do-me/EUR-LEX huggingface dataset:
Case T-116/12: Order of the General Court of 20 September 2012 — Tioxide Europe and Others v Council
Date: 2012-09-20
Institutions: General Court
Subjects: CCT duties, agricultural product, chemical product, common customs tariff, fishery product, import restriction, industrial product, principle of proportionality, tariff quota








C_2012355EN.01003803.xml










17.11.2012   


EN


Official Journal of the European Union


C 355/38





Order of the General Court of 20 September 2012 — Tioxide Europe and Others v Council
(Case T-116/12) (1)

2012/C 355/82
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 126, 28.4.2012.
Corrigendum to Commission Implementing Decision 2011/435/EU of 19 July 2011 on the recognition of the ‘Roundtable of Sustainable Biofuels EU RED’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council ( OJ L 190, 21.7.2011 )
Date: 2012-09-20
Institutions: European Commission
Subjects: approval, bio-industry, biofuel, environmental standard, evaluation method, reduction of gas emissions








L_2012253EN.01003201.xml










20.9.2012   


EN


Official Journal of the European Union


L 253/32







Corrigendum to Commission Implementing Decision 2011/435/EU of 19 July 2011 on the recognition of the ‘Roundtable of Sustainable Biofuels EU RED’ scheme for demonstrating compliance with the sustainability criteria under Directives 2009/28/EC and 2009/30/EC of the European Parliament and of the Council
(
Official Journal of the European Union L 190 of 21 July 2011
)

On page 74, in the first paragraph of Article 1:
for:

               ‘The voluntary scheme “Roundtable of Sustainable Biofuels EU RED” for which the request for partial recognition was submitted to the Commission on 10 May 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC, and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC.’,
read:

               ‘The voluntary scheme “Roundtable of Sustainable Biofuels EU RED” for which the request for recognition was submitted to the Commission on 10 May 2011 demonstrates that consignments of biofuels comply with the sustainability criteria as laid down in Article 17(3)(a), (b) and (c) and Article 17(4) and (5) of Directive 2009/28/EC, and Article 7b(3)(a), (b) and (c) and Article 7b(4) and (5) of Directive 98/70/EC.’.
Case T-445/10: Judgment of the General Court of 20 September 2012 — HerkuPlast Kubern v OHIM — How (eco-pack) (Community trade mark — Opposition proceedings — Application for Community trade mark eco-pack — Earlier national and international word marks ECOPAK — Likelihood of confusion — Similarity of the goods — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-09-20
Institutions: General Court
Subjects: EU trade mark, plastics industry, registered trade mark, trade-mark law








C_2012343EN.01001503.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/15





Judgment of the General Court of 20 September 2012 — HerkuPlast Kubern v OHIM — How (eco-pack)
(Case T-445/10) (1)

(Community trade mark - Opposition proceedings - Application for Community trade mark eco-pack - Earlier national and international word marks ECOPAK - Likelihood of confusion - Similarity of the goods - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 343/25
Language of the case: German

Parties


Applicant: HerkuPlast Kubern GmbH (Ering, Germany) (represented by: G. Würtenberger and R. Kunze, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Heidi A.T. How (Harrow, United Kingdom)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 27 July 2010 (Case R 2014/2009-4) concerning opposition proceedings between HerkuPlast Kubern GmbH and Heidi A.T. How.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of Office for Harmonisation in the Internal Market of 27 July 2010 (Case R 2014/2009-4);










2.


Orders OHIM to pay the costs incurred by HerkuPlast Kubern GmbH and to bear its own costs.






(1)  OJ C 317, 20.11.2010.
State aid — Decision to raise no objections
Date: 2012-09-20
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, energy production, environmental protection








C_2012284EN.01001301.xml










20.9.2012   


EN


Official Journal of the European Union


C 284/13





State aid — Decision to raise no objections
2012/C 284/05
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


19 April 2012




Case number


:


71056




Decision Number


:


137/12/COL




EFTA State


:


Norway




Name of the beneficiary


:


Södra Cell Tofte AS




Type of measure


:


Individual aid under the Energy Fund Scheme, subject to a detailed assessment under the EFTA Surveillance Authority’s Guidelines on State aid for environmental protection




Scheme


:


The Energy Fund scheme approved by the EFTA Surveillance Authority with Decision No 125/06/COL on 3 May 2006




Objective


:


Environmental protection




Form of aid


:


Grant




Aid amount


:


NOK 100 million




Economic sectors


:


Energy production




Name and address of the granting authority


:







Enova SF




Professor Borchsgt. 2




7030 Trondheim




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-154/10: Judgment of the General Court of (Sixth Chamber) of 20 September 2012 — France v Commission (State aid — Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment — Decision declaring the aid incompatible with the internal market — Action for annulment — Interest in bringing proceedings — Admissibility — Burden of proving the existence of State aid — Advantage)
Date: 2012-09-20
Institutions: General Court
Subjects: France, State aid, domestic market, postal and telecommunications services, public sector








C_2012343EN.01001402.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/14





Judgment of the General Court of (Sixth Chamber) of 20 September 2012 — France v Commission
(Case T-154/10) (1)

(State aid - Aid allegedly implemented by France in the form of an implied, unlimited guarantee in favour of La Poste as a result of its status as a publicly-owned establishment - Decision declaring the aid incompatible with the internal market - Action for annulment - Interest in bringing proceedings - Admissibility - Burden of proving the existence of State aid - Advantage)
2012/C 343/21
Language of the case: French

Parties


Applicant: French Republic (represented: initially by E. Belliard, G. de Bergues, B. Beaupère-Manokha, J. Gstalter and S. Menez, and subsequently by E. Belliard, G. de Bergues, J. Gstalter and S. Menez, acting as Agents)

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

Re:

Application for annulment of Commission Decision 2010/605/EU of 26 January 2010 on State aid C 56/07 (formerly E 15/05) granted by France to La Poste (OJ 2010 L 274, p. 1).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 161, 19.6.2010.
Case T-89/10: Judgment of the General Court of 20 September 2012 — Hungary v Commission (Structural funds — Financial assistance — M43 Motorway between Szeged and Makó — VAT — Non-eligible expenditure)
Date: 2012-09-20
Institutions: General Court
Subjects: Cohesion Fund, European Regional Development Fund, Hungary, VAT, economic convergence, financial aid, motorway








C_2012343EN.01001401.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/14





Judgment of the General Court of 20 September 2012 — Hungary v Commission
(Case T-89/10) (1)

(Structural funds - Financial assistance - M43 Motorway between Szeged and Makó - VAT - Non-eligible expenditure)
2012/C 343/20
Language of the case: Hungarian

Parties


Applicant: Hungary (represented: initially by J. Fazekas, K. Szíjjártó and M.Z. Fehér, then by M.Z. Fehér and K. Szíjjártó, agents)

Defendant: European Commission (represented by: D. Triantafyllou, V. Bottka and A. Steiblytė, agents)

Re:

Action for annulment brought against the Commission Decision of 14 December 2009 relating to the major project ‘M43 Motorway between Szeged and Makó’, forming part of the ‘Transport’ operational programme for European Union structural support from the European Regional Development Fund (ERDF) and the Cohesion Fund under the ‘Convergence’ objective (CCI 2008HU161PR016)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hungary to pay the costs.






(1)  OJ C 100, 17.4.2010.
Case T-333/09: Judgment of the General Court of 20 September 2012 — Poland v Commission (EAGGF — Modulation — Allocation between the Member States of savings made — Distinction between the old Member States and those which acceded to the European Union in 2004 — Article 9(2) of Regulation (EC) No 73/2009 — Solidarity — Equal treatment — Duty to state reasons)
Date: 2012-09-20
Institutions: General Court
Subjects: European Regional Development Fund, accession to the European Union, aid to agriculture, common agricultural policy, distribution of EU funding, equal treatment, savings








C_2012343EN.01001301.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/13





Judgment of the General Court of 20 September 2012 — Poland v Commission
(Case T-333/09) (1)

(EAGGF - Modulation - Allocation between the Member States of savings made - Distinction between the old Member States and those which acceded to the European Union in 2004 - Article 9(2) of Regulation (EC) No 73/2009 - Solidarity - Equal treatment - Duty to state reasons)
2012/C 343/18
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented: initially by M. Dowgielewicz, and subsequently by M. Szpunar, B. Majczna and D. Krawczyk, Agents)

Defendant: European Commission (represented by: F. Clotuche-Duvieusart and M. Owisany-Hornung, Agents)

Re:

Application for partial annulment of Commission Decision 2009/444 of 10 June 2009 allocating the amounts resulting from the modulation provided for in Articles 7 and 10 of Council Regulation (EC) No 73/2009 to the Member States for the years 2009 to 2012 (OJ 2009 L 148, p. 29) in so far as Annex I allocates to Member States for 2012 the amounts resulting from the modulation provided for in Article 9(2) and (3) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders the Republic of Poland to pay the costs.






(1)  OJ C 267, 7.11.2009.
Case T-407/10: Judgment of the General Court of 20 September 2012 — Hungary v Commission (Structural funds — Financial assistance — Budapest-Kelenföld-Székesfehérvár-Boba railway line — VAT — Non-eligible expenditure)
Date: 2012-09-20
Institutions: General Court
Subjects: Cohesion Fund, European Regional Development Fund, Hungary, VAT, economic convergence, financial aid, rail network








C_2012343EN.01001502.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/15





Judgment of the General Court of 20 September 2012 — Hungary v Commission
(Case T-407/10) (1)

(Structural funds - Financial assistance - Budapest-Kelenföld-Székesfehérvár-Boba railway line - VAT - Non-eligible expenditure)
2012/C 343/24
Language of the case: Hungarian

Parties


Applicant: Hungary (represented by: M.Z. Fehér and K. Szíjjártó, agents)

Defendant: European Commission (represented by: A. Steiblytė, D. Triantafyllou and V. Bottka, agents)

Re:

Action for annulment brought against the Commission Decision of 8 July 2010 relating to the major project for ‘Reconstruction of the Budapest-Kelenföld-Székesfehérvár-Boba railway line, section 1, phase 1’ forming part of the ‘Transport’ operational programme for structural support from the European Regional Development Fund (ERDF) and the Cohesion Fund (CCI 2008HU161PR015).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Hungary to pay the costs.






(1)  OJ C 317, 20.11.2010.
State aid — Decision to raise no objections
Date: 2012-09-20
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, energy production, environmental protection








C_2012284EN.01001201.xml










20.9.2012   


EN


Official Journal of the European Union


C 284/12





State aid — Decision to raise no objections
2012/C 284/04
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


15 March 2012




Case number


:


69853




Decision number


:


91/12/COL




EFTA State


:


Norway




Region


:


n.a.




Title (and/or name of the beneficiary)


:


Aid for the development phase of the Mongstad CCS facility




Legal basis


:


Implementation Agreement between the Ministry of Petroleum and Energy and Statoil (12 October 2006) and the Development Agreement between the Ministry of Petroleum and Energy and Statoil (5 April 2011), the latter also signed by Gassnova as a third party as regards ‘those areas in which Gassnova acts on behalf of the State in pursuance of the Agreement’




Objective


:


Environmental protection




Budget


:


NOK 2 850 million




Economic sectors


:


Energy production




Name and address of the granting authority


:







Ministry of Government Administration, Reform and Church Affairs




Akersgata 59




P.O Box 8004 Dep.




0030 Oslo




NORWAY








Other information


:


—




The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-169/08: Judgment of the General Court of 20 September 2012 — DEI v Commission (Competition — Abuse of dominant position — Greek market for the supply of lignite and Greek wholesale electricity market — Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC — Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite)
Date: 2012-09-20
Institutions: General Court
Subjects: Greece, coal, competition, domestic market, dominant position, electricity supply, infringement of EU law, mining extraction, public sector, wholesale selling








C_2012343EN.01001101.xml










10.11.2012   


EN


Official Journal of the European Union


C 343/11





Judgment of the General Court of 20 September 2012 — DEI v Commission
(Case T-169/08) (1)

(Competition - Abuse of dominant position - Greek market for the supply of lignite and Greek wholesale electricity market - Decision finding an infringement of Article 86(1) EC, read in combination with Article 82 EC - Grant or maintenance of rights awarded by the Hellenic Republic in favour of a public undertaking for the extraction of lignite)
2012/C 343/13
Language of the case: Greek

Parties


Applicant: Dimosia Epicheirisi Ilektrismou AE (DEI) (Athens, Greece) (represented by: P. Anestis, lawyer)

Defendant: European Commission (represented by: T. Christoforou, A. Bouquet and A. Antoniadis, Agents, assisted by A. Oikonomou, lawyer)

Intervener in support of the applicant: Hellenic Republic (represented by: K. Boskovits and P. Mylonopoulos, Agents, assisted initially by A. Komninos and M. Marinos, and subsequently by M. Marinos, lawyers)

Interveners in support of the defendant: Energeiaki Thessalonikis AE (Echedoros, Greece); and Elliniki Energeia kai Anaptyxi AE (HE & DSA), (Kifissia, Greece) (represented by: P. Skouris and E. Trova, lawyers)

Re:

Application for annulment of Commission Decision C(2008) 824 final of 5 March 2008, concerning the grant or maintenance by the Hellenic Republic of rights in favour of DEI for the extraction of lignite

Operative part

The Court:






1.


Annuls Commission Decision C(2008) 824 final of 5 March 2008, concerning the grant or maintenance by the Hellenic Republic of rights in favour of Dimosia Epicheirisi Ilektrismou AE (DEI) for the extraction of lignite.










2.


Orders the European Commission to bear its own costs and pay those incurred by DEI.










3.


Orders the Hellenic Republic, Elliniki Energeia kai Anaptyxi AE (HE & DSA) and Energeiaki Thessalonikis AE to bear their own costs.






(1)  OJ C 183, 19.7.2008.
2012/521/EU: Decision of the Representatives of the Governments of the Member States of 20 September 2012 appointing a Judge to the Court of Justice
Date: 2012-09-20
Institutions: Representatives of the Governments of the Member States
Subjects: appointment of members, member of the Court of Justice (EU)








L_2012259EN.01000501.xml










27.9.2012   


EN


Official Journal of the European Union


L 259/5








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 20 September 2012
         
appointing a Judge to the Court of Justice
(2012/521/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 253 and 255 thereof,

Whereas:







(1)


The terms of office of 14 Judges and four Advocates-General of the Court of Justice are due to expire on 6 October 2012. Therefore, for the period from 7 October 2012 to 6 October 2018, 14 Judges and four Advocates-General had to be appointed to the Court of Justice.












(2)


On 25 April 2012, by Decision 2012/244/EU (1), the Representatives of the Governments of the Member States appointed 11 Judges and three Advocates-General to the Court of Justice for the period from 7 October 2012 to 6 October 2018. On 20 June 2012, by Decision 2012/345/EU (2), the Representatives of the Governments of the Member States appointed two Judges and one Advocate-General to the Court of Justice for the same period.












(3)


To complete the partial replacement of the Judges and Advocates-General of the Court of Justice, the Representatives of the Governments of the Member States should appoint one further Judge to the post remaining to be filled.












(4)


Mr Anthony BORG BARTHET has been proposed for the vacant post of Judge of the Court of Justice.












(5)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Mr Anthony BORG BARTHET to perform the duties of Judge of the Court of Justice,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Anthony BORG BARTHET is hereby appointed Judge to the Court of Justice for the period from 7 October 2012 to 6 October 2018.


Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 20 September 2012.


The President

K. KORNELIOU
            





(1)  
            OJ L 121, 8.5.2012, p. 21.

(2)  
            OJ L 169, 29.6.2012, p. 60.
2012/509/EU: Decision of the Representatives of the Governments of the Member States of 20 September 2012 appointing a judge to the General Court
Date: 2012-09-20
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice of the European Union, appointment of members, judge








L_2012255EN.01003001.xml










21.9.2012   


EN


Official Journal of the European Union


L 255/30








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 20 September 2012
         
appointing a judge to the General Court
(2012/509/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:







(1)


Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union and following the resignation of Ms Ena CREMONA, a judge should be appointed to the General Court for the remainder of Ms Ena CREMONA's term of office, which runs until 31 August 2013.












(2)


Mr Eugène BUTTIGIEG has been proposed for the vacant post.












(3)


The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on Mr Eugène BUTTIGIEG's suitability to perform the duties of a judge of the General Court,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Eugène BUTTIGIEG is hereby appointed Judge to the General Court for the period from 22 September 2012 to 31 August 2013.


Article 2
This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.





Done at Brussels, 20 September 2012.


The President

K. KORNELIOU