do-me/EUR-LEX huggingface dataset:
Case T-484/11: Order of the General Court of 14 September 2012 — Skyhawke Technologies v OHIM — British Sky Broadcasting and Sky IP International (SKYCADDIE)
Date: 2012-09-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, sports equipment, technology, trade-mark law








C_2012355EN.01003801.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/38





Order of the General Court of 14 September 2012 — Skyhawke Technologies v OHIM — British Sky Broadcasting and Sky IP International (SKYCADDIE)
(Case T-484/11) (1)

2012/C 355/80
Language of the case: English
The President of the Fourth Chamber has ordered that the case be removed from the register.


(1)  OJ C 319, 29.10.2011.
Case T-408/12: Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (ubee)
Date: 2012-09-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications equipment, trade-mark law








C_2012355EN.01003302.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/33





Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (ubee)
(Case T-408/12)
2012/C 355/70
Language in which the application was lodged: English

Parties


Applicant: Ubee Interactive Corp. (Jhubei City, Taiwan) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Augere Holdings (Netherlands) BV (Amsterdam, Netherlands)

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 11 July 2012 in case R 1848/2011-2; and










—


Order the defendant 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 ‘ubee’, for goods and services in classes 9 and 38 — Community trade mark application No 7467111

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 7130248 of the word mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42; Community trade mark No 7224603 of the figurative mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Corrigendum to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax ( OJ L 347, 11.12.2006 )
Date: 2012-09-14
Institutions: Council of the European Union
Subjects: VAT, basis of tax assessment, delivery, provision of services, tax collection, tax exemption, tax harmonisation, tax relief








L_2012249EN.01001501.xml










14.9.2012   


EN


Official Journal of the European Union


L 249/15







Corrigendum to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax
(
Official Journal of the European Union L 347 of 11 December 2006
)

On page 20:
for:


                           ‘TITLE VII
TAXABLE AMOUNT
CHAPTER 4
IMPORTATION OF GOODS’,

read:


                           ‘TITLE VII
TAXABLE AMOUNT
CHAPTER 1
Definition’.
Case C-418/12 P: Appeal brought on 14 September 2012 by TME SpA — Termomeccanica Ecologia against the order of the General Court (Third Chamber) delivered on 4 July 2012 in Case T-329/11 TME SpA — Termomeccanica Ecologia v Commission
Date: 2012-09-14
Institutions: Court of Justice
Subjects: Romania, award of contract, damages, foreign policy, general budget (EU), indemnification, infringement of EU law, invitation to tender








C_2012373EN.01000301.xml










1.12.2012   


EN


Official Journal of the European Union


C 373/3





Appeal brought on 14 September 2012 by TME SpA — Termomeccanica Ecologia against the order of the General Court (Third Chamber) delivered on 4 July 2012 in Case T-329/11 TME SpA — Termomeccanica Ecologia v Commission
(Case C-418/12 P)
2012/C 373/03
Language of the case: Italian

Parties


Appellant: TME SpA — Termomeccanica Ecologia (represented by: C. Malinconico, S. Fidanzia and A. Gigliola, lawyers)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside the order of the General Court of 4 July 2012 in Case T-329/11, notified on 9 July 2012, for the reasons set out in the grounds of the application, and accordingly;










—


Annul the decision of the European Commission of 20 April 2011 ruling out the need to initiate infringement proceedings against Romania for breach of Community principles and directives on the award of public procurement contracts and of the ‘Practical Guide to contract procedures financed from the General Budget of the European Communities in the context of external actions’ (PRAG);










—


order the European Commission to pay damages in the amount of EUR 18 955 106, or such greater or lesser amount as may be considered appropriate by the Court, by way of compensation for the damage sustained by TME as a result of the breach of Community law on the part of the European Commission itself;










—


in the alternative, order the European Commission to pay compensation for the loss of opportunity suffered by TME, equivalent to EUR 3 791 021, or to pay such greater or lesser amount as may be considered appropriate by the Court;










—


in the further alternative, order the European Commission to pay compensation for the delay attributable to the European Commission in the performance of its duties, quantifiable as the overall amount represented by the legal fees incurred by TME, equal to EUR 73 044,32, or such greater or lesser amount as may be considered appropriate by the Court;










—


order the European Commission to pay the costs of the proceedings.





Pleas in law and main arguments

The Commission was required, under Clause 2.4.12 of the PRAG and Volume I, Clause 37, of the offer document, to deliver an ‘opinion’ on the procedure which was challenged by TME. The Commission did not fulfil that obligation.
Moreover, the Commission erred by failing to intervene to remedy the clear breach of Community law and recover the funds granted to the Romanian State in connection with the contract at issue, following the complaint lodged by TME on 10 December 2008.
Prior notification of a concentration (Case COMP/M.6712 — Carlyle/Getty Images) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-09-14
Institutions: European Commission
Subjects: digital technology, economic concentration, investment company, merger control








C_2012278EN.01000601.xml










14.9.2012   


EN


Official Journal of the European Union


C 278/6





Prior notification of a concentration
(Case COMP/M.6712 — Carlyle/Getty Images)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 278/05






1.


On 7 September 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Griffey Investors, L.P. (‘Griffey Investors’, United States), ultimately controlled by the Carlyle Group (‘Carlyle’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Getty Images, Inc. (‘Getty Images’, United States), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Carlyle: alternative asset manager,










—


for Getty Images: creation and distribution of digital media content, including visual content such as creative or ‘stock’ imagery, stock footage, editorial imagery, illustrations and related services, as well as music downloads, to business clients.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6712 — Carlyle/Getty Images, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Commission Regulation (EU) No 831/2012 of 14 September 2012 establishing a prohibition of fishing for Hake in EU waters of IIa and IV by vessels flying the flag of the Netherlands
Date: 2012-09-14
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norwegian Sea, catch quota, fishing rights, sea fish, ship's flag








L_2012251EN.01002501.xml










18.9.2012   


EN


Official Journal of the European Union


L 251/25








            COMMISSION REGULATION (EU) No 831/2012
of 14 September 2012
         
establishing a prohibition of fishing for Hake in EU waters of IIa and IV by vessels flying the flag of the Netherlands


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, 14 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. 1.




ANNEX






No


33/TQ43




Member State


The Netherlands




Stock


HKE/2AC4-C




Species


Hake (Merluccius merluccius)




Zone


EU waters of IIa and IV




Date


17.8.2012
Case T-407/12: Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (Ubee Interactive)
Date: 2012-09-14
Institutions: General Court
Subjects: EU trade mark, registered trade mark, telecommunications equipment, trade-mark law








C_2012355EN.01003301.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/33





Action brought on 14 September 2012 — Ubee Interactive v OHIM — Augere Holdings (Netherlands) (Ubee Interactive)
(Case T-407/12)
2012/C 355/69
Language in which the application was lodged: English

Parties


Applicant: Ubee Interactive Corp. (Jhubei City, Taiwan) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: Augere Holdings (Netherlands) BV (Amsterdam, Netherlands)

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 12 July 2012 in case R 1849/2011-2; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘Ubee Interactive’, for goods and services in classes 9 and 38 — Community trade mark application No 7397326

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 7130248 of the word mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42; Community trade mark No 7224603 of the figurative mark ‘QUBEE’, for goods and services in classes 9, 37, 38 and 42

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Prior notification of a concentration (Case COMP/M.6662 — Andritz IV/Schuler)  Text with EEA relevance
Date: 2012-09-14
Institutions: European Commission
Subjects: economic concentration, energy industry, merger control, metallurgical industry, pulp and paper industry








C_2012278EN.01000501.xml










14.9.2012   


EN


Official Journal of the European Union


C 278/5





Prior notification of a concentration
(Case COMP/M.6662 — Andritz IV/Schuler)
(Text with EEA relevance)
2012/C 278/04






1.


On 10 September 2012 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Andritz Beteiligungsgesellschaft IV GmbH (Germany), belonging to the Andritz Group (Austria), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Schuler AG (Germany) by way of purchase of shares, and by public bid announced on 2 July 2012.










2.


The business activities of the undertakings concerned are:






—


The Andritz Group is a global manufacturer and supplier of plant, equipment, and services for hydroelectric power stations, the pulp and paper industry, industrial solid-liquid separation, the steel and metal industry, and for the production of animal feed and biomass pellets,










—


Schuler AG is a global operator in the metal processing sector, and supplies plants, tools and operational expertise for the metalworking industry. It is also active in the minting technology sector, and sells system solutions for the aeronautical, space and railway industries.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6662 — Andritz IV/Schuler, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case C-416/12: Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 14 September 2012 — Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
Date: 2012-09-14
Institutions: Court of Justice
Subjects: broadcasting, copyright, radio telecommunications, television








C_2012379EN.01001401.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/14





Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 14 September 2012 — Wikom Elektrik GmbH v VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH
(Case C-416/12)
2012/C 379/23
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Claimant: Wikom Elektrik GmbH

Defendant: VG Media Gesellschaft zur Verwertung der Urheber- und Leistungsschutzrechte mbH

Question referred

Does the concept of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC (1) include the rebroadcasting, by wire, of a broadcast work in the case where the original broadcast can also be received by wireless means in the catchment area, the work is rebroadcast to the owners of reception equipment who receive the broadcast personally or within their own private or family circles, and the rebroadcasting is carried out for profit-making purposes by a broadcasting organisation other than the original one?


(1)  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).
Commission Regulation (EU) No 828/2012 of 14 September 2012 establishing a prohibition of fishing for roundnose grenadier in EU and international waters of Vb, VI, VII by vessels flying the flag of Spain
Date: 2012-09-14
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012251EN.01001901.xml










18.9.2012   


EN


Official Journal of the European Union


L 251/19








            COMMISSION REGULATION (EU) No 828/2012
of 14 September 2012
         
establishing a prohibition of fishing for roundnose grenadier in EU and international waters of Vb, VI, VII 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 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species (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, 14 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 336, 21.12.2010, p. 1.




ANNEX






No


16/DSS




Member State


Spain




Stock


RNG/5B67-




Species


Roundnose grenadier (Coryphaenoides rupestris)




Zone


EU and international waters of Vb, VI, VII




Date


30.7.2012
Case C-420/12: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy), lodged on 14 September 2012 — Anitrav v Roma Capitale
Date: 2012-09-14
Institutions: Court of Justice
Subjects: Italy, local government, right of establishment, transport licence








C_2012366EN.01002601.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/26





Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy), lodged on 14 September 2012 — Anitrav v Roma Capitale
(Case C-420/12)
2012/C 366/46
Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings


Applicant: Associazione Nazionale Imprese Trasporto Viaggiatori (Anitrav)

Defendant: Roma Capitale

Question referred

Do Article 49 TFEU, Article 3 TEU, Articles 3 TFEU, 4 TFEU, 5 TFEU, 6 TFEU, 101 TFEU and 102 TFEU preclude the application of Articles 3(3), 8(3) and 11 of Law No 21 of 1992 [on the carriage of passengers by public non-scheduled car and coach services] in so far as the latter provisions respectively provide that ‘[t]he registered office of the carrier, and the garage, must be located, exclusively, within the territory of the municipality which issued the authorisation’, that ‘[i]n order to obtain and maintain an authorisation for a car- and driver-hire service it is necessary to have the use, pursuant to a valid legal title, of a registered office, a garage or a vehicle rank located in the territory of the municipality which issued the authorisation’ and that ‘[b]ookings for car- and driver-hire services shall take place at the garage. Each individual car- and driver-hire service must begin and end at the garage located in the municipality in which the authorisation was issued, returning to that garage, although the collection of the user and the user’s arrival at his destination may take place also in other municipalities’?
Case C-88/12: Order of the President of the Court of 14 September 2012 — (reference for a preliminary ruling from the Rechtbank Roermond — Netherlands) — Criminal proceedings against Jibril Jaoo
Date: 2012-09-14
Institutions: Court of Justice
Subjects: Netherlands, Schengen Agreement, border control, foreign national








C_2012379EN.01002002.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/20





Order of the President of the Court of 14 September 2012 — (reference for a preliminary ruling from the Rechtbank Roermond — Netherlands) — Criminal proceedings against Jibril Jaoo
(Case C-88/12) (1)

2012/C 379/34
Language of the case: Dutch
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 126, 28.4.2012.