do-me/EUR-LEX huggingface dataset:
Commission Implementing Regulation (EU) No 1007/2012 of 25 October 2012 entering a name in the register of protected designations of origin and protected geographical indications [Fränkischer Karpfen / Frankenkarpfen / Karpfen aus Franken (PGI)]
Date: 2012-10-25
Institutions: European Commission
Subjects: Germany, agricultural product, designation of origin, foodstuff, freshwater fish, product designation








L_2012302EN.01000701.xml










31.10.2012   


EN


Official Journal of the European Union


L 302/7








            COMMISSION IMPLEMENTING REGULATION (EU) No 1007/2012
of 25 October 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Fränkischer Karpfen / Frankenkarpfen / Karpfen aus Franken (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Germany's application to register the name ‧Fränkischer Karpfen / Frankenkarpfen / Karpfen aus Franken‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth 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, 25 October 2012.


For the Commission, On behalf of the President,
Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 30, 3.2.2012, p. 10.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

GERMANY
Fränkischer Karpfen / Frankenkarpfen / Karpfen aus Franken (PGI)
Conclusion, on behalf of the EU, of the Food Assistance Convention *** European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion, on behalf of the European Union, of the Food Assistance Convention (12267/2012 – C7-0210/2012– 2012/0183(NLE))
Date: 2012-10-25
Institutions: Committee on Development, European Parliament
Subjects: European convention, aid to disadvantaged groups, food aid








CE2014072EN.01010101.xml










11.3.2014   


EN


Official Journal of the European Union


CE 72/101





Thursday 25 October 2012Conclusion, on behalf of the EU, of the Food Assistance Convention ***
P7_TA(2012)0393
European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion, on behalf of the European Union, of the Food Assistance Convention (12267/2012 – C7-0210/2012– 2012/0183(NLE))
2014/C 72 E/17
(Consent)

The European Parliament,






—


having regard to the draft Council decision (12267/2012),










—


having regard to the Food Assistance Convention (attached to the draft Council decision),










—


having regard to the request for consent submitted by the Council in accordance with Article 214(4) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C7-0210/2012),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Development (A7-0309/2012),










1.


Consents to conclusion of the Convention;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States.
Case C-387/11: Judgment of the Court (First Chamber) of 25 October 2012 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Articles 49 TFEU and 63 TFEU — Articles 31 and 40 of the EEA Agreement — Taxation of income from capital and immovable property — Resident and non-resident investment companies — Withholding tax — Setting off of withholding tax — Exemption of income from capital and movable property — Discrimination — Justifications)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: Belgium, deduction at source, discrimination on the basis of nationality, foreign investment, free movement of capital, infringement of EU law, investment company, tax exemption, tax system








C_2012399EN.01000602.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/6





Judgment of the Court (First Chamber) of 25 October 2012 — European Commission v Kingdom of Belgium
(Case C-387/11) (1)

(Failure of a Member State to fulfil obligations - Articles 49 TFEU and 63 TFEU - Articles 31 and 40 of the EEA Agreement - Taxation of income from capital and immovable property - Resident and non-resident investment companies - Withholding tax - Setting off of withholding tax - Exemption of income from capital and movable property - Discrimination - Justifications)
2012/C 399/09
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Mölls and C. Soulay, Agents)

Defendant: Kingdom of Belgium (represented by: J.-C. Halleux and M. Jacobs, Agents)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer, Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 49 and 63 TFUE and Articles 31 and 40 of the European Economic Area Agreement — Taxation of income from capital and immovable property — Exemption for investment companies — National legislation providing for a withholding tax on income from capital and immovable property (‘précompte mobilier’) — Discrimination against foreign investment companies which do not have a fixed establishment in the national territory inasmuch as they are not permitted to recover the amount paid by way of withholding tax — Lack of justification

Operative part of the judgment

The Court:






1.


Declares that, by maintaining different rules for the taxation of income from capital and movable property according to whether it is earned by resident investment companies or non-resident investment companies with no permanent establishment in Belgium, the Kingdom of Belgium has failed to fulfil its obligations under Articles 49 TFEU and 63 TFEU, and Articles 31 and 40 of the Agreement on the European Economic Area of 2 May 1992;










2.


Orders the Kingdom of Belgium to pay the costs;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 305, 15.10.2011.
Case C-367/11: Judgment of the Court (Fourth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Déborah Prete v Office national de l’emploi (Freedom of movement for persons — Article 39 EC — National of a Member State seeking employment in another Member State — Equal treatment — Tideover allowance for young persons seeking their first job — Grant subject to completion of at least six years’ studies in the host State)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: discrimination on the basis of nationality, equal treatment, first job, free movement of persons, interpretation of the law, job access, migrant worker, unemployment insurance, young person








C_2012399EN.01000601.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/6





Judgment of the Court (Fourth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Déborah Prete v Office national de l’emploi
(Case C-367/11) (1)

(Freedom of movement for persons - Article 39 EC - National of a Member State seeking employment in another Member State - Equal treatment - Tideover allowance for young persons seeking their first job - Grant subject to completion of at least six years’ studies in the host State)
2012/C 399/08
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Déborah Prete

Defendant: Office national de l’emploi

Re:

Reference for a preliminary ruling — Cour de cassation (Belgium) — Interpretation of Articles 12, 17, 18 and 39 EC (now Articles 18, 20, 21 and 45 TFEU) — Tideover allowance for young persons seeking their first job — Grant subject to completion of at least six years’ studies at an educational establishment in the Member State concerned — Refusal to grant it to a national of another Member State who completed her secondary studies in that other State, on the sole ground that the above condition was not fulfilled — Factors to be taken into account to appraise the young person’s link to the national employment market

Operative part of the judgment

Article 39 EC precludes a national provision such as that at issue in the main proceedings, which makes the right to a tideover allowance for the benefit of young people looking for their first job subject to the condition that the person concerned has completed at least six years’ studies in an educational establishment of the host Member State, insofar as that condition prevents other representative factors liable to establish the existence of a real link between the person claiming the allowance and the geographic labour market concerned being taken into account and accordingly goes beyond what is necessary to attain the aim pursued by that provision which is to ensure that such a link exists.


(1)  OJ C 282, 24.9.2011.
Euro exchange rates
Date: 2012-10-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2012324EN.01000401.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/4





Euro exchange rates (1)

24 October 2012
2012/C 324/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2942




JPY


Japanese yen


103,33




DKK


Danish krone


7,4592




GBP


Pound sterling


0,80830




SEK


Swedish krona


8,6558




CHF


Swiss franc


1,2100




ISK


Iceland króna


 




NOK


Norwegian krone


7,4350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,973




HUF


Hungarian forint


280,89




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1357




RON


Romanian leu


4,5765




TRY


Turkish lira


2,3365




AUD


Australian dollar


1,2526




CAD


Canadian dollar


1,2807




HKD


Hong Kong dollar


10,0304




NZD


New Zealand dollar


1,5887




SGD


Singapore dollar


1,5832




KRW


South Korean won


1 428,48




ZAR


South African rand


11,3602




CNY


Chinese yuan renminbi


8,0858




HRK


Croatian kuna


7,5640




IDR


Indonesian rupiah


12 437,74




MYR


Malaysian ringgit


3,9619




PHP


Philippine peso


53,613




RUB


Russian rouble


40,6250




THB


Thai baht


39,758




BRL


Brazilian real


2,6213




MXN


Mexican peso


16,7825




INR


Indian rupee


69,6690






(1)  Source: reference exchange rate published by the ECB.
Case C-480/12: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands), lodged on 25 October 2012 — Minister van Financiën; other party: X BV
Date: 2012-10-25
Institutions: Court of Justice
Subjects: VAT, customs debt, deadline for payment, exchange of information, interpretation of the law








C_2013026EN.01002202.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/22





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands), lodged on 25 October 2012 — Minister van Financiën; other party: X BV
(Case C-480/12)
2013/C 26/41
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Minister van Financiën

Other party: X BV

Questions referred







1.








(a)


Must Articles 203 CCC [Community Customs Code] and 204 CCC, (1) read in conjunction with Article 859 (in particular Article 859(2)(c)) CCIP [Regulation implementing the Community Customs Code], (2) be interpreted as meaning that the (mere) exceeding of the transportation time-limit set in accordance with Article 356(1) CCIP does not lead to a customs debt being incurred by reason of a removal from customs supervision within the meaning of Article 203 CCC, but to a customs debt being incurred on the basis of Article 204 CCC?










(b)


Does an affirmative answer to Question 1 require that the persons concerned supply the customs authorities with information regarding the reasons for exceeding the time-limit or that they at least explain to the customs authorities where the goods were held during the time which elapsed between the time-limit set in accordance with Article 356 [CCIP] and the time at which they were actually presented at the customs office of destination?














2.


Must the Sixth Directive, (3) in particular Article 7 of that directive, be interpreted as meaning that VAT becomes chargeable when a customs debt is incurred exclusively on the basis of Article 204 CCC?






(1)  Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ 1992 L 302, p. 1).

(2)  Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ 1993 L 253, p. 1).

(3)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
Information communicated by Member States regarding closure of fisheries
Date: 2012-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2012324EN.01000602.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/6





Information communicated by Member States regarding closure of fisheries
2012/C 324/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


5.10.2012




Duration


5.10.2012-31.12.2012




Member State


Spain




Stock or group of stocks


JAX/2A-14




Species


Horse mackerel (Trachurus spp.)




Zone


EU waters of IIa, IVa; VI, VIIa-c, VIIe-k, VIIIa, VIIIb, VIIId and VIIIe; EU and international waters of Vb; international waters of XII and XIV




Type(s) of fishing vessels


—




Reference number


FS61TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-552/10: Judgment of the General Court of 25 October 2012 — riha v OHIM — Lidl Stiftung (VITAL&FIT) (Community trade mark — Opposition proceedings — Application for Community figurative mark VITAL&FIT — Earlier national word mark VITAFIT — Relative ground for refusal — Likelihood of confusion — Article 8(1)b) of Regulation (EC) No 207/2009 — Duty to state reasons — Article 75 of Regulation No 207/2009)
Date: 2012-10-25
Institutions: General Court
Subjects: EU trade mark, processed food product, registered trade mark, trade-mark law








C_2012379EN.01002202.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/22





Judgment of the General Court of 25 October 2012 — riha v OHIM — Lidl Stiftung (VITAL&FIT)
(Case T-552/10) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark VITAL&FIT - Earlier national word mark VITAFIT - Relative ground for refusal - Likelihood of confusion - Article 8(1)b) of Regulation (EC) No 207/2009 - Duty to state reasons - Article 75 of Regulation No 207/2009)
2012/C 379/38
Language of the case: German

Parties


Applicant: riha Richard Hartinger Getränke GmbH & Co. Handels-KG (Rinteln, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lidl Stiftund & Co. KG (Neckarsulm, Germany) (represented by: M. Schaeffer and A. Marx, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 October 2010 (Case R 1229/2009-4) relating to opposition proceedings between Lidl Stiftund & Co. KG and riha Richard Hartinger Getränke GmbH & Co. Handels-KG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders: riha Richard Hartinger Getränke GmbH & Co. Handels-KG to pay the costs.






(1)  OJ C 30 of 29.1.2011.
Case C-133/11: Judgment of the Court (First Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Folien Fischer AG, Fofitec AG v Ritrama SpA (Area of freedom, security and justice — Jurisdiction in civil and commercial matters — Special jurisdiction in tort, delict or quasi-delict — Action for a negative declaration ( «negative Feststellungsklage» ) — Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected, before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: area of freedom, security and justice, criminal liability, interpretation of the law, jurisdiction








C_2012399EN.01000401.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/4





Judgment of the Court (First Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Folien Fischer AG, Fofitec AG v Ritrama SpA
(Case C-133/11) (1)

(Area of freedom, security and justice - Jurisdiction in civil and commercial matters - Special jurisdiction in tort, delict or quasi-delict - Action for a negative declaration («negative Feststellungsklage») - Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected, before the courts with jurisdiction for the place where the act allegedly occurred or may occur, seeking a declaration that there is no liability in tort or delict)
2012/C 399/05
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicants: Folien Fischer AG, Fofitec AG

Defendant: Ritrama SpA

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of point (3) of Article 5 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — Special jurisdiction in tort, delict or quasi-delict — Action for a negative declaration (negative Feststellungsklage) — Whether a person who may have committed a harmful act may bring the person potentially adversely affected before the courts with jurisdiction for the place where the act occurred or may occur, seeking a declaration that there is no liability in tort or delict.

Operative part of the judgment

Point (3) of Article 5 of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict falls within the scope of that provision.


(1)  OJ C 204, 9.7.2011.
Commission Implementing Regulation (EU) No 1005/2012 of 25 October 2012 entering a name in the register of protected designations of origin and protected geographical indications [Papas Antiguas de Canarias (PDO)]
Date: 2012-10-25
Institutions: European Commission
Subjects: Canary Islands, Spain, agricultural product, designation of origin, foodstuff, potato, product designation








L_2012302EN.01000301.xml










31.10.2012   


EN


Official Journal of the European Union


L 302/3








            COMMISSION IMPLEMENTING REGULATION (EU) No 1005/2012
of 25 October 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Papas Antiguas de Canarias (PDO)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‧Papas Antiguas de Canarias‧ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the twentieth 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, 25 October 2012.


For the Commission, On behalf of the President,

Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 31, 4.2.2012, p. 18.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

SPAIN
Papas Antiguas de Canarias (PDO)
Notice of open competition
Date: 2012-10-25
Institutions: European Personnel Selection Office
Subjects: Croatia, EPSO, assistant, communications profession, competition (EU), legal profession, project management








C_2012324EN.01001001.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/10





NOTICE OF OPEN COMPETITION
2012/C 324/08
The European Personnel Selection Office (EPSO) is organising an open competition:
EPSO/AST/123/12 — Assistants with Croatian citizenship (AST 3) in the following fields:






1.


Legal matters










2.


Communication










3.


Project/Programmes/Contracts management




The competition notice is published in English, French and German only, in Official Journal C 324 A of 25 October 2012.
Further details can be found on the EPSO website: http://blogs.ec.europa.eu/eu-careers.info/