do-me/EUR-LEX huggingface dataset:
Call for proposals under the work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2012-09-18
Institutions: European Commission
Subjects: EU programme, European cooperation, Framework Programme for Research and Development, communications policy, information technology, invitation to tender








C_2012281EN.01000501.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/5





Call for proposals under the work programme of the Seventh EC Framework Programme for Research, Technological Development and Demonstration Activities
2012/C 281/08
Notice is hereby given of the launch of a call for proposals under the work programmes of the Seventh Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following call in the Cooperation Specific Programme: Information and Communication Technologies: FP7-ICT-2013-11.

Call documentation including deadline and budget is given in the call text, which is published on the website:
http://ec.europa.eu/research/participants/portal/page/home
Case F-96/09: Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission (Civil service — Open competition — Non-admission to the oral test following results obtained in written tests — Requests for review — Specific right of candidates to have access to certain information concerning them — Purpose and scope — Right of access to corrected written tests — None)
Date: 2012-09-18
Institutions: Civil Service Tribunal
Subjects: access to information, admission to examinations, competition (EU)








C_2013046EN.01002601.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/26





Judgment of the Civil Service Tribunal (Second Chamber) of 18 September 2012 — Cuallado Martorell v Commission
(Case F-96/09) (1)

(Civil service - Open competition - Non-admission to the oral test following results obtained in written tests - Requests for review - Specific right of candidates to have access to certain information concerning them - Purpose and scope - Right of access to corrected written tests - None)
2013/C 46/46
Language of the case: Spanish

Parties


Applicant: Eva Cuallado Martorell (Augsburg, Germany) (represented by: M. Díez Lorenzo, lawyer)

Defendant: European Commission (represented by: B. Eggers and J. Baquero Cruz, Agents)

Re:

Civil service — Action seeking, first, annulment of the decision not to admit the applicant to the oral test in Open Competition EPSO/AD/130/08 and to deny her access to the corrected written tests and, secondly, annulment with retroactive effect of the reserve list published following the competition tests.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the European Commission to bear its own costs and to pay the costs incurred by Ms Cuallado Martorell.






(1)  OJ C 148, 5.6.2010, p. 54.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2012281EN.01000302.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/3





Information communicated by Member States regarding closure of fisheries
2012/C 281/05
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


30.7.2012




Duration


30.7.2012-31.12.2012




Member State


Spain




Stock or group of stocks


RNG 8X14-




Species


Roundnose grenadier (Coryphaenoides rupestris)




Zone


EU and international waters of VIII, IX, X, XII and XIV




Type(s) of fishing vessels


—




Reference number


FS17DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-156/11: Judgment of the General Court of 18 September 2012 — Since Hardware (Guangzhou) v Council (Dumping — Imports of ironing boards originating in China — Proceeding initiated against a single company — Market economy treatment — Three-month time-limit provided for in the second indent of Article 2(7)(c) of Regulation (EC) No 1225/2009 — Burden of proof — Determination of injury)
Date: 2012-09-18
Institutions: General Court
Subjects: China, dumping, household article, market economy, originating product, proof








C_2012331EN.01002102.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/21






Judgment of the General Court of 18 September 2012 — Since Hardware (Guangzhou) v Council
(Case T-156/11) (1)

(Dumping - Imports of ironing boards originating in China - Proceeding initiated against a single company - Market economy treatment - Three-month time-limit provided for in the second indent of Article 2(7)(c) of Regulation (EC) No 1225/2009 - Burden of proof - Determination of injury)
(2012/C 331/37)
Language of the case: French

Parties


Applicant: Since Hardware (Guangzhou) Co., Ltd (Canton, China) (represented by: V. Akritidis and Y. Melin, lawyers)

Defendant: Council of the European Union (represented by: B. Driessen, acting as Agent, B. O’Connor, Solicitor, and S. Gubel, lawyer)

Interveners in support of the defendant: European Commission (represented by: S. Thomas and H. van Vliet, acting as Agents), Vale Mill (Rochdale) Ltd, (Rochdale, United Kingdom) and Colombo New Scal SpA, (Rovagnate, Italy) (represented by: G. Berrisch, lawyer, and N. Chesaites, Barrister)

Re:

Application for annulment of Council Implementing Regulation (EU) No 1243/2010 of 20 December 2010 imposing a definitive anti-dumping duty on imports of ironing boards originating in the People’s Republic of China produced by the Since Hardware (Guangzhou) Co., Ltd (OJ 2010 L 338, p. 22).

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Since Hardware (Guangzhou) Co., Ltd to bear its own costs and to pay the costs incurred by the Council of the Euorpean Union, Vale Mill (Rochdale) Ltd and Colombo New Scal SpA.










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 120, 16.4.2011.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2012281EN.01000301.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/3





Information communicated by Member States regarding closure of fisheries
2012/C 281/04
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


30.7.2012




Duration


30.7.2012-31.12.2012




Member State


Spain




Stock or group of stocks


RNG 5B67-




Species


Roundnose grenadier (Coryphaenoides rupestris)




Zone


EU and international waters of Vb, VI, VII




Type(s) of fishing vessels


—




Reference number


FS16DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-424/12: Reference for a preliminary ruling from the Curtea de Apel Oradea (Romania) lodged on 18 September 2012 — SC Fatorie SRL v Direcția Generală a Finanțelor Publice Bihor
Date: 2012-09-18
Institutions: Court of Justice
Subjects: Romania, VAT, administrative sanction, tax relief








C_2012379EN.01001501.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/15





Reference for a preliminary ruling from the Curtea de Apel Oradea (Romania) lodged on 18 September 2012 — SC Fatorie SRL v Direcția Generală a Finanțelor Publice Bihor
(Case C-424/12)
2012/C 379/25
Language of the case: Romanian

Referring court

Curtea de Apel Oradea

Parties to the main proceedings


Applicant: SC Fatorie SRL

Defendant: Direcția Generală a Finanțelor Publice Bihor

Questions referred







1.


Do the provisions of Directive 2006/112/EC (1) allow the penalty of loss of the right to deduct to be applied to a taxable person, when:






(i)


the invoice produced by the taxable person for the purpose of exercising his right to deduct was incorrectly drawn up by a third party, failing to apply the simplification measures;










(ii)


the taxable person has paid the VAT indicated in the invoice?














2.


Does the European law principle of legal certainty militate against the administrative practice of the Romanian tax authorities that have:






(i)


first, by irrevocable administrative decision, acknowledged the right to deduct VAT;










(ii)


then reversed that decision, and made the taxable person liable to pay into the State budget the VAT for which the right to deduct was originally exercised, and to pay interest and default interest?














3.


Does the principle of the fiscal neutrality of VAT permit a taxable person to be deprived of the right to deduct VAT, in circumstances in which:






(i)


the taxable person has paid the VAT incorrectly indicated in the invoice by a third party;










(ii)


the tax authorities have taken no active steps to request the third party to put right the incorrectly worded invoice;










(iii)


at present, as a result of the third party’s insolvency, it is impossible for the invoice to be corrected?










(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Non-opposition to a notified concentration (Case COMP/M.6601 — Voith/IHI/Voith IHI Ecosolutions)  Text with EEA relevance
Date: 2012-09-18
Institutions: European Commission
Subjects: aeronautical industry, aerospace industry, boiler, economic concentration, machine-tool industry, merger control, pulp and paper industry








C_2012281EN.01000102.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/1





Non-opposition to a notified concentration
(Case COMP/M.6601 — Voith/IHI/Voith IHI Ecosolutions)
(Text with EEA relevance)
2012/C 281/02
On 4 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 English 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 32012M6601. EUR-Lex is the on-line access to the European law.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing’ COM(2012) 332 final — 2012/162 (COD)
Date: 2012-09-18
Institutions: European Economic and Social Committee
Subjects: common fisheries policy, conservation of fish stocks, exchange of information, fishing controls, fishing regulations, fishing vessel, fraud, ship's flag, third country








C_2012351EN.01009001.xml










15.11.2012   


EN


Official Journal of the European Union


C 351/90





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing’
COM(2012) 332 final — 2012/162 (COD)
2012/C 351/21
On 2 and 10 July 2012 respectively, the European Parliament and the Council 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 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing

COM(2012) 332 final — 2012/162 (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 141 votes in favour, nem. con. and 7 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 T-460/11: Judgment of the General Court of 18 September 2012 — Scandic Distilleries SA v OHIM — Bürgerbräu, Röhm & Söhne (BÜRGER) (Community trade mark — Opposition proceedings — Application for Community figurative mark BÜRGER — Earlier Community word mark Bürgerbräu — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-09-18
Institutions: General Court
Subjects: EU trade mark, alcoholic beverage, registered trade mark, trade-mark law








C_2012331EN.01002301.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/23






Judgment of the General Court of 18 September 2012 — Scandic Distilleries SA v OHIM — Bürgerbräu, Röhm & Söhne (BÜRGER)
(Case T-460/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BÜRGER - Earlier Community word mark Bürgerbräu - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2012/C 331/42)
Language of the case: English

Parties


Applicant: Scandic Distilleries SA (Bihor, Romania) (represented by: Á. László, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Bürgerbräu, August Röhm & Söhne KG (Bad Reichenhall, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 25 May 2011 (Case R 1962/2010-2), relating to opposition proceedings between Bürgerbräu, August Röhm & Söhne KG and Scandic Distilleries SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Scandic Distilleries SA to pay the costs.






(1)  OJ C 331, 12.11.2011.
Case C-425/12: Reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto (Portugal) lodged on 18 September 2012 — Portgás — Sociedade de Produção e Distribuição de Gás, SA v Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional
Date: 2012-09-18
Institutions: Court of Justice
Subjects: Portugal, award of contract, national implementing measure, public service








C_2012389EN.01000302.xml










15.12.2012   


EN


Official Journal of the European Union


C 389/3





Reference for a preliminary ruling from the Tribunal Administrativo e Fiscal do Porto (Portugal) lodged on 18 September 2012 — Portgás — Sociedade de Produção e Distribuição de Gás, SA v Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional
(Case C-425/12)
2012/C 389/04
Language of the case: Portuguese

Referring court

Tribunal Administrativo e Fiscal do Porto

Parties to the main proceedings


Applicant: Portgás — Sociedade de Produção e Distribuição de Gás, SA

Defendant: Ministério do Ambiente, do Ordenamento do Território e do Desenvolvimento Regional

Question referred

May Articles 4(1) and 14(1)(c)(i) of Council Directive 93/38/EEC (1) of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 98/04/EC (2) of the European Parliament and of the Council of 16 February 1998, and the other provisions of those Directives and the general principles of Community law applicable, be interpreted as meaning that they create obligations for private individuals who are public service concession-holders (in particular an entity covered by Article 2(1)(b) of Directive 93/38/EEC), where that Directive has not been transposed into national law by the Portuguese State, so that failure to fulfil those obligations may be invoked against that private concession-holding entity by the Portuguese State by means of an act attributable to one of its Ministries?


(1)  Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84).

(2)  OJ 1998 L 101, p.1.
Commission Regulation (EU) No 855/2012 of 18 September 2012 establishing a prohibition of fishing for haddock inVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of the Netherlands
Date: 2012-09-18
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Netherlands, catch quota, fishing rights, sea fish, ship's flag








L_2012255EN.01001201.xml










21.9.2012   


EN


Official Journal of the European Union


L 255/12








            COMMISSION REGULATION (EU) No 855/2012
of 18 September 2012
         
establishing a prohibition of fishing for haddock inVIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1 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


35/TQ43




Member State


The Netherlands




Stock


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)




Zone


VIIb-k, VIII, IX and X; EU waters of CECAF 34.1.1




Date


3.5.2012
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-18
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Finland, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012281EN.01000401.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 281/06
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


4.8.2012




Duration


4.8.2012-31.12.2012




Member State


Finland




Stock or group of stocks


SAL/3BCD-F




Species


Atlantic Salmon (Salmo Salar)




Zone


EU waters of subdivisions 22-31 (Baltic Sea excl. Gulf of Finland)




Type(s) of fishing vessels


—




Reference number


FS32BAL






(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case COMP/M.6716 — Hanwha/Q-Cells assets) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-09-18
Institutions: European Commission
Subjects: building industry, chemical industry, economic concentration, financial services, leisure, merger control, processing industry, solar energy








C_2012281EN.01000601.xml










18.9.2012   


EN


Official Journal of the European Union


C 281/6





Prior notification of a concentration
(Case COMP/M.6716 — Hanwha/Q-Cells assets)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 281/09






1.


On 11 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 Hanwha Solar Germany GmbH (Germany) belonging to the Hanwha group (Korea) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of the undertaking Q-Cells SE (Germany) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for Hanwha: manufacturing, construction, chemicals, finance, services and leisure,










—


for Q-Cells assets: development, production and sale of solar cells, modules and solar energy systems.














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.6716 — Hanwha/Q-Cells assets, 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’).