do-me/EUR-LEX huggingface dataset:
Case T-381/08: Order of the General Court of 4 September 2012 — DAI v Commission (Agriculture — Sugar — Temporary scheme for the restructuring of the sugar industry of the Community — Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 — Decision 2008/445/EC — Retroactive restructuring aid)
Date: 2012-09-04
Institutions: General Court
Subjects: aid for restructuring, marketing, sugar








C_2012319EN.01000902.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/9





Order of the General Court of 4 September 2012 — DAI v Commission
(Case T-381/08) (1)

(Agriculture - Sugar - Temporary scheme for the restructuring of the sugar industry of the Community - Regulation (EC) No 320/2006 and Regulation (EC) No 928/2006 - Decision 2008/445/EC - Retroactive restructuring aid)
2012/C 319/16
Language of the case: Portuguese

Parties


Applicant: DAI — Sociedade de Desenvolvimento Agro-Industrial, SA (Coruche, Portugal) (represented: initially by J. da Cruz Vilaça, L. Romão and A. Mestre, and subsequently by R. Oliveira, lawyers)

Defendant: European Commission (represented by: M. Alfonso and P. Rossi, Agents)

Re:

Action brought against Commission Decision 2008/445/EC of 11 June 2008 fixing the amounts per Member State of retroactive restructuring aid for growers and undertakings having restructured in the 2006/07 and 2007/08 marketing years in the framework of the temporary scheme for the restructuring of the sugar industry of the Community (OJ 2008 L 156, p. 20).

Operative part of the order







1.


The action is dismissed.










2.


DAI — Sociedade de Desenvolvimento Agro-Industrial, SA shall pay the costs.






(1)  OJ C 313, 6.12.2008.
Case T-393/12: Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
Date: 2012-09-04
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012355EN.01003201.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/32





Action brought on 4 September 2012 — Tsujimoto v OHIM — Kenzo (KENZO)
(Case T-393/12)
2012/C 355/67
Language in which the application was lodged: English

Parties


Applicant: Kenzo Tsujimoto (Osaka, Japan) (represented by: A. Wenninger-Lenz, lawyer)

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

Other party to the proceedings before the Board of Appeal: Kenzo SA (Paris, France)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 May 2012 in case R 1659/2011-2; and










—


Order the defendant to bear the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘KENZO’, for goods in class 33 — Community trade mark application No 6334544

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 720706 for the word mark ‘KENZO’, for goods and services in classes 3, 18 and 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected the CTM application in its entirety

Pleas in law:







—


Infringement of Article 8(5) of Council Regulation No 40/94; and










—


Infringement of Articles 75 and 76 of Council Regulation No 40/94.
Case C-406/12: Action brought on 4 September 2012 — European Commission v Republic of Slovenia
Date: 2012-09-04
Institutions: Court of Justice
Subjects: Slovenia, consumer protection, infringement of EU law, national implementing measure, personal data, protection of privacy, telecommunications, universal service








C_2012331EN.01001502.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/15






Action brought on 4 September 2012 — European Commission v Republic of Slovenia
(Case C-406/12)
(2012/C 331/24)
Language of the case: Slovene

Parties


Applicant: European Commission (represented by P. Hetsch, L. Nicolae and M. Žebre, acting as Agents)

Defendant: Republic of Slovenia

Form of order sought

The Commission claims that the Court should:






—


Declare that, by failing to adopt all the laws and other measures necessary to transpose Directive 2009/136/EC (1) of the European Parliament and of the Council of 25 November 2009 amending Directive 2002/22/EC (2) on universal service and users’ rights relating to electronic communications networks and services, Directive 2002/58/EC (3) concerning the processing of personal data and the protection of privacy in the electronic communications sector and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws or, in any case, by failing to notify the Commission of such provisions, the Republic of Slovenia has failed to fulfil its obligations under Article 4 of that directive;










—


order the Republic of Slovenia, pursuant to Article 260(3) TFEU, to make a penalty payment in the sum of EUR 6 531,84 a day, from the day of delivery of judgment in this case, on the grounds of its failure to fulfil its obligation to notify all measures for the transposition of Directive 2009/136/EC;










—


order the Republic of Slovenia to pay the costs.





Pleas in law and main arguments

The period prescribed for transposition of that directive expired on 25 May 2011.


(1)  OJ 2009 L 337, p. 11.

(2)  OJ 2002 L 108, p. 51.

(3)  OJ 2002 L 201, p. 37.
Commission Regulation (EU) No 801/2012 of 4 September 2012 establishing a prohibition of fishing for Northern prawn in NAFO 3L by vessels flying the flag of Spain
Date: 2012-09-04
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, Spain, catch quota, crustacean, fishing rights, international waters, ship's flag








L_2012241EN.01004801.xml










7.9.2012   


EN


Official Journal of the European Union


L 241/48








            COMMISSION REGULATION (EU) No 801/2012
of 4 September 2012
         
establishing a prohibition of fishing for Northern prawn in NAFO 3L by vessels flying the flag of Spain


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the 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, 4 September 2012.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 25, 27.1.2012, p. 55.




ANNEX






No


20/TQ44




Member State


Spain




Stock


PRA/N3L




Species


Northern prawn (Pandalus borealis)





Zone


NAFO 3L




Date


10.8.2012
Case T-387/12: Action brought on 4 September 2012 — Italy v Commission
Date: 2012-09-04
Institutions: General Court
Subjects: EAGGF Guarantee Section, Italy, State aid, common agricultural policy, fruit vegetable, infringement of EU law, production aid








C_2012319EN.01001501.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/15





Action brought on 4 September 2012 — Italy v Commission
(Case T-387/12)
2012/C 319/28
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: S. Fiorentino, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission implementing decision 2012/336/EU of 22 June 2012 (notified under document C(2012) 3838), excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as that decision is the object of the present action;










—


order the Commission to pay the costs.





Pleas in law and main arguments

The scope of the present action is limited to the flat-rate financial corrections applied to the Italian Republic in relation to the aid scheme for growers of processing tomatoes, for the years 2006, 2007 and 2008.
In support of its action, the applicant relies on a single plea alleging infringement of Article 7(4) of Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy (OJ 1999 L 160, p. 103) and of Article 31 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (2005 L 209, p. 1).
By that plea, the applicant challenges the application of the financial corrections made by the contested decision, equal to 2 % of expenditure, submitting that those corrections were applied notwithstanding the proof, acknowledged by the Commission, that no significant financial damage was caused.
In addition, the applicant disputes the quantification of the corrections themselves in so far as their actual determination is disproportionate and manifestly illogical, since they are considerably higher than the potential damage resulting from the conduct attributed to the Italian authorities.
Case T-213/12 R: Order of the President of the General Court of 4 September 2012 — Elitaliana v Eulex Kosovo (Interim measures — Public contracts — Tendering procedure — Rejection of a tender — Application for interim measures — Disregard of the procedural requirements — Inadmissibility)
Date: 2012-09-04
Institutions: General Court
Subjects: Kosovo question, administrative contract, helicopter, invitation to tender








C_2012319EN.01001003.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/10





Order of the President of the General Court of 4 September 2012 — Elitaliana v Eulex Kosovo
(Case T-213/12 R)
(Interim measures - Public contracts - Tendering procedure - Rejection of a tender - Application for interim measures - Disregard of the procedural requirements - Inadmissibility)
2012/C 319/19
Language of the case: Italian

Parties


Applicant: Elitaliana SpA (Rome, Italy) (represented by: R. Colagrande, lawyer)

Defendant: Eulex Kosovo (Pristina, Republic of Kosovo) (represented by: G. Brosadola Pontotti, solicitor)

Re:

Action brought, in essence, to suspend the execution of the Eulex Kosovo decision rejecting the tender that the applicant had submitted in the public contract award procedure ‘EuropeAid/131516/D/SER/XK — Helicopter Support to the EULEX Mission in Kosovo (PROC/272/11)’ and awarding that contract to another tenderer.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Action brought on 4 September 2012 by the Government of Iceland against the EFTA Surveillance Authority (Case E-9/12)
Date: 2012-09-04
Institutions: EFTA Court
Subjects: Iceland, State aid, electricity supply, local tax, market prices, purchase, real property








C_2012369EN.01001401.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/14





Action brought on 4 September 2012 by the Government of Iceland against the EFTA Surveillance Authority
(Case E-9/12)
2012/C 369/12
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 4 September 2012 by the Government of Iceland, represented by Jóhanna Bryndís Bjarnadóttir, Counsellor at the Ministry for Foreign Affairs, acting as agent, Haraldur Steinþórsson, Legal Officer at the Ministry of Finance and Economic Affairs, acting as co-agent, and Dóra Sif Tynes, Attorney at Law, acting as Counsel.
The Applicant seeks a declaration by the EFTA Court that:






1.


Article 5 of the EFTA Surveillance Authority Decision No 261/12/COL of 4 July 2012 concerning municipal tax measures; the sale of real estate; and the sale of electricity to Verne Holdings ehf. is annulled;










2.


Article 6 of the EFTA Surveillance Authority Decision No 261/12/COL of 4 July 2012 concerning municipal tax measures; the sale of real estate; and the sale of electricity to Verne Holdings ehf. is void as concerns the reference to Article 5; and










3.


The EFTA Surveillance Authority is ordered to pay the full legal costs of the proceedings.





Legal and factual background and pleas in law adduced in support:






—


The Applicant, the Government of Iceland, seeks a partial annulment of the EFTA Surveillance Authority's Decision No 261/12/COL, adopted by the EFTA Surveillance Authority (ESA) on 4 July 2012 the contested decision. The contested decision was adopted following ESA's Decision No 418/10/COL of 3 November 2010 to open a formal investigation procedure.










—


The case concerns the application of Article 61(1) EEA and the EFTA Surveillance Authority's State Aid Guidelines on State aid elements in the sales of land and buildings by public authorities, on the sale of real estate in the former US military area in the Reykjanes peninsula by the Icelandic State.










—


The Applicant claims, inter alia, that the EFTA Surveillance Authority:






—


failed to demonstrate on the basis of facts or evidence that the real estate was sold below its market value. Therefore, the sale did not result in an economic advantage to the buyer and State aid is not present,










—


failed to investigate the sale adequately and manifestly erred in the assessment of the alleged state aid, and










—


failed to state adequate reasons in the contested decision.
Case T-395/12: Action brought on 4 September 2012 — Fetim v OHIM — Solid Floor (Solidfloor The professional's choice)
Date: 2012-09-04
Institutions: General Court
Subjects: EU trade mark, building materials, registered trade mark, trade-mark law








C_2012355EN.01003202.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/32





Action brought on 4 September 2012 — Fetim v OHIM — Solid Floor (Solidfloor The professional's choice)
(Case T-395/12)
2012/C 355/68
Language in which the application was lodged: English

Parties


Applicant: Fetim BV (Amsterdam, Netherlands) (represented by: L. Bakers, lawyer)

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

Other party to the proceedings before the Board of Appeal: Solid Floor Ltd (London, United Kingdom)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 June 2012 in case R 884/2011-2; and










—


Order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘Solidfloor The professional’s choice’, for goods in class 19 — Community trade mark application No 5667837

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: United Kingdom trade mark registration No 2390415 of the figurative mark ‘SOLID floor’, for goods in classes 19 and 37; Trade name ‘Solid Floor Ltd’ used in the course of trade in the United Kingdom; Domain name ‘SOLID floor’ used in the course of trade in the United Kingdom

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision, upheld the opposition in its entirety and rejected the CTM application

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Case T-642/11 P: Order of the General Court of 4 September 2012 — Mische v Parliament (Appeals — Civil service — Officials — Appointment — Classification in grade — Competition published before the entry into force of the new Staff Regulations of Officials — Distortion of the facts — Appeal manifestly unfounded)
Date: 2012-09-04
Institutions: General Court
Subjects: European official, appointment of staff, invitation to tender, regulations for civil servants, staff assessment








C_2012331EN.01002502.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/25






Order of the General Court of 4 September 2012 — Mische v Parliament
(Case T-642/11 P) (1)

(Appeals - Civil service - Officials - Appointment - Classification in grade - Competition published before the entry into force of the new Staff Regulations of Officials - Distortion of the facts - Appeal manifestly unfounded)
(2012/C 331/48)
Language of the case: English

Parties


Appellant: Harald Mische (Brussels, Belgium) (represented by: R. Holland, J. Mische and M. Velardo, lawyers)

Other parties to the proceedings: European Parliament (represented by: S. Seyr and S. Alves, Agents); and Council of the European Union (represented by: A. Jensen and J. Herrmann, Agents)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 29 September 2011 in Case F-93/05 Mische v Parliament [2011] ECR-SC I-A-1-0000 and II-A-1-0000 seeking to have that judgment set aside.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Harald Mische shall bear his own costs and those incurred by the European Parliament in the present proceedings.










3.


The Council of the European Union shall bear its own costs.






(1)  OJ C 49, 18.2.2012.
Interest rate applied by the European Central Bank to its main refinancing operations: 0,75 % on 1 September 2012 — Euro exchange rates
Date: 2012-09-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest








C_2012266EN.01000101.xml










4.9.2012   


EN


Official Journal of the European Union


C 266/1





Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,75 % on 1 September 2012
Euro exchange rates (2)

3 September 2012
2012/C 266/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2568




JPY


Japanese yen


98,43




DKK


Danish krone


7,4512




GBP


Pound sterling


0,79120




SEK


Swedish krona


8,4161




CHF


Swiss franc


1,2008




ISK


Iceland króna


 




NOK


Norwegian krone


7,3015




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,894




HUF


Hungarian forint


284,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1933




RON


Romanian leu


4,4921




TRY


Turkish lira


2,2878




AUD


Australian dollar


1,2278




CAD


Canadian dollar


1,2400




HKD


Hong Kong dollar


9,7484




NZD


New Zealand dollar


1,5753




SGD


Singapore dollar


1,5682




KRW


South Korean won


1 422,42




ZAR


South African rand


10,5856




CNY


Chinese yuan renminbi


7,9686




HRK


Croatian kuna


7,4733




IDR


Indonesian rupiah


12 007,25




MYR


Malaysian ringgit


3,9118




PHP


Philippine peso


52,669




RUB


Russian rouble


40,7375




THB


Thai baht


39,250




BRL


Brazilian real


2,5503




MXN


Mexican peso


16,6224




INR


Indian rupee


69,7960






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

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