do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2012-09-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2012281EN.01000201.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/2





Euro exchange rates (1)

17 September 2012
2012/C 281/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3086




JPY


Japanese yen


102,61




DKK


Danish krone


7,4552




GBP


Pound sterling


0,80695




SEK


Swedish krona


8,6243




CHF


Swiss franc


1,2160




ISK


Iceland króna


 




NOK


Norwegian krone


7,4725




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,505




HUF


Hungarian forint


282,98




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1034




RON


Romanian leu


4,4885




TRY


Turkish lira


2,3542




AUD


Australian dollar


1,2452




CAD


Canadian dollar


1,2733




HKD


Hong Kong dollar


10,1444




NZD


New Zealand dollar


1,5786




SGD


Singapore dollar


1,6020




KRW


South Korean won


1 462,17




ZAR


South African rand


10,8353




CNY


Chinese yuan renminbi


8,2745




HRK


Croatian kuna


7,4005




IDR


Indonesian rupiah


12 388,75




MYR


Malaysian ringgit


3,9853




PHP


Philippine peso


54,401




RUB


Russian rouble


40,1550




THB


Thai baht


40,318




BRL


Brazilian real


2,6411




MXN


Mexican peso


16,7236




INR


Indian rupee


70,7360






(1)  Source: reference exchange rate published by the ECB.
Case C-426/12: Reference for a preliminary ruling from the Gerechtshof te ’s-Hertogenbosch (Netherlands), lodged on 18 September 2012 — X; Other party: Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
Date: 2012-09-18
Institutions: Court of Justice
Subjects: Combined Nomenclature, coal, excise duty, fertiliser, heating, interpretation of the law, sugar beet








C_2012399EN.01000902.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/9





Reference for a preliminary ruling from the Gerechtshof te ’s-Hertogenbosch (Netherlands), lodged on 18 September 2012 — X; Other party: Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst
(Case C-426/12)
2012/C 399/15
Language of the case: Dutch

Referring court

Gerechtshof te ’s-Hertogenbosch

Parties to the main proceedings


Appellant: X

Other party: Voorzitter van het managementteam van het onderdeel Belastingdienst/Z van de rijksbelastingdienst

Questions referred







1.


Is there dual use within the meaning of Article 2(4)(b) of Directive 2003/96/EC (1) in the case where coal (products within the CN codes 2701, 2702 and 2704) is used as heating fuel in a lime kiln, while the carbon dioxide generated in that lime kiln from the coal (and limestone) is used for the production of lime-kiln gas, which is subsequently used in, and is indispensable for, the purification of the raw juice obtained from sugar beet?










2.


Is there dual use within the meaning of Article 2(4)(b) of Directive 2003/96/EC in the case where coal (products within the CN codes 2701, 2702 and 2704) is used as heating fuel, while 66 % of the carbon dioxide generated during the heating and taken up by the lime-kiln gas is absorbed, during the subsequent purification referred to above, by earth foam, which is sold as lime fertiliser to the agricultural sector?










3.


In the event that there is dual use within the meaning of Article 2(4)(b) of Directive 2003/96/EC: having regard to the (literal) text of the opening words of Article 2(4) of Directive 2003/96/EC, is that directive not applicable, with the result that the appellant cannot rely (for the interpretation in national legislation of the concept of dual use as referred to in Article 20(e) Wbm (2)) on the direct effect of that directive?










4.


In the event that there is dual use within the meaning of Article 2(4)(b) of Directive 2003/96/EC and the latter is (consequently) inapplicable: in the case of the levying of a tax such as the present fuel tax, does European Union law preclude a more restrictive interpretation of the concept of dual use under domestic law as compared with an interpretation in accordance with Directive 2003/96/EC?






(1)  Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51).

(2)  Wet belastingen op milieugrondslag (Netherlands Law introducing taxes for the protection of the environment).
Non-opposition to a notified concentration (Case COMP/M.6691 — AXA IMPEE/FIVES)  Text with EEA relevance
Date: 2012-09-18
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, technology








C_2012281EN.01000101.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/1





Non-opposition to a notified concentration
(Case COMP/M.6691 — AXA IMPEE/FIVES)
(Text with EEA relevance)
2012/C 281/01
On 10 September 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in French and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6691. EUR-Lex is the on-line access to the European law.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production’ COM(2012) 343 final — 2012/0165 (COD)
Date: 2012-09-18
Institutions: European Economic and Social Committee
Subjects: Serbia, import (EU), marketing standard, originating product, quality control of agricultural products, quality standard, seed








C_2012351EN.01009201.xml










15.11.2012   


EN


Official Journal of the European Union


C 351/92





Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production’
COM(2012) 343 final — 2012/0165 (COD)
2012/C 351/23
The European Parliament and the Council decided, on 5 June 2012 and 23 July 2012 respectively, to consult the European Economic and Social Committee, under Articles 43(2) and 304 of the Treaty on the Functioning of the European Union, on the

Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production

COM(2012) 343 final — 2012/0165 (COD).
Since the Committee endorses the contents of the proposal, it decided at its 483rd plenary session of 18 and 19 September 2012 (meeting of 18 September), by 142 votes to 3 with 8 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 18 September 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-18
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012281EN.01000402.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/4





Information communicated by Member States regarding closure of fisheries
2012/C 281/07
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


17.8.2012




Duration


17.8.2012-31.12.2012




Member State


The Netherlands




Stock or group of stocks


HKE/2AC4-C.




Species


Hake (Merluccius merluccius)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


FS33TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Regulation (EU) No 854/2012 of 18 September 2012 establishing a prohibition of fishing for plaice in areas VIId and VIIe by vessels flying the flag of the Netherlands
Date: 2012-09-18
Institutions: European Commission
Subjects: EU waters, English Channel, Netherlands, catch quota, fishing rights, sea fish, ship's flag








L_2012255EN.01001001.xml










21.9.2012   


EN


Official Journal of the European Union


L 255/10








            COMMISSION REGULATION (EU) No 854/2012
of 18 September 2012
         
establishing a prohibition of fishing for plaice in areas VIId and VIIe 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, 18 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


36/TQ43




Member State


The Netherlands




Stock


PLE/7DE.




Species


Plaice (Pleuronectes platessa)




Zone


VIId and VIIe




Date


23.8.2012
Case C-587/11 P: Order of the Court (Seventh Chamber) of 18 September 2012 — Omnicare Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Astellas Pharma GmbH (Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ — Opposition — Decision of the Board of Appeal rejecting the application — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate)
Date: 2012-09-18
Institutions: Court of Justice
Subjects: EU trade mark, application of EU law, medical research, pharmaceutical product, provision of services, registered trade mark, trade-mark law








C_2013009EN.01002402.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/24





Order of the Court (Seventh Chamber) of 18 September 2012 — Omnicare Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Astellas Pharma GmbH
(Case C-587/11 P) (1)

(Appeal - Community trade mark - Application for registration of the word sign ‘OMNICARE CLINICAL RESEARCH’ - Opposition - Decision of the Board of Appeal rejecting the application - Action - Judgment of the General Court dismissing that action - Withdrawal of the opposition - Appeal - No need to adjudicate)
2013/C 9/40
Language of the case: English

Parties


Appellant: Omnicare Inc. (represented by: M. Edenborough, QC)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent), Astellas Pharma GmbH (represented by: M.L. Polo Carreño, abogada)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-289/09 Omnicare v OHIM — Astellas Pharma (OMNICARE CLINICAL RESEARCH), in which the General Court dismissed an action, brought by the applicant for the word mark ‘OMNICARE CLINICAL RESEARCH’ for services in Class 42, for the annulment of Decision R 401/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 May 2009 annulling the Opposition Division’s decision rejecting the opposition brought by the proprietor of the national mark ‘OMNICARE’ for services in Classes 35, 41 and 42 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Concept of genuine use of an earlier mark — Mark used for services provided free of charge

Operative part of the order







1.


There is no need to adjudicate on the appeal brought by Omnicare Inc.










2.


Omnicare Inc. shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the course of the present proceedings and the proceedings for interim measures.










3.


Omnicare Inc. and Astellas Pharma GmbH shall each bear their own costs.






(1)  OJ C 25, 28.1.2012.
Case C-588/11 P: Order of the Court of 18 September 2012 — Omnicare Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Astellas Pharma GmbH (Appeal — Community trade mark — Application for registration of the word sign ‘OMNICARE’ — Opposition — Decision of the Board of Appeal rejecting the application — Action — Judgment of the General Court dismissing that action — Withdrawal of the opposition — Appeal — No need to adjudicate)
Date: 2012-09-18
Institutions: Court of Justice
Subjects: EU trade mark, medical research, pharmaceutical product, registered trade mark, trade-mark law








C_2012379EN.01001202.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/12





Order of the Court of 18 September 2012 — Omnicare Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Astellas Pharma GmbH
(Case C-588/11 P) (1)

(Appeal - Community trade mark - Application for registration of the word sign ‘OMNICARE’ - Opposition - Decision of the Board of Appeal rejecting the application - Action - Judgment of the General Court dismissing that action - Withdrawal of the opposition - Appeal - No need to adjudicate)
2012/C 379/20
Language of the case: English

Parties


Appellant: Omnicare Inc. (represented by: M. Edenborough, QC)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. Crespo Carrillo, acting as Agent), Astellas Pharma GmbH (represented by: M.L. Polo Carreño, abogada)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 9 September 2011 in Case T-290/09 Omnicare v OHIM — Astellas Pharma (OMNICARE) in which the General Court dismissed an action, brought by the applicant for the word mark ‘OMNICARE’ for services in Class 42, for the annulment of Decision R 402/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 May 2009 annulling the Opposition Division’s decision rejecting the opposition brought by the proprietor of the national mark ‘OMNICARE’ for services in Classes 35, 41 and 42 — Interpretation and application of Article 8(1)(b) of Regulation No 207/2009 — Notion of genuine use of an earlier mark — Mark used for services provided free of charge

Operative part of the order







1.


There is no need to adjudicate on the appeal brought by Omnicare Inc.










2.


Omnicare Inc. shall pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the course of the present proceedings and the proceedings for interim measures.










3.


Omnicare Inc. and Astellas Pharma GmbH shall each bear their own costs.






(1)  OJ C 25, 28.1.2012.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy’ COM(2012) 277 final — 2012/143 (COD)
Date: 2012-09-18
Institutions: European Economic and Social Committee
Subjects: EU Member State, EU waters, exploitation of resources, fishery resources, fishing controls, fishing fleet, fishing rights








C_2012351EN.01008901.xml










15.11.2012   


EN


Official Journal of the European Union


C 351/89





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy’
COM(2012) 277 final — 2012/143 (COD)
2012/C 351/20
On 14 June and 15 June 2012, the European Parliament and the Council respectively decided to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy

COM(2012) 277 final — 2012/0143 (COD).
Since the Committee endorses the contents of the proposal, it decided at its 483rd plenary session of 18 and 19 September 2012 (meeting of 18 September 2012), by 148 votes with 8 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 18 September 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2008/971/EC as regards the inclusion of forest reproductive material of the “qualified” category within the scope of that Decision and the updating of the name of the authorities responsible for the approval and control of the production’ COM(2012) 355 final — 2012/172 (COD)
Date: 2012-09-18
Institutions: European Economic and Social Committee
Subjects: Community certification, import (EU), marketing standard, originating product, plant propagation, seed, third country








C_2012351EN.01009101.xml










15.11.2012   


EN


Official Journal of the European Union


C 351/91





Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2008/971/EC as regards the inclusion of forest reproductive material of the “qualified” category within the scope of that Decision and the updating of the name of the authorities responsible for the approval and control of the production’
COM(2012) 355 final — 2012/172 (COD)
2012/C 351/22
On 5 June 2012 the Council and, on the same day, the European Parliament decided to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union, on the

Proposal for a Decision of the European Parliament and of the Council amending Council Decision 2008/971/EC as regards the inclusion of forest reproductive material of the ‘qualified’ category within the scope of that Decision and the updating of the name of the authorities responsible for the approval and control of the production

COM(2012) 355 final — 2012/l72 (COD).
Since the Committee endorses the content of the proposal, it decided, at its 483rd plenary session of 18 and 19 September 2012 (meeting of 18 September), by 145 votes to 3 with 5 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 18 September 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Case F-99/12: Action brought on 18 September 2012 — ZZ v Committee of the Regions
Date: 2012-09-18
Institutions: Civil Service Tribunal
Subjects: damages, indemnification, transfer of pension rights








C_2012343EN.01002402.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/24





Action brought on 18 September 2012 — ZZ v Committee of the Regions
(Case F-99/12)
2012/C 343/42
Language of the case: French

Parties


Applicant: ZZ (represented by: L. Levi, A. Blot, avocats)

Defendant: Committee of the Regions

Subject-matter and description of the proceedings

Annulment of the decision of the Committee of the Regions rejecting the applicant’s request that the calculation of his pension rights not be made under the new GIP.

Forms of order sought







—


by way of principal claim, annul the decision of the Committee of the Regions of 1 December 2011 rejecting the applicant’s request of 13 July 2011, as completed on 16 August 2011;










—


so far as necessary, annul the decision dated 8 June 2012 expressly rejecting the applicant’s claim dated 10 February 2012;










—


in the alternative, recognise the non-pecuniary loss suffered and order the defendant to pay the amount of EUR 20 000;










—


order the Committee of the Regions to pay the costs.
Case C-473/11: Order of the President of the Court of 18 September 2012 — European Commission v Kingdom of the Netherlands
Date: 2012-09-18
Institutions: Court of Justice
Subjects: VAT, application of EU law, travel agency








C_2012379EN.01002001.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/20





Order of the President of the Court of 18 September 2012 — European Commission v Kingdom of the Netherlands
(Case C-473/11) (1)

2012/C 379/33
Language of the case: Dutch
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 347, 26.11.2011.