do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 863/2012 of 19 September 2012 establishing a prohibition of fishing for common sole in areas VIIIa and VIIIb by vessels flying the flag of Belgium
Date: 2012-09-19
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012256EN.01001401.xml










22.9.2012   


EN


Official Journal of the European Union


L 256/14








            COMMISSION REGULATION (EU) No 863/2012
of 19 September 2012
         
establishing a prohibition of fishing for common sole in areas VIIIa and VIIIb by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2012.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2012.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2012 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 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


21/TQ43




Member State


Belgium




Stock


SOL/8AB.




Species


Common Sole (Solea solea)




Zone


VIIIa and VIIIb




Date


10.8.2012
Case T-327/10: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, dark grey, light grey and dark red) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, dark grey, light grey and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01001902.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/19






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, dark grey, light grey and dark red)
(Case T-327/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in black, dark grey, light grey and dark red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/31)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 189/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, dark grey, light grey and dark red as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 288, 23.10.2010.
Case T-265/08: Judgment of the General Court of 19 September 2012 –Germany v Commission (ERDF — Reduction of financial assistance — Operational programme falling within Objective 1 (1994-1999), concerning the Land Thüringen (Germany))
Date: 2012-09-19
Institutions: General Court
Subjects: European Regional Development Fund, Germany, Thuringia, financial aid, operational programme








C_2012331EN.01001702.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/17






Judgment of the General Court of 19 September 2012 –Germany v Commission
(Case T-265/08) (1)

(ERDF - Reduction of financial assistance - Operational programme falling within Objective 1 (1994-1999), concerning the Land Thüringen (Germany))
(2012/C 331/28)
Language of the case: German

Parties


Applicant: Federal Republic of Germany (represented by: M. Lumma, T. Henze, C. Blaschke and K. Petersen, acting as Agents, assisted by U. Karpenstein, lawyer)

Defendant: European Commission (represented by: A. Steiblytė and B. Conte, acting as Agents)

Interveners in support of the applicant: Kingdom of Spain (represented: initially by J.M. Rodríguez Cárcamo, subsequently by N. Díaz Abad and J.M. Rodríguez Cárcamo, and finally by A. Rubio González, acting as Agents), French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents), Kingdom of the Netherlands (represented by: C. Wissels, Y. de Vries, B. Koopman, M. Bulterman and J. Langer, acting as Agents)

Re:

Action for annulment of Commission Decision C(2008) 1690 final of 30 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) to the Operational Programme in the Objective 1 area of Land Thüringen (Germany) (1994-1999), in accordance with Commission Decision C(94)1939/5 of 5 August 1994

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.






(1)  OJ C 223, 30.8.2008.
Case T-50/11: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01002101.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/21






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, black, beige, dark red and light red)
(Case T-50/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/36)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1316/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, black, beige, dark red and light red as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 89, 19.3.2011.
Case T-26/11: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in black, beige, brown, dark red and grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01002002.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/20






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey)
(Case T-26/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in black, beige, brown, dark red and grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/34)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B: Schmidt, then D. Walicka, acting as Agents

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1317/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in black, beige, brown, dark red and grey as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 72, 5.3.2011.
Case T-267/11: Judgment of the General Court of 19 September 2012 — Video Research USA, v OHIM (VR) (Community trade mark — Community figurative mark VR — Failure to apply for renewal of the mark — Cancellation of the mark upon expiry of the registration — Application for restitutio in integrum — Article 81 of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, audiovisual industry, registered trade mark, trade-mark law








C_2012331EN.01002203.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/22






Judgment of the General Court of 19 September 2012 — Video Research USA, v OHIM (VR)
(Case T-267/11) (1)

(Community trade mark - Community figurative mark VR - Failure to apply for renewal of the mark - Cancellation of the mark upon expiry of the registration - Application for restitutio in integrum - Article 81 of Regulation (EC) No 207/2009)
(2012/C 331/41)
Language of the case: English

Parties


Applicant: Video Research USA, Inc. (New York, New York, United States) (represented by: B. Brandreth, Barrister)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM, of 8 March 2011 (Case R 1187/2010-2), relating to an application for restitutio in integrum.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Video Research USA, Inc. to pay the costs.






(1)  OJ C 211, 16.7.2011.
Case T-220/11: Judgment of the General Court of 19 September 2012 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit) (Community trade mark — Opposition proceedings — Application for Community figurative mark f@ir Credit — Earlier Community figurative mark FERCREDIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, financial institution, registered trade mark, trade-mark law








C_2012331EN.01002201.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/22






Judgment of the General Court of 19 September 2012 — TeamBank v OHIM — Fercredit Servizi Finanziari (f@ir Credit)
(Case T-220/11) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark f@ir Credit - Earlier Community figurative mark FERCREDIT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2012/C 331/39)
Language of the case: German

Parties


Applicant: TeamBank AG Nürnberg (Nuremberg, Germany) (represented by: T. Kiphuth, H. Lindner and D. Terheggen, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: R. Manea and G. Schneider, agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Fercredit Servizi Finanziari SpA (Rome, Italy) (represented by: G. Petrocchi, A. Masetti Zannini de Concina and R. Cartella, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2011 (Case R 719/2010-1) relating to opposition proceedings between Fercredit Servizi Finanziari SpA and TeamBank AG Nürnberg.

Operative part of the judgment

The Court rules:






1.


The action is dismissed.










2.


TeamBank AG Nürnberg is ordered to pay the costs.






(1)  OJ C 194, 2.7.2011.
Case T-328/10: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, beige and dark red) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, beige and dark red — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01001903.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/19






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in dark grey, light grey, beige and dark red)
(Case T-328/10) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in dark grey, light grey, beige and dark red - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/32)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 June 2010 (Case R 190/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in dark grey, light grey, beige and dark red as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 288, 23.10.2010.
Case T-52/12 R: Order of the President of the General Court of 19 September 2012 — Greece v Commission (Application for interim measures — State aid — Compensation payments made in 2008 and 2009 by the Greek Agricultural Insurance Organisation (ELGA) — Decision declaring the aid incompatible with the internal market and ordering its recovery — Application for suspension of operation of the decision — Prima facie case — Urgency — Weighing up of interests)
Date: 2012-09-19
Institutions: General Court
Subjects: Greece, State aid, agricultural insurance, compensatory financing, domestic market, reimbursement of aid








C_2012355EN.01002701.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/27





Order of the President of the General Court of 19 September 2012 — Greece v Commission
(Case T-52/12 R)
(Application for interim measures - State aid - Compensation payments made in 2008 and 2009 by the Greek Agricultural Insurance Organisation (ELGA) - Decision declaring the aid incompatible with the internal market and ordering its recovery - Application for suspension of operation of the decision - Prima facie case - Urgency - Weighing up of interests)
2012/C 355/57
Language of the case: Greek

Parties


Applicant: Hellenic Republic (represented by: I. Khalkias and S. Papaïoannou, acting as Agents)

Defendant: European Commission (represented by: D. Triantafyllou and S. Thomas, acting as Agents)

Re:

Application for suspension of operation of Commission Decision 2012/157/EU of 7 December 2011 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) for the years 2008 and 2009 (OJ 2012 L 78, p. 21).

Operative part of the order







1.


The operation of Commission Decision 2012/157/EU of 7 December 2011 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 is suspended in so far as that decision obliges the Hellenic Republic to recover the sums paid from the beneficiaries.










2.


Costs are reserved.
Case C-540/11: Order of the Court (Sixth Chamber) of 19 September 2012 (request for a preliminary ruling from the Tribunal de première instance de Bruxelles — Belgium) — Daniel Levy, Carine Sebbag v Belgian State (Free movement of capital — Direct taxation — Taxation of dividends — Bilateral convention which precludes double taxation — Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation — Obligations of the Member States under Articles 10 EC and 293 EC)
Date: 2012-09-19
Institutions: Court of Justice
Subjects: Belgium, double taxation, free movement of capital, interpretation of the law, tax convention, tax system








C_2013101EN.01000302.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/3





Order of the Court (Sixth Chamber) of 19 September 2012 (request for a preliminary ruling from the Tribunal de première instance de Bruxelles — Belgium) — Daniel Levy, Carine Sebbag v Belgian State
(Case C-540/11) (1)

(Free movement of capital - Direct taxation - Taxation of dividends - Bilateral convention which precludes double taxation - Subsequent amendment, by one of the two States party to the convention, of its national legislation, having the effect of reintroducing double taxation - Obligations of the Member States under Articles 10 EC and 293 EC)
2013/C 101/05
Language of the case: French

Referring court

Tribunal de première instance de Bruxelles

Parties to the main proceedings


Applicants: Daniel Levy, Carine Sebbag

Defendant: Belgian State

Re:

Request for a preliminary ruling — Tribunal de première instance de Bruxelles — Interpretation of Articles 10 EC, 57(2) EC and 293 EC — Permissibility of rules of national law which allow double taxation notwithstanding the existence of a bilateral convention which precludes double taxation — Amendment of national law after the convention had been concluded — Bringing into question of an acquired right — Obstacle to the free movement of capital

Operative part of the order

Insofar as Community law, as applicable at the time of the facts in the main proceedings, does not lay down any general criteria for the attribution of areas of competence between the Member States in relation to the elimination of double taxation within the European Community, Article 56 EC, read in conjunction with Articles 10 EC and 293 EC, is to be interpreted as meaning that it does not preclude a situation in which the Member State, which has undertaken, in a bilateral double taxation convention, to establish a mechanism to eliminate such double taxation of dividends, then abolishes that mechanism by way of a legislative amendment that has the effect of reintroducing a double taxation.


(1)  OJ C 25, 28.1.2012.
Case T-31/11: Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in pink, violet, beige and dark grey) (Community trade mark — Application for a figurative Community trade mark representing a tartan pattern in pink, violet, beige and dark grey — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
Date: 2012-09-19
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile industry, trade-mark law








C_2012331EN.01002003.xml










27.10.2012   


EN


Official Journal of the European Union


C 331/20






Judgment of the General Court of 19 September 2012 — Fraas v OHIM (Tartan pattern in pink, violet, beige and dark grey)
(Case T-31/11) (1)

(Community trade mark - Application for a figurative Community trade mark representing a tartan pattern in pink, violet, beige and dark grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b), Article 75 and Article 76(1) of Regulation (EC) No 207/2009)
(2012/C 331/35)
Language of the case: German

Parties


Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented: initially by B. Schmidt, then D. Walicka, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2010 (Case R 1284/2010-4) concerning an application for registration of a figurative sign representing a tartan pattern in pink, violet, beige and dark grey as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders V. Fraas GmbH to pay the costs.






(1)  OJ C 72, 5.3.2011.