do-me/EUR-LEX huggingface dataset:
Case T-405/12: Action brought on 10 September 2012 — FH (*) v Commission
Date: 2012-09-10
Institutions: General Court
Subjects: Belgium, administrative sanction, freedom of movement, indemnification, judicial inquiry, principle of proportionality, public building, rights of the defence




C_2012331EN.01003201.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/32






Action brought on 10 September 2012 —  FH (*1) v Commission
(Case T-405/12)
(2012/C 331/61)
Language of the case: French

Parties


Applicant: FH (*1) (represented by: É. Boigelot and R. Murru, lawyers)

Defendant: European Commission

Form of order sought







—


Declare the action admissible and well-founded;










—


Consequently,






—


before making its ruling, and as a measure of enquiry, order the production of the framework contract DI/06350-00 which was concluded between the Commission and the company Intrasoft;










—


annul the decision of 10 July 2012 and, as a result, the erratum of 11 July 2012;










—


order the European Commission to compensate it for the harm suffered by the applicant, set at the total sum of EUR 12 500, which is subject to increase in the course of the proceedings;










—


in any event, order the defendant to pay the entire costs, in accordance with Article 87 of the Rules of Procedure of the General Court of the European Union.









Pleas in law and main arguments

In support of the action for annulment, the applicant relies on the following three pleas in law.






1.


The first plea in law alleges infringement of the following principles: the duty to state reasons, the protection of legitimate expectations and the rights of the defence, the applicant having been informed orally of the contested decision withdrawing with immediate effect the documents giving him access to Commission buildings and that decision being referred to only in the minutes of a meeting between the applicant and the Commission’s human resources and security department. The applicant claims that the contested decision does not refer to the factors which led the Commission to take such a decision and that the legal basis of the decision was communicated to the applicant by an erratum issued after the decision took effect.










2.


The second plea in law alleges infringement of the principle of the presumption of innocence, in so far as it would appear that the only basis for the contested decision is an interview held by the Belgian police with the applicant in the course of an enquiry of which he is not the object but which concerns a childhood friend with whom he telephoned from time to time.










3.


The third plea in law alleges infringement of the principle of proportionality, the Commission having denied the applicant access to Commission buildings although no charges had been laid against him and he is not the object of the police investigation in question.






(*1)  Information erased or replaced within the framework of protection of personal data and/or confidentiality.
Commission Regulation (EU) No 811/2012 of 10 September 2012 establishing a prohibition of fishing for cod in Norwegian waters of I and II by vessels flying the flag of Spain
Date: 2012-09-10
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Norwegian Sea, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2012247EN.01000501.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/5








            COMMISSION REGULATION (EU) No 811/2012
of 10 September 2012
         
establishing a prohibition of fishing for cod in Norwegian waters of I and II 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, 10 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


24/TQ44




Member State


Spain




Stock


COD/1N2AB.




Species


Cod (Gadus morhua)





Zone


Norwegian waters of I and II




Date


10.4.2012
Commission Regulation (EU) No 810/2012 of 10 September 2012 establishing a prohibition of fishing for Anglerfish in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium
Date: 2012-09-10
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch quota, fishing rights, sea fish, ship's flag








L_2012247EN.01000301.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/3








            COMMISSION REGULATION (EU) No 810/2012
of 10 September 2012
         
establishing a prohibition of fishing for Anglerfish in areas VIIIa, VIIIb, VIIId and VIIIe by vessels flying the flag of Belgium


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 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not 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, 10 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, 27.01.2012, p. 1.




ANNEX






No


22/TQ43




Member State


Belgium




Stock


ANF/8ABDE.




Species


Anglerfish (Lophiidae)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Date


10.8.2012
Case T-401/12: Action brought on 10 September 2012 — Klingel v OHIM — Develey (JUNGBORN)
Date: 2012-09-10
Institutions: General Court
Subjects: EU trade mark, electronic commerce, food industry, registered trade mark, trade-mark law








C_2012331EN.01003102.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/31






Action brought on 10 September 2012 — Klingel v OHIM — Develey (JUNGBORN)
(Case T-401/12)
(2012/C 331/60)
Language in which the application was lodged: German

Parties


Applicant: Robert Klingel OHG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)

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

Other party to the proceedings before the Board of Appeal: Develey Holding GmbH & Co. Beteiligungs KG (Unterhaching, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2012 in Case R 936/2011-4;










—


reject the opposition to the protection of international registration W 1 002 323 — JUNGBORN;










—


in the alternative, refer the case back to the Board of Appeal for a further decision;










—


order the unsuccessful party to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Robert Klingel OHG

Community trade mark concerned: Word mark ‘JUNGBORN’ for goods in Classes 29, 30, 32 and 33 — international registration designating the European Union No W 1 002 323

Proprietor of the mark or sign cited in the opposition proceedings: Develey Holding GmbH & Co. Beteiligungs KG

Mark or sign cited in opposition: German word mark ‘BORN’ for goods in Classes 29, 30 and 32

Decision of the Opposition Division: The opposition was allowed in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of Article 41(1)(a) and Article 8(1)(b) of Regulation No 207/2009
Commission Regulation (EU) No 809/2012 of 10 September 2012 establishing a prohibition of fishing for whiting in area VIII by vessels flying the flag of Belgium
Date: 2012-09-10
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch quota, fishing rights, sea fish, ship's flag








L_2012247EN.01000101.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/1








            COMMISSION REGULATION (EU) No 809/2012
of 10 September 2012
         
establishing a prohibition of fishing for whiting in area VIII by vessels flying the flag of Belgium


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 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not 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, 10 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, 27.01.2012, p. 1.




ANNEX






No


23/TQ43




Member State


Belgium




Stock


WHG/08.




Species


Whiting (Merlangius merlangus)




Zone


VIII




Date


10.8.2012