do-me/EUR-LEX huggingface dataset:
Council Implementing Regulation (EU) No 705/2012 of 1 August 2012 implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
Date: 2012-08-01
Institutions: Council of the European Union
Subjects: Afghanistan, international sanctions, terrorism








L_2012206EN.01000501.xml










2.8.2012   


EN


Official Journal of the European Union


L 206/5








            COUNCIL IMPLEMENTING REGULATION (EU) No 705/2012
of 1 August 2012
         
implementing Article 11(4) of Regulation (EU) No 753/2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 753/2011 of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 11(4) thereof,

Whereas:







(1)


On 1 August 2011, the Council adopted Regulation (EU) No 753/2011.












(2)


On 19 July 2012, the Committee established pursuant to paragraph 30 of United Nations Security Council Resolution 1988 (2011) deleted two persons from the list of individuals, groups, undertakings and entities subject to restrictive measures.












(3)


Annex I to Regulation (EU) No 753/2011 should be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
The entries for the persons appearing in the Annex to this Regulation are deleted from the list set out in Annex I to Regulation (EU) No 753/2011.


Article 2
This Regulation shall enter into force on the day 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, 1 August 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 199, 2.8.2011, p. 1.




ANNEX

Entries referred to in Article 1









(1)


Tahis (alias Tahib).












(2)


Abdul Wasay Mu’tasim Agha. (alias (a) Mutasim Aga Jan, (b) Agha Jan, (c) Abdul Wasay Agha Jan Motasem).
Case T-342/12: Action brought on 1 August 2012 — Fuchs/OHIM — Les Complices (Star)
Date: 2012-08-01
Institutions: General Court
Subjects: EU trade mark, camping, registered trade mark, trade-mark law








C_2012295EN.01002802.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/28





Action brought on 1 August 2012 — Fuchs/OHIM — Les Complices (Star)
(Case T-342/12)
2012/C 295/51
Language in which the application was lodged: English

Parties


Applicant: Max Fuchs (Freyung, Germany) (represented by: C. Onken, lawyer)

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

Other party to the proceedings before the Board of Appeal: Les Complices SA (Montreuil-sous-Bois, France)

Form of order sought







—


Annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 May 2012 in case R 2040/2011-5;










—


Reject the opposition No 1299967 in its entirety; and










—


Order the defendant and the other party before the Board of Appeal to bear the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark representing a black star, for goods in classes 18, 24 and 25 — Community trade mark application No 5588694

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 632232 of the figurative mark representing a white star in a black circle, for goods in classes 3, 9, 14, 16, 18, 20, 24 and 28; French trade mark registration No 1579557 of the figurative mark representing a white star in a black circle, for goods in class 25

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009
Council Implementing Decision 2012/454/CFSP of 1 August 2012 implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan
Date: 2012-08-01
Institutions: Council of the European Union
Subjects: Afghanistan, economic sanctions, international sanctions, removal, trade restriction








L_2012206EN.01001101.xml










2.8.2012   


EN


Official Journal of the European Union


L 206/11








            COUNCIL IMPLEMENTING DECISION 2012/454/CFSP
of 1 August 2012
         
implementing Decision 2011/486/CFSP concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,


Having regard to Council Decision 2011/486/CFSP of 1 August 2011 concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan (1), and in particular Article 5 thereof,

Whereas:







(1)


On 1 August 2011, the Council adopted Decision 2011/486/CFSP.












(2)


On 19 July 2012, the Committee established pursuant to paragraph 30 of United Nations Security Council Resolution 1988 (2011) deleted two persons from the list of individuals, groups, undertakings and entities subject to restrictive measures.












(3)


The Annex to Decision 2011/486/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The entries for the persons appearing in the Annex to this Decision are deleted from the list set out in the Annex to Decision 2011/486/CFSP.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 1 August 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 199, 2.8.2011, p. 57.




ANNEX

ENTRIES REFERRED TO IN ARTICLE 1









(1)


Tahis (alias Tahib).












(2)


Abdul Wasay Mu’tasim Agha. (alias (a) Mutasim Aga Jan, (b) Agha Jan, (c) Abdul Wasay Agha Jan Motasem).
Case C-364/12: Reference for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain), lodged on 1 August 2012 — Miguel Fradera Torredemer and Others v Corporación Uniland, S.A.
Date: 2012-08-01
Institutions: Court of Justice
Subjects: income in addition to normal pay, interpretation of the law, legal profession, price list








C_2012303EN.01001701.xml










6.10.2012   


EN


Official Journal of the European Union


C 303/17





Reference for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain), lodged on 1 August 2012 — Miguel Fradera Torredemer and Others v Corporación Uniland, S.A.
(Case C-364/12)
2012/C 303/30
Language of the case: Spanish

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings


Appellants: Miguel Fradera Torredemer, Maria Teresa Torredemer Marcet, Enrique Fradera Ohlsen and Alicia Fradera Torredemer

Respondent: Corporación Uniland, S.A.

Questions referred







1.


Are Article 101 TFEU (formerly Article 81 of the EC Treaty, read in conjunction with Article 10) and Article 4(3) TEU compatible with rules such as those laid down in the regulation on the tariff applying to procuradores, namely: Royal Decree 1373/2003 of 7 November 2003, which provides that their remuneration is subject to a minimum tariff or scale, which can be varied, upwards or downwards, only by 12 % and when it is not really possible for the authorities of the Member State, including the courts, to depart from the minimum levels laid down in the statutory scale if exceptional circumstances arise?










2.


For the purpose of applying the tariff without applying the minimum levels laid down therein: may the fact that the amount of fees payable under the scale or tariff is disproportionate to the work actually done be regarded as exceptional circumstances?










3.


Is Article 56 TFEU (formerly Article 49) compatible with the regulation on the tariff applying to procuradores, namely: Royal Decree 1373/2003 of 7 November 2003?










4.


Do these rules meet the requirements of necessity and proportionality referred to in Article 15(3) of Directive 2006/123/EC? (1)











5.


Does Article 6 of the European Convention on Human Rights, enshrining the right to a fair trial, include the right to defend oneself properly in a situation in which the figure at which the fees of a procurador are set is disproportionately high and does not correspond to the work actually carried out?










6.


If so, are the provisions of the Spanish Law on civil procedure, which prevent the party ordered to pay costs from challenging the amount of the fees of the procurador on the grounds that they are considered to be excessively high and do not correspond to the work actually carried out, compatible with Article 6 of the European Convention?






(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).
Acknowledgement of receipt of complaint No CHAP(2012) 710
Date: 2012-08-01
Institutions: European Commission
Subjects: Italy, euro, exchange transaction, foreign currency








C_2012230EN.01001201.xml










1.8.2012   


EN


Official Journal of the European Union


C 230/12





Acknowledgement of receipt of complaint No CHAP(2012) 710
2012/C 230/05
The European Commission has received and continues to receive a series of letters based on a standard form concerning the exchange of former Italian national currency against euro banknotes and coins. The European Commission has registered and will continue to register these letters under No CHAP(2012) 710.
Given the very large number of letters received on this subject, the Commission, with a view to informing all those concerned while making the most economical use of its administrative resources, is publishing the present notice in the Official Journal of the European Union in order to acknowledge receipt of the letters and inform the senders of the results of the examination of the letters by the Commission services. This notice is also published on the following Commission website:
http://ec.europa.eu/community_law/complaints/receipt/index_fr.htm
All letters received draw the European Commission’s attention to the fact that Article 26 of the Italian Decree-Law No 201/2011 published in the Italian Official Gazette No 284 on 6 December 2011, with immediate application, shortened the initial deadline of 28 February 2012 to exchange the former Italian currency against the euro.
Complainants ask the European Commission and the relevant authorities to intervene with the Italian Government in order for the deadline to be extended so that citizens can enjoy their right to exchange their savings in lire against euro banknotes and coins.
The Commission’s services would like to inform the complainants that it is the euro-area Member States' competence to set and modify the modalities of and the deadlines for the exchange of coins and banknotes of their former currencies against the euro. The European Union has no competence in this field. Some euro-area Member States have set short deadlines for the exchange whereas others have opted for exchange unlimited in time and/or differentiate between modalities applying to the exchange of former national banknotes and those applying to former national coins.
Complainants can, if they so wish, submit their comments on the proposed closure of the procedure or any other aspect of the case which they consider appropriate within a period of 30 days from the publication of this notice. Any comments received after this time will not be taken into account.
Case T-336/12: Action brought on 1 August 2012 — Klizli v Council
Date: 2012-08-01
Institutions: General Court
Subjects: Syria, economic sanctions, international sanctions, political violence, repression








C_2012287EN.01003701.xml










22.9.2012   


EN


Official Journal of the European Union


C 287/37





Action brought on 1 August 2012 — Klizli v Council
(Case T-336/12)
2012/C 287/67
Language of the case: English

Parties


Applicant: Yousef Klizli (Damascus, Syria) (represented by: Z. Garkova-Lyutskanova, lawyer)

Defendant: Council of the European Union

Form of order sought







—


Annul Council implementing Decision 2012/256/CFSP of 14 May 2012 implementing Council Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ L 126, p. 9), insofar as it concerns the applicant;










—


Annul Council implementing Regulation (EU) 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 (JO L 126, p. 3), insofar as it concerns the applicant; and










—


Order the defendant to pay the costs of the proceedings.





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 applicant was wrongfully enlisted as a person who provides financial support to the regime.














2.


Second plea in law, alleging






—


that the contested Council’s acts were issued in the absence of any legal basis and infringe the duty to state reasons, the right to a fair hearing, the right to an effective judicial protection and the right to property; further they are in breach of the principle of proportionality and violate the applicant’s good name.
Corrigendum to Commission Implementing Decision 2011/762/EU of 24 November 2011 authorising the placing on the market of yeast beta-glucans as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council ( OJ L 313, 26.11.2011 )
Date: 2012-08-01
Institutions: European Commission
Subjects: food chemistry, food inspection, foodstuff, human nutrition, labelling, market approval








L_2012205EN.01002001.xml










1.8.2012   


EN


Official Journal of the European Union


L 205/20







Corrigendum to Commission Implementing Decision 2011/762/EU of 24 November 2011 authorising the placing on the market of yeast beta-glucans as a novel food ingredient under Regulation (EC) No 258/97 of the European Parliament and of the Council
(
Official Journal of the European Union L 313 of 26 November 2011
)

On page 44, in Annex II, the following title is added before the table:


                        ‘
                        USES OF PURE BETA-GLUCANS FROM YEAST (SACCHAROMYCES CEREVISIAE)
                        ’.
Case C-366/12: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 1 August 2012 — Finanzamt Dortmund-West v Klinikum Dortmund gGmbH
Date: 2012-08-01
Institutions: Court of Justice
Subjects: VAT, health service, provision of services








C_2012366EN.01002301.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/23





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 1 August 2012 — Finanzamt Dortmund-West v Klinikum Dortmund gGmbH
(Case C-366/12)
2012/C 366/40
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Defendant and appellant: Finanzamt Dortmund-West

Claimant and respondent: Klinikum Dortmund gGmbH

Question referred







1.


Must a closely related activity be a service in accordance with Article 6(1) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment Council Directive 77/388/EEC? (1)











2.


If question 1 is to be answered in the negative, is an activity closely related to hospital or medical care only if it was performed by the same taxable person as also provides the hospital or medical care?










3.


If question 2 is to be answered in the negative, is an activity closely related even if the care is exempt from tax not under Article 13A(1)(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes but under subparagraph (c) of that provision?






(1)  OJ L 145, p. 1.
Case F-84/12: Action brought on 1 August 2012 — ZZ v Council
Date: 2012-08-01
Institutions: Civil Service Tribunal
Subjects: European civil service, access to information, disability insurance, indemnification, medical diagnosis








C_2012295EN.01003501.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/35





Action brought on 1 August 2012 — ZZ v Council
(Case F-84/12)
2012/C 295/62
Language of the case: French

Parties


Applicant: ZZ (represented by: M. Velardo, lawyer)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the decision refusing the applicant direct access to the final report of the findings of the Invalidity Committee and access to the diagnosis of the third doctor of that committee.

Form of order sought







—


Annul the decision of 17 October 2011 denying the applicant direct access to the final report of the findings of the Invalidity Committee and access to the diagnosis of the third doctor;










—


Annul the decision of the Appointing Authority of 24 March 2012 constitution a response to the claim submitted under Article 90(2) of the Staff Regulations;










—


Order the defendant to pay damages with late-payment and compensatory interest at the rate of 6.75% in respect of the non-pecuniary and pecuniary harm suffered;










—


Order the Council to pay the costs.
Case T-344/12: Action brought on 1 August 2012 — Virgin Atlantic Airways v Commission
Date: 2012-08-01
Institutions: General Court
Subjects: air transport, competition, economic concentration, market stabilisation, merger control








C_2012295EN.01002901.xml










29.9.2012   


EN


Official Journal of the European Union


C 295/29





Action brought on 1 August 2012 — Virgin Atlantic Airways v Commission
(Case T-344/12)
2012/C 295/52
Language of the case: English

Parties


Applicant: Virgin Atlantic Airways Ltd (Crawley, United Kingdom) (represented by: N. Green, QC and K. Dietzel, Solicitor)

Defendant: European Commission

Form of order sought







—


Order the annulment of the decision of the European Commission of 30 March 2012 in Case COMP/M.6447 (IAG/bmi); and










—


Order the defendant to pay the applicant’s costs in these proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the defendant has committed an error of law by not taking into account relevant information regarding the competitive conditions that would prevail absent the acquisition, allowing the Commission to appraise the acquisition against a less competitive situation than would have been the case. In particular, the Commission erred in its treatment of: (i) the package of slots sold by bmi to IAG/British Airways in September 2011; and (ii) the bmi slots over which IAG/British Airways took security in return for a pre-payment of £60m of the purchase price for bmi.










2.


Second plea in law, alleging that the defendant has made a series of material errors and failed to take into account relevant information in relation to the assessment of the impact of the acquisition on the incremental increase in slots (and market power) held by IAG at London Heathrow post-acquisition.










3.


Third plea in law, alleging that the defendant made a series of errors and failed to take into account relevant information in failing to identify or in dismissing further horizontal affected markets.










4.


Fourth plea in law, alleging that the Commission has committed an error of law by: (i) failing to undertake a Phase II investigation; and (ii) accepting commitments which fail to address the serious doubts found by the Commission to exist.










5.


Fifth plea in law, alleging that the defendant has committed an error of law in incorrectly characterising the legal relationship between IAG and each of Iberia and British Airways as falling within Article 5(4) of the EU Merger Regulation (1), allowing it to conclude that the acquisition was a concentration with a ‘Community dimension’ for the purposes of Article 1 of the said regulation and to conclude that it had jurisdiction to review the acquisition. The decision is therefore ultra vires.






(1)  Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (OJ L 24, p. 1).
Euro exchange rates
Date: 2012-08-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2012230EN.01000501.xml










1.8.2012   


EN


Official Journal of the European Union


C 230/5





Euro exchange rates (1)

31 July 2012
2012/C 230/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2284




JPY


Japanese yen


96,03




DKK


Danish krone


7,4407




GBP


Pound sterling


0,78395




SEK


Swedish krona


8,3590




CHF


Swiss franc


1,2014




ISK


Iceland króna


 




NOK


Norwegian krone


7,4215




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,255




HUF


Hungarian forint


278,94




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,1050




RON


Romanian leu


4,5800




TRY


Turkish lira


2,1990




AUD


Australian dollar


1,1675




CAD


Canadian dollar


1,2312




HKD


Hong Kong dollar


9,5246




NZD


New Zealand dollar


1,5166




SGD


Singapore dollar


1,5278




KRW


South Korean won


1 387,85




ZAR


South African rand


10,0556




CNY


Chinese yuan renminbi


7,8147




HRK


Croatian kuna


7,5175




IDR


Indonesian rupiah


11 606,59




MYR


Malaysian ringgit


3,8455




PHP


Philippine peso


51,244




RUB


Russian rouble


39,5270




THB


Thai baht


38,670




BRL


Brazilian real


2,5117




MXN


Mexican peso


16,2856




INR


Indian rupee


68,3670






(1)  Source: reference exchange rate published by the ECB.