the General Court with the obligation to refer the case back to the Board of Appeal in the case of annulment of the latter's decision.










—


Order YOSHIDA METAL INDUSTRY CO. LTD. to bear the costs.





Pleas in law and main arguments

The appellants submit that the contested judgment should be annulled on the ground that the General court infringed Article 7(1)(e)(ii) of the Community trade mark regulation by applying incorrect criteria in the identification of the essential characteristics of the contested sign and by distorting the evidence before it.
Case C-339/12 P: Appeal brought on 16 July 2012 by Pi-Design AG, Bodum France and Bodum Logistics A/S against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-416/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-07-16
Institutions: Court of Justice
Subjects: EU trade mark, Japan, registered trade mark, technology, trade-mark law








C_2012295EN.01002001.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/20





Appeal brought on 16 July 2012 by Pi-Design AG, Bodum France and Bodum Logistics A/S against the judgment of the General Court (Fourth Chamber) delivered on 8 May 2012 in Case T-416/10: Yoshida Metal Industry Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-339/12 P)
2012/C 295/35
Language of the case: English

Parties


Appellants: Pi-Design AG, Bodum France, and Bodum Logistics A/S, (represented by: H. Pernez, Advocate)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) and Yoshida Metal Industry Co. Ltd

Form of order sought

The appellants claim that the Court should:






—


Squash the judgment of the General Court










—


Annul the Community trademark 1 372 580




Subsidiairily






—


Refer the case back to the General Court with the obligation to refer the case back to the Board of Appeal in the case of annulment of the latter's decision.










—


Order YOSHIDA METAL INDUSTRY CO. LTD. to bear the costs.





Pleas in law and main arguments

The appellants submit that the contested judgment should be annulled on the ground that the General court infringed Article 7(1)(e)(ii) of the Community trade mark regulation by applying incorrect criteria in the identification of the essential characteristics of the contested sign and by distorting the evidence before it.
2012/405/EU: Council Decision of 16 July 2012 appointing three Italian members and an Italian alternate member of the Committee of the Regions
Date: 2012-07-16
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2012189EN.01000901.xml










19.7.2012   


EN


Official Journal of the European Union


L 189/9








            COUNCIL DECISION
         
of 16 July 2012
         
appointing three Italian members and an Italian alternate member of the Committee of the Regions
(2012/405/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 Italian 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)


Three members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Graziano MILIA, Mr Riccardo VENTRE and Ms Marta VINCENZI. An alternate member’s seat has become vacant following the end of the term of office of Ms Laura ARDITO,





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 Piero LACORAZZA, Presidente della Provincia di Potenza,










—


Mr Piero FASSINO, Sindaco del Comune di Torino,










—


Mr Mauro D’ATTIS, Consigliere del Comune di Brindisi;




and










(b)


as alternate member:






—


Ms Lucia LIBERTINO, Consigliere del Comune di Formicola.










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




Done at Brussels, 16 July 2012.


For the Council


The President

S. ALETRARIS
            





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

(2)  
            OJ L 12, 19.1.2010, p. 11.