do-me/EUR-LEX huggingface dataset:
Case T-639/11: Order of the General Court of 28 September 2012 — Heads! v OHIM (HEADS) (Community trade mark — Refusal to register — Withdrawal of the application to register — No need to adjudicate)
Date: 2012-09-28
Institutions: General Court
Subjects: EU trade mark, holding company, registered trade mark, trade-mark law








C_2012366EN.01003403.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/34





Order of the General Court of 28 September 2012 — Heads! v OHIM (HEADS)
(Case T-639/11) (1)

(Community trade mark - Refusal to register - Withdrawal of the application to register - No need to adjudicate)
2012/C 366/68
Language of the case: German

Parties


Applicant: Heads! GmbH & Co. KG (Munich, Germany) (represented by: A. Jaeger-Lenz and T. Bösling, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Walicka, agent)

Re:

Action against the decision of the First Board of Appeal of OHIM of 11 October 2011 (Case R 2348/2010-1) relating to an application for registration of the word mark ‘HEADS’ as a Community trade mark.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant is ordered to pay the costs.






(1)  OJ C 49, 18.2.2012.
Judgment of the Court of 28 September 2012 in Case E-18/11 — Irish Bank Resolution Corporation Ltd v Kaupthing Bank hf. (Article 34 SCA — Appeal against a decision making a request for an Advisory Opinion — Reorganisation and winding up of credit institutions — Directive 2001/24/EC — Conform interpretation)
Date: 2012-09-28
Institutions: EFTA Court
Subjects: Iceland, claim, credit institution, economic reconstruction, interpretation of the law, liquidation, national law








C_2013029EN.01000601.xml










31.1.2013   


EN


Official Journal of the European Union


C 29/6





JUDGMENT OF THE COURT
of 28 September 2012
in Case E-18/11
Irish Bank Resolution Corporation Ltd v Kaupthing Bank hf.
(Article 34 SCA — Appeal against a decision making a request for an Advisory Opinion — Reorganisation and winding up of credit institutions — Directive 2001/24/EC — Conform interpretation)
2013/C 29/07
In Case E-18/11 Irish Bank Resolution Corporation Ltd v Kaupthing Bank hf. — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by Héraðsdómur Reykjavíkur (Reykjavik District Court) concerning the interpretation of Article 14 of Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions, the Court, composed of Carl Baudenbacher, President (Judge-Rapporteur), Per Christiansen and Páll Hreinsson, Judges, gave judgment on 28 September 2012, the operative part of which is as follows:






1.


In the case of discrepancy between different language versions, the version which reflects the purpose and the general scheme of the rules provided for by the Directive, as well as the general principles of EEA law must be deemed to express the meaning of an EEA law provision.










2.


Article 14 of Directive 2001/24/EC of 4 April 2001 on the reorganisation and winding up of credit institutions precludes a rule of national law which, following the publication of an invitation to lodge claims directed towards known creditors who have their domicile, permanent residence or head offices in other EEA States, allows for the cancellation of claims that have not been lodged even if these creditors have not been individually notified and the national legislation requires the lodgement of the claim with a view to its recognition.










3.


While the EEA Agreement does not require that a provision of a directive that has been made part of the EEA Agreement is directly applicable and takes precedence over a national rule that fails to transpose the relevant EEA rule correctly into national law, the national court is obliged, as far as possible, to ensure the result sought by the directive at issue through the conform interpretation of the national law with the EEA law provision.
Decision of the EEA Joint Committee No 160/2012 of 28 September 2012 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, European Medicines Agency, revenue, revision of an agreement




L_2012341EN.01001101.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/11








            DECISION OF THE EEA JOINT COMMITTEE
         
No 160/2012
of 28 September 2012
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Regulation (EU) No 273/2012 of 27 March 2012 amending Council Regulation (EC) No 297/95 as regards the adjustment of the fees of the European Medicines Agency to the inflation rate (1) is to be incorporated into the EEA Agreement.












(2)


Annex II to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent shall be added in point 15h (Council Regulation (EC) No 297/95) of Chapter XIII of Annex II to the EEA Agreement:






‘—



32012 R 0273: Commission Regulation (EU) No 273/2012 of 27 March 2012 (OJ L 90, 28.3.2012, p. 11).’






Article 2
The text of Regulation (EU) No 273/2012 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 September 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 90, 28.3.2012, p. 11.

(*1)  No constitutional requirements indicated.
Commission Regulation (EU) No 911/2012 of 28 September 2012 establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of Estonia
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, Estonia, North-West Atlantic Fisheries Organisation, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012272EN.01000501.xml










6.10.2012   


EN


Official Journal of the European Union


L 272/5








            COMMISSION REGULATION (EU) No 911/2012
of 28 September 2012
         
establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of Estonia


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 44/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available in EU waters and, to EU vessels, in certain non-EU waters for certain fish stocks and groups of fish stocks which are 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, 28 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. 55.




ANNEX






No


51/TQ44




Member State


Estonia




Stock


RED/N3M




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Date


17.8.2012
Decision of the EEA Joint Committee No 183/2012 of 28 September 2012 amending Annex XX (Environment) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, application of EU law, disclosure of information, environmental standard, prevention of pollution, revision of an agreement




L_2012341EN.01003701.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/37








            DECISION OF THE EEA JOINT COMMITTEE
         
No 183/2012
of 28 September 2012
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2011/631/EU of 21 September 2011 establishing a questionnaire to be used for reporting on the implementation of Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control (1) is to be incorporated into the EEA Agreement.












(2)


Implementing Decision 2011/631/EU repeals, with effect from 1 January 2013, Commission Decision 2010/728/EU (2), which is incorporated into the EEA Agreement, and which is consequently to be repealed under the EEA Agreement with effect from 1 January 2013.












(3)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Annex XX to the EEA Agreement shall be amended as follows:






(1)


the following point shall be inserted after point 1fc (Commission Decision 2010/728/EU):






‘1fd.



32011 D 0631: Commission Implementing Decision 2011/631/EU of 21 September 2011 establishing a questionnaire to be used for reporting on the implementation of Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control (OJ L 247, 24.9.2011, p. 47).’;














(2)


the text of point 1fc (Commission Decision 2010/728/EU) shall be deleted with effect from 1 January 2013.






Article 2
The text of Implementing Decision 2011/631/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 September 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 247, 24.9.2011, p. 47.

(2)  
            OJ L 313, 30.11.2010, p. 13.

(*1)  No constitutional requirements indicated.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012292EN.01000902.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/9





Information communicated by Member States regarding closure of fisheries
2012/C 292/07
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


21.8.2012




Duration


21.8.2012-31.12.2012




Member State


Portugal




Stock or group of stocks


RED/N3M




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Type(s) of fishing vessels


—




Reference number


FS38TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Decision of the EEA Joint Committee No 182/2012 of 28 September 2012 amending Annex XIX (Consumer protection) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, administrative cooperation, application of EU law, consumer protection, cross-border cooperation, revision of an agreement




L_2012341EN.01003601.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/36








            DECISION OF THE EEA JOINT COMMITTEE
         
No 182/2012
of 28 September 2012
         
amending Annex XIX (Consumer protection) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Annex XIX to the Agreement was amended by Decision of the EEA Joint Committee No 109/2012 of 15 June 2012 (1).












(2)


Regulation (EU) No 954/2011 of the European Parliament and of the Council of 14 September 2011 amending Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (2) is to be incorporated into the EEA Agreement.












(3)


Annex XIX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent shall be added in point 7f (Regulation (EC) No 2006/2004 of the European Parliament and of the Council) of Annex XIX to the EEA Agreement:






‘—



32011 R 0954: Regulation (EU) No 954/2011 of the European Parliament and of the Council of 14 September 2011 (OJ L 259, 4.10.2011, p. 1).’






Article 2
The text of Regulation (EU) No 954/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 September 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 270, 4.10.2012, p. 31.

(2)  
            OJ L 259, 4.10.2011, p. 1.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 187/2012 of 28 September 2012 amending Annex XX (Environment) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, European standard, cadmium, chromium, environmental protection, general mechanical engineering, lead, mercury, revision of an agreement, spare part, vehicle, waste recycling




L_2012341EN.01004101.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/41








            DECISION OF THE EEA JOINT COMMITTEE
         
No 187/2012
of 28 September 2012
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Directive 2011/37/EU of 30 March 2011 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) is to be incorporated into the EEA Agreement.












(2)


Annex XX to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following indent shall be added in point 32e (Directive 2000/53/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:






‘—



32011 L 0037: Commission Directive 2011/37/EU of 30 March 2011 (OJ L 85, 31.3.2011, p. 3).’






Article 2
The text of Directive 2011/37/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 1 November 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 85, 31.3.2011, p. 3.

(*1)  No constitutional requirements indicated.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-28
Institutions: European Commission
Subjects: Denmark, EU waters, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012292EN.01001201.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/12





Information communicated by Member States regarding closure of fisheries
2012/C 292/12
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


30.8.2012




Duration


30.8.2012-31.12.2012




Member State


Denmark




Stock or group of stocks


LEZ/2AC4-C




Species


Megrims (Lepidorhombus spp.)




Zone


EU waters of IIa and IV




Type(s) of fishing vessels


—




Reference number


FS43TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Decision of the EEA Joint Committee No 174/2012 of 28 September 2012 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, civil defence, communications systems, first aid, revision of an agreement, road safety, transport accident




L_2012341EN.01002701.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/27








            DECISION OF THE EEA JOINT COMMITTEE
         
No 174/2012
of 28 September 2012
         
amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Recommendation 2011/750/EU of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (‘eCalls’) (1) is to be incorporated into the EEA Agreement.












(2)


Annex XI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following point shall be inserted after point 26j (Commission Recommendation 2005/698/EC) of Annex XI to the EEA Agreement:






‘26k.



32011 H 0750: Commission Recommendation 2011/750/EU of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (“eCalls”) (OJ L 303, 22.11.2011, p. 46).’






Article 2
The text of Recommendation 2011/750/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 September 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 303, 22.11.2011, p. 46.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 169/2012 of 28 September 2012 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, radio telecommunications, revision of an agreement, trans-European network, waveband




L_2012341EN.01002101.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/21








            DECISION OF THE EEA JOINT COMMITTEE
         
No 169/2012
of 28 September 2012
         
amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:







(1)


Commission Implementing Decision 2011/251/EU of 18 April 2011 amending Decision 2009/766/EC on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community (1) is to be incorporated into the EEA Agreement.












(2)


Annex XI to the EEA Agreement should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The following shall be added in point 1a (Commission Decision 2009/766/EC) of Annex XI to the EEA Agreement:

                  ‘, as amended by:






—



32011 D 0251: Commission Implementing Decision 2011/251/EU of 18 April 2011 (OJ L 106, 27.4.2011, p. 9).’
                     






Article 2
The text of Implementing Decision 2011/251/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 29 September 2012, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 28 September 2012.


For the EEA Joint Committee


The President

Atle LEIKVOLL
            





(1)  
            OJ L 106, 27.4.2011, p. 9.

(*1)  No constitutional requirements indicated.