do-me/EUR-LEX huggingface dataset:
Case T-379/09: Judgment of the General Court of 13 September 2012 — Italy v Commission (State aid — Exemption from excise duty on diesel used to heat glasshouses — Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid — Duty to state reasons — Selective nature — Effect on trade between Member States — Effect on competition — Directive 92/81/EEC — Directive 2003/96/EC — Community framework for State aid for the protection of the environment)
Date: 2012-09-13
Institutions: General Court
Subjects: Italy, State aid, common market, competition, diesel fuel, directive, environmental protection, excise duty, glasshouse cultivation, heating, reimbursement of aid, tax exemption, trading operation








C_2012319EN.01000701.xml










20.10.2012   


EN


Official Journal of the European Union


C 319/7





Judgment of the General Court of 13 September 2012 — Italy v Commission
(Case T-379/09) (1)

(State aid - Exemption from excise duty on diesel used to heat glasshouses - Decision declaring the aid scheme incompatible with the common market and ordering the recovery of the aid paid - Duty to state reasons - Selective nature - Effect on trade between Member States - Effect on competition - Directive 92/81/EEC - Directive 2003/96/EC - Community framework for State aid for the protection of the environment)
2012/C 319/10
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: F. Arena, G. Palmieri and F. Varrone, avvocati dello Stato)

Defendant: European Commission (represented by: B. Stromsky and D. Grespan, acting as Agents)

Re:

Application for annulment of Commission Decision 2009/944/EC of 13 July 2009 on State aid schemes C 6/04 (ex NN 70/01) and C 5/05 (ex NN 71/04) implemented by Italy in favour of glasshouse growers (exemption from excise duty on diesel used to heat glasshouses) (OJ 2009 L 327, p. 6).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 282, 21.11.2009.
Euro exchange rates
Date: 2012-09-13
Institutions: European Commission
Subjects: euro, exchange rate








C_2012276EN.01000501.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/5





Euro exchange rates (1)

12 September 2012
2012/C 276/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2896




JPY


Japanese yen


100,45




DKK


Danish krone


7,4541




GBP


Pound sterling


0,80170




SEK


Swedish krona


8,4735




CHF


Swiss franc


1,2083




ISK


Iceland króna


 




NOK


Norwegian krone


7,4070




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,440




HUF


Hungarian forint


283,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,0927




RON


Romanian leu


4,5010




TRY


Turkish lira


2,3284




AUD


Australian dollar


1,2322




CAD


Canadian dollar


1,2566




HKD


Hong Kong dollar


10,0006




NZD


New Zealand dollar


1,5739




SGD


Singapore dollar


1,5844




KRW


South Korean won


1 453,36




ZAR


South African rand


10,7313




CNY


Chinese yuan renminbi


8,1592




HRK


Croatian kuna


7,4070




IDR


Indonesian rupiah


12 343,39




MYR


Malaysian ringgit


3,9640




PHP


Philippine peso


53,583




RUB


Russian rouble


40,4920




THB


Thai baht


39,926




BRL


Brazilian real


2,6036




MXN


Mexican peso


16,7652




INR


Indian rupee


71,2230






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-13
Institutions: European Commission
Subjects: Norwegian Sea, Spain, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012276EN.01000801.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/8





Information communicated by Member States regarding closure of fisheries
2012/C 276/05
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.4.2012




Duration


10.4.2012-31.12.2012




Member State


Spain




Stock or group of stocks


COD/1N2AB.




Species


COD (Gadus Morhua)




Zone


Norwegian waters of I and II




Type(s) of fishing vessels


—




Reference number


FS24TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-187/12: Order of the General Court of 13 September 2012 — Bäßler v OHIM (MAX) (Application — Formal requirements — Manifest inadmissibility)
Date: 2012-09-13
Institutions: General Court
Subjects: EU trade mark, legal domicile, registered trade mark, trade-mark law








C_2012399EN.01002301.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/23





Order of the General Court of 13 September 2012 — Bäßler v OHIM (MAX)
(Case T-187/12)
(Application - Formal requirements - Manifest inadmissibility)
2012/C 399/43
Language of the case: English

Parties


Applicant: Uwe Bäßler (Gmunden, Austria) (represented by: L. Müller, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 2 February 2012 (Case R 0909/2011-1), concerning an application for registration of the word mark MAX as a Community trade mark.

Operative part of the order

The Court:






1.


Dismisses the action as inadmissible.










2.


Orders the applicant to bear his own costs.
Case T-369/11: Order of the General Court of 13 September 2012 — Diadikasia Symbouloi Epicheiriseon v Commission and Others (Action for damages — Instrument for Pre-Accession Assistance — Third country — National public procurement — Decentralised management — Inadmissibility — Lack of jurisdiction)
Date: 2012-09-13
Institutions: General Court
Subjects: Türkiye, award of contract, indemnification, invitation to tender, pre-accession aid








C_2012343EN.01001601.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/16





Order of the General Court of 13 September 2012 — Diadikasia Symbouloi Epicheiriseon v Commission and Others
(Case T-369/11) (1)

(Action for damages - Instrument for Pre-Accession Assistance - Third country - National public procurement - Decentralised management - Inadmissibility - Lack of jurisdiction)
2012/C 343/26
Language of the case: English

Parties


Applicant: Diadikasia Symbouloi Epicheiriseon AE (Chalandri, Greece) (represented by: A. Krystallidis, lawyer)

Defendants: European Commission (represented by: F. Erlbacher and P. van Nuffel, Agents); European Union Delegation to Turkey (Ankara, Turkey); and Central Finance & Contracts Unit (CFCU) (Ankara, Turkey)

Re:

Application for compensation in respect of the damage arising from the CFCU’s decision of 5 April 2011, and any subsequent decision, annulling the award of the contract ‘Enlargement of the European Turkish Business Centres Network to Sivas, Antakya, Batman and Van — EuropeAid/128621/D/SER/TR’ to the consortium Diadikasia Business Consultants SA (GR) — Wyg International Ltd (UK) — Deleeuw International Ltd (TR) — Cyberpark (TR), on the ground of allegedly false declarations

Operative part of the order







1.


The action is dismissed.










2.


Diadikasia Symbouloi Epicheiriseon AE shall bear its own costs and pay those incurred by the European Commission.






(1)  OJ C 282, 24.9.2011.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-13
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012276EN.01000601.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/6





Information communicated by Member States regarding closure of fisheries
2012/C 276/03
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.8.2012




Duration


10.8.2012-31.12.2012




Member State


Belgium




Stock or group of stocks


ANF/8ABDE.




Species


Anglerfish (Lophiidae)




Zone


VIIIa, VIIIb, VIIId and VIIIe




Type(s) of fishing vessels


—




Reference number


FS22TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-415/12: Reference for a preliminary ruling from the Arbeitsgericht Nienburg (Germany), lodged on 13 September 2012 — Bianca Brandes v Land Niedersachsen
Date: 2012-09-13
Institutions: Court of Justice
Subjects: holiday, part-time employment








C_2012366EN.01002501.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/25





Reference for a preliminary ruling from the Arbeitsgericht Nienburg (Germany), lodged on 13 September 2012 — Bianca Brandes v Land Niedersachsen
(Case C-415/12)
2012/C 366/44
Language of the case: German

Referring court

Arbeitsgericht Nienburg

Parties to the main proceedings


Applicant: Bianca Brandes

Defendant: Land Niedersachsen

Question referred

Is the relevant European Union law, in particular Clause 4(1) and (2) of the Framework Agreement on part-time work contained in the Annex to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, (1) as amended by Directive 98/23, (2) to be interpreted as precluding national statutory or collective provisions or practices under which, in the event of a change in the scale of a worker’s employment associated with a change in the number of days worked per week, the scale of the entitlement to leave which the worker was unable to exercise during the reference period is adjusted in such a way that, although the amount of leave entitlement, expressed in weeks, remains the same, the leave entitlement, expressed in days, is converted to the new scale of employment?


(1)  Council Directive 97/81/EC of 15 December 1997 (OJ 1998 L 14, p. 9).

(2)  Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland (OJ 1998 L 131, p. 10).
Corrigendum to Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ( OJ L 304, 22.11.2011 )
Date: 2012-09-13
Institutions: Council of the European Union, European Parliament
Subjects: consumer information, food safety, foodstuff, foodstuffs legislation, labelling, product quality








L_2012247EN.01001701.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/17







Corrigendum to Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004
(
Official Journal of the European Union L 304 of 22 November 2011
)

On page 57, Annex X, last indent of point 1(d):
for:






‘—


chewing gums and similar chewing products,’




read:






‘—


chewing gums and similar chewing products.’.
Case C-421/12: Action brought on 13 September 2012 — European Commission v Kingdom of Belgium
Date: 2012-09-13
Institutions: Court of Justice
Subjects: dentist, itinerant trade, liberal profession, national implementing measure, paramedical profession, restriction on competition








C_2012355EN.01001101.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/11





Action brought on 13 September 2012 — European Commission v Kingdom of Belgium
(Case C-421/12)
2012/C 355/18
Language of the case: French

Parties


Applicant: European Commission (represented by: M. van Beek and M. Owsiany-Hornung, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that:






—


by excluding from the scope of the Law of 5 June 2007 transposing Directive 2005/29/EC on unfair commercial practices (1) members of a profession and dentists and physiotherapists, the Kingdom of Belgium has failed to fulfil its obligations under Article 3, combined with Article 2(b) and (d) of that directive;










—


by maintaining in force Articles 20, 21 and 29 of the Law of 6 April 2010 on market practices and consumer protection, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Directive 2005/29/EC on unfair commercial practices;










—


by maintaining in force the third subparagraph of Article 4(1) of the Law of 25 June 1993 on the exercise and organisation of travelling trading and fairground activities as inserted by Article 7 of the Law of 4 July 2005 modifying the Law of 25 June 1993 on the exercise of travelling trading activities and the organisation of public markets, and point 4 of Article 5(1) of the Royal Decree of 24 September 2006 concerning the exercise and organisation of travelling trading activities, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of Directive 2005/29/EC on unfair commercial practices.














—


Order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The period for transposition of Directive 2005/29/EC expired on 12 June 2007.


(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).
EU-Algeria agreement on scientific and technological cooperation *** European Parliament legislative resolution of 13 September 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the People's Democratic Republic of Algeria on scientific and technological cooperation (08283/2012 – C7-0122/2012 – 2011/0175(NLE))
Date: 2012-09-13
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Algeria, cooperation agreement (EU), renewal of an agreement, technical cooperation, technology








CE2013353EN.01024702.xml










3.12.2013   


EN


Official Journal of the European Union


CE 353/247





Thursday 13 September 2012EU-Algeria agreement on scientific and technological cooperation ***
P7_TA(2012)0338
European Parliament legislative resolution of 13 September 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the People's Democratic Republic of Algeria on scientific and technological cooperation (08283/2012 – C7-0122/2012 – 2011/0175(NLE))
2013/C 353 E/45
(Consent)

The European Parliament,






—


having regard to the draft Council decision (08283/2012),










—


having regard to the draft agreement signed on 19 March 2012 (17318/2011),










—


having regard to the request for consent submitted by the Council in accordance with Article 186, Article 218(6), second subparagraph, point (a), and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0122/2012),










—


having regard to Rules 81, 90(7) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0267/2012),










1.


Consents to the conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the People's Democratic Republic of Algeria.
Case C-495/11 P: Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission (Appeal — Regulation (EC) No 1/2003 — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons)
Date: 2012-09-13
Institutions: Court of Justice
Subjects: chemical salt, competition, oxide, principle of proportionality, restriction on competition, rights of the defence








C_2013101EN.01000202.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/2





Order of the Court of 13 September 2012 — Total SA, Elf Aquitaine SA v European Commission
(Case C-495/11 P) (1)

(Appeal - Regulation (EC) No 1/2003 - Competition - Agreements, decisions and concerted practices - Infringement of the principles of conferred powers and of proportionality - Manifestly incorrect interpretation - Infringement of the rights of the defence and of the principles of equity and of the equality of arms - Obligation to state reasons)
2013/C 101/03
Language of the case: French

Parties


Appellants: Total SA, Elf Aquitaine SA (represented by: E. Morgan de Rivery and A. Noël-Baron, avocats)

Other party to the proceedings: European Commission (represented by: B. Gencarelli, P. Van Nuffel and V. Bottka, acting as Agents)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 14 July 2011 in Case T-190/06 Total and Elf Aquitaine v Commission by which that Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate) — Competition — Agreements, decisions and concerted practices — Infringement of the principles of conferred powers and of proportionality — Manifestly incorrect interpretation — Infringement of the rights of the defence and of the principles of equity and of the equality of arms — Obligation to state reasons

Operative part of the order







1.


The appeal is dismissed.










2.


Total SA and Elf Aquitaine SA shall pay the costs.






(1)  OJ C 355, 3.12.2011.
Notice of open competitions
Date: 2012-09-13
Institutions: European Personnel Selection Office
Subjects: Croatia, EPSO, administrator, competition (EU), translation








C_2012276EN.01001001.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/10





NOTICE OF OPEN COMPETITIONS
2012/C 276/07
The European Personnel Selection Office (EPSO) is organising the following open competitions:






—


EPSO/AD/244/12 — Croatian administrators (AD 5)










—


EPSO/AD/245-246/12 — Heads of unit (AD 9/AD 12) in the field of translation having Croatian as their main language




The competition notices are published in Official Journal C 276 A of 13 September 2012 in English, French and German only.
Further details can be found on the EPSO website: http://www.eu-careers.info
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-13
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012276EN.01000701.xml










13.9.2012   


EN


Official Journal of the European Union


C 276/7





Information communicated by Member States regarding closure of fisheries
2012/C 276/04
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.8.2012




Duration


10.8.2012-31.12.2012




Member State


Belgium




Stock or group of stocks


WHG/08.




Species


Whiting (Merlangius merlangus)




Zone


VIII




Type(s) of fishing vessels


—




Reference number


FS23TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Corrigendum to Decision of the EEA Joint Committee No 156/2011 of 2 December 2011 amending Annex XX (Environment) to the EEA Agreement ( OJ L 76, 15.3.2012 )
Date: 2012-09-13
Institutions: EEA Joint Committee
Subjects: European Economic Area, database, exchange of information, greenhouse gas, information system, revision of an agreement, technical specification, tradeable emission permit








L_2012247EN.01001502.xml










13.9.2012   


EN


Official Journal of the European Union


L 247/15







Corrigendum to Decision of the EEA Joint Committee No 156/2011 of 2 December 2011 amending Annex XX (Environment) to the EEA Agreement
(
Official Journal of the European Union L 76 of 15 March 2012
)

Decision of the EEA Joint Committee No 156/2011 shall be amended as follows:






1.


In recital 7, the words ‘Directive 2003/87/EC’ shall be replaced with the words ‘Directive 2003/87/EC of the European Parliament and of the Council’;










2.


In recital 7, a footnote five with the words ‘OJ L 275, 25.10.2003, p. 32.’ shall be added after the words ‘Directive 2003/87/EC of the European Parliament and of the Council’;










3.


In Article 3, the words ‘This Decision shall enter into force on 3 December 2011 or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement, whichever is the later, but not earlier than 1 January 2012.’ shall be replaced with the words ‘This Decision shall enter into force on 1 January 2012 or on the day following the last notification to the EEA Joint Committee under Article 103(1) of the Agreement, whichever is the later.’.