do-me/EUR-LEX huggingface dataset:
Case T-433/12: Action brought on 28 September 2012 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)
Date: 2012-09-28
Institutions: General Court
Subjects: EU trade mark, registered trade mark, toy industry, trade-mark law








C_2012366EN.01003901.xml










24.11.2012   


EN


Official Journal of the European Union


C 366/39





Action brought on 28 September 2012 — Steiff v OHIM (Metal button in the middle section of the ear of a soft toy)
(Case T-433/12)
2012/C 366/78
Language of the case: German

Parties


Applicant: Margarete Steiff GmbH (Giengen an der Brenz, Germany) (represented by D. Fissl, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2012 in Case R 1693/2011-1;










—


Annul OHIM’s rejection of Community trade mark application No 9 439 613;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the positional mark with which protection is claimed for a gleaming or matt, round metal button fastened to the middle section of the ear of a soft toy for goods in Class 28 — Community trade mark application No 9 439 613

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: infringement of Article 7(1)(b) of Regulation No 207/2009
Case F-108/12: Action brought on 28 September 2012 — ZZ v Commission
Date: 2012-09-28
Institutions: Civil Service Tribunal
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2012379EN.01003402.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/34





Action brought on 28 September 2012 — ZZ v Commission
(Case F-108/12)
2012/C 379/56
Language of the case: French

Parties


Applicant: ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, É. Marchal and S. Orlandi, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision concerning the transfer of the applicant’s pension rights into the European Union pension scheme, which decision applies the new GIP relating to Articles 11 and 12 of Annex VIII to the Staff Regulations of Officials.

Form of order sought







—


Annul the decision of 9 December 2011 concerning the transfer of the applicant’s pension rights under Article 11(2) and (3) of Annex VIII to the Staff Regulations into the European Union pension scheme;










—


In so far as necessary, annul the decision rejecting his claim of 20 June 2012 made against the decision of 9 December 2011;










—


Order the Commission to pay the costs.
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-28
Institutions: European Commission
Subjects: North Sea, Norwegian Sea, Sweden, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012292EN.01001001.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/10





Information communicated by Member States regarding closure of fisheries
2012/C 292/08
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


3.9.2012




Duration


3.9.2012-31.12.2012




Member State


Sweden




Stock or group of stocks


COD/2A3AX4




Species


Cod (Gadus Morhua)




Zone


IV; EU waters of IIa; that part of IIIa not covered by the Skagerrak and Kattegat




Type(s) of fishing vessels


—




Reference number


FS39TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Regulation (EU) No 914/2012 of 28 September 2012 establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of Spain
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, North-West Atlantic Fisheries Organisation, Spain, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012272EN.01001101.xml










6.10.2012   


EN


Official Journal of the European Union


L 272/11








            COMMISSION REGULATION (EU) No 914/2012
of 28 September 2012
         
establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of Spain


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


47/TQ44




Member State


Spain




Stock


RED/N3M




Species


Redfish (Sebastes spp.)




Zone


NAFO 3M




Date


24.8.2012
Decision of the EEA Joint Committee No 172/2012 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: Community certification, European Economic Area, European standard, electro-magnetic equipment, harmonisation of standards, revision of an agreement, safety standard, satellite communications, technical standard, telecommunications equipment




L_2012341EN.01002401.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/24








            DECISION OF THE EEA JOINT COMMITTEE
         
No 172/2012
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 2011/485/EU of 29 July 2011 amending Decision 2005/50/EC on the harmonisation of the 24 GHz range radio spectrum band for the time-limited use by automotive short-range radar equipment 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 5cr (Commission Decision 2005/50/EC) of Annex XI to the EEA Agreement:

                  ‘, as amended by:






—



32011 D 0485: Commission Implementing Decision 2011/485/EU of 29 July 2011 (OJ L 198, 30.7.2011, p. 71).’
                     






Article 2
The text of Implementing Decision 2011/485/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 198, 30.7.2011, p. 71.

(*1)  No constitutional requirements indicated.
Prior notification of a concentration (Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V.)  Text with EEA relevance
Date: 2012-09-28
Institutions: European Commission
Subjects: Africa, France, Netherlands, United Kingdom, economic concentration, electronic component, information technology, merger control, wholesale trade








C_2012292EN.01001301.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/13





Prior notification of a concentration
(Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V.)
(Text with EEA relevance)
2012/C 292/14






1.


On 19 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 Tech Data Europe GmbH (‘Tech Data Europe’, Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertakings Specialist Distribution Group Limited (United Kingdom) and its wholly-owned subsidiary ISI Distribution Ltd (United Kingdom), ETC Metrologie Sarl (France), ETC Africa SAS (France), Best’Ware France SA (France), SDG B.V. (The Netherlands) and its wholly-owned subsidiary ETC B.V. (The Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


Tech Data Europe: wholesale distribution of electronic products, in particular IT products,










—


Specialist Distribution Group Limited and ISI Distribution Ltd: wholesale distribution of IT products in the United Kingdom,










—


ETC Metrologie Sarl and Best’Ware France SA: wholesale distribution of IT products in France,










—


ETC Africa SAS: wholesale distribution of IT products in Africa,










—


SDG B.V. and ETC B.V.: wholesale distribution of IT products in the Netherlands.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG B.V., 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’).
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-28
Institutions: European Commission
Subjects: Norwegian Sea, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012292EN.01001102.xml










28.9.2012   


EN


Official Journal of the European Union


C 292/11





Information communicated by Member States regarding closure of fisheries
2012/C 292/11
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


POK/1N2AB.




Species


Saithe (Pollachius virens)




Zone


Norwegian waters of I and II




Type(s) of fishing vessels


—




Reference number


FS42TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Decision of the EEA Joint Committee No 178/2012 of 28 September 2012 amending Annex XIII (Transport) to the EEA Agreement
Date: 2012-09-28
Institutions: EEA Joint Committee
Subjects: European Economic Area, air safety, airport, civil aviation, explosive, ionising radiation, revision of an agreement, scanner, traveller




L_2012341EN.01003201.xml










13.12.2012   


EN


Official Journal of the European Union


L 341/32








            DECISION OF THE EEA JOINT COMMITTEE
         
No 178/2012
of 28 September 2012
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 135/2012 of 13 July 2012 (1).












(2)


Commission Implementing Regulation (EU) No 1087/2011 of 27 October 2011 amending Regulation (EU) No 185/2010 laying down detailed measures for the implementation of the common basic standards on aviation security in respect of explosive detection systems (2) is to be incorporated into the Agreement.












(3)


Commission Regulation (EU) No 1141/2011 of 10 November 2011 amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security as regards the use of security scanners at EU airports (3) is to be incorporated into the Agreement,





HAS ADOPTED THIS DECISION:



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






(1)


the following indent shall be added in point 66ha (Commission Regulation (EC) No 272/2009):






‘—



32011 R 1141: Commission Regulation (EU) No 1141/2011 of 10 November 2011 (OJ L 293, 11.11.2011, p. 22).’;














(2)


the following indent shall be added in point 66he (Commission Regulation (EU) No 185/2010):






‘—



32011 R 1087: Commission Implementing Regulation (EU) No 1087/2011 of 27 October 2011 (OJ L 281, 28.10.2011, p. 12).’










Article 2
The texts of Implementing Regulation (EU) No 1087/2011 and Regulation (EU) No 1141/2011 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 1 November 2012, provided that all the notifications under Article 103(1) of the 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 309, 8.11.2012, p. 16.

(2)  
            OJ L 281, 28.10.2011, p. 12.

(3)  
            OJ L 293, 11.11.2011, p. 22.

(*1)  No constitutional requirements indicated.
Commission Regulation (EU) No 915/2012 of 28 September 2012 establishing a prohibition of fishing for anchovy in areas IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch quota, fishing rights, sea fish, ship's flag








L_2012272EN.01001301.xml










6.10.2012   


EN


Official Journal of the European Union


L 272/13








            COMMISSION REGULATION (EU) No 915/2012
of 28 September 2012
         
establishing a prohibition of fishing for anchovy in areas IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Spain


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, 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. 1.




ANNEX






No


48/TQ43




Member State


Spain




Stock


ANE/9/3411




Species


Anchovy (Engraulis encrasicolus)




Zone


IX and X; EU waters of CECAF 34.1.1




Date


11.9.2012
Information communicated by Member States regarding closure of fisheries
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, Belgium, EU waters, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012292EN.01001202.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 292/13
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


7.9.2012




Duration


7.9.2012-31.12.2012




Member State


Belgium




Stock or group of stocks


HAD/7X7A34




Species


Haddock (Melanogrammus aeglefinus)




Zone


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




Type(s) of fishing vessels


—




Reference number


FS45TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Commission Regulation (EU) No 909/2012 of 28 September 2012 establishing a prohibition of fishing for common sole in area IIIa; EU waters of Subdivisions 22-32 by vessels flying the flag of Sweden
Date: 2012-09-28
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Sweden, catch quota, fishing rights, sea fish, ship's flag








L_2012272EN.01000101.xml










6.10.2012   


EN


Official Journal of the European Union


L 272/1








            COMMISSION REGULATION (EU) No 909/2012
of 28 September 2012
         
establishing a prohibition of fishing for common sole in area IIIa; EU waters of Subdivisions 22-32 by vessels flying the flag of Sweden


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, 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. 1.




ANNEX






No


50/TQ43




Member State


Sweden




Stock


SOL/3A/BCD




Species


Common Sole (Solea solea)




Zone


IIIa; EU waters of Subdivisions 22-32




Date


17.9.2012