do-me/EUR-LEX huggingface dataset:
Case C-557/11: Judgment of the Court (Sixth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Maria Kozak v Dyrektor Izby Skarbowej w Lublinie (VAT — Directive 2006/112/EC — Articles 306 to 310 — Special scheme for travel agents — Transport services carried out by travel agents acting in their own name — Concept of single service — Article 98 — Reduced VAT rate)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: VAT rate, excise duty, interpretation of the law, provision of services, travel agency








C_2012399EN.01000702.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/7





Judgment of the Court (Sixth Chamber) of 25 October 2012 (reference for a preliminary ruling from the Naczelny Sąd Administracyjny — Poland) — Maria Kozak v Dyrektor Izby Skarbowej w Lublinie
(Case C-557/11) (1)

(VAT - Directive 2006/112/EC - Articles 306 to 310 - Special scheme for travel agents - Transport services carried out by travel agents acting in their own name - Concept of single service - Article 98 - Reduced VAT rate)
2012/C 399/11
Language of the case: Polish

Referring court

Naczelny Sąd Administracyjny

Parties to the main proceedings


Applicant: Maria Kozak

Defendant: Dyrektor Izby Skarbowej w Lublinie

Re:

Reference for a preliminary ruling — Naczelny Sąd Administracyjny — Interpretation of Articles 306 to 310, and Article 98 in conjunction with point 5 of Annex III, of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1) — Scope of the special scheme for the taxation of travel agents — Refusal to apply the reduced rate of VAT, applicable to transport services, to transport services supplied by travel agents acting in their own name within the framework of the supply of an integrated travel service — Classification as a single supply

Operative part of the judgment

Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax must be interpreted as meaning that where, in the context of a tourist service provided to a tourist in return for an all-inclusive price imposed in conformity with those provisions, a travel agent provides to that tourist an in-house transport service which forms part of that tourist service, that supply of services is subject to the normal value added tax regime, inter alia in relation to the tax rate, and not to the special value added tax scheme applicable to transactions carried out by travel agents. In accordance with Article 98 of that directive, if the Member States have provided for a reduced rate of value added tax for transport services, that reduced rate applies to that supply of services.


(1)  OJ C 25, 28.1.2012.
Commission Regulation (EU) No 1001/2012 of 25 October 2012 establishing a prohibition of fishing for tusk in EU and international waters of I, II and XIV by vessels flying the flag of United Kingdom
Date: 2012-10-25
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Greenland, United Kingdom, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012300EN.01004101.xml










30.10.2012   


EN


Official Journal of the European Union


L 300/41








            COMMISSION REGULATION (EU) No 1001/2012
of 25 October 2012
         
establishing a prohibition of fishing for tusk in EU and international waters of I, II and XIV by vessels flying the flag of United Kingdom


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, 25 October 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


63/TQ44




Member State


United Kingdom




Stock


USK/1214EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of I, II and XIV




Date


7.10.2012
Information communicated by Member States regarding closure of fisheries
Date: 2012-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, Germany, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012324EN.01000502.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/5





Information communicated by Member States regarding closure of fisheries
2012/C 324/04
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


26.9.2012




Duration


26.9.2012-31.12.2012




Member State


Germany




Stock or group of stocks


COD/N01514




Species


Cod (Gadus morhua)




Zone


Greenland waters of NAFO 0 and 1; Greenland waters of V and XIV




Type(s) of fishing vessels


—




Reference number


FS58TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-553/11: Judgment of the Court (Third Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Bernhard Rintisch v Klaus Eder (Trade marks — Directive 89/104/EEC — Article 10(1) and (2)(a) — Genuine use — Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark — Temporal effects of a judgment)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: EU trade mark, approximation of laws, interpretation of the law, registered trade mark, trade-mark law








C_2012399EN.01000701.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/7





Judgment of the Court (Third Chamber) of 25 October 2012 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Bernhard Rintisch v Klaus Eder
(Case C-553/11) (1)

(Trade marks - Directive 89/104/EEC - Article 10(1) and (2)(a) - Genuine use - Use in a form, itself registered as a trade mark, differing in elements which do not alter the distinctive character of the mark - Temporal effects of a judgment)
2012/C 399/10
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant: Bernhard Rintisch

Respondent: Klaus Eder

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 10(1) and (2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Concept of ‘use of the trade mark’ — National legislation whereby use of the trade mark in a form different from the form in which it was registered may also be regarded as use of a registered trade mark, provided that the differences do not alter the distinctive character of the mark — Registration of a trade mark in order to secure or expand the protection of another registered trade mark — Legitimate expectations — Whether a change deriving from case-law is applicable to situations that had already arisen at the date of delivery of the judgment in question

Operative part of the judgment







1.


Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be interpreted as meaning that the proprietor of a registered trade mark is not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it is used in a form which differs from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form is itself registered as a trade mark.










2.


Article 10(2)(a) of Directive 89/104 must be interpreted as precluding an interpretation of the national provision intended to transpose it into domestic law whereby Article 10(2)(a) does not apply to a ‘defensive’ trade mark which is registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it is used.






(1)  OJ C 80, 17.3.2012.
Case T-216/09: Judgment of the General Court of 25 October 2012 — Astrim and Elyo Italia v Commission (Public service contracts — Tendering procedure — Maintenances services for air conditioning, heating and ventilation systems — Ispra Joint Research Centre — Rejection of a tenderer’s bid — Interpretation of a condition laid down in the contract specifications — Duty to state reasons)
Date: 2012-10-25
Institutions: General Court
Subjects: Joint Research Centre, award of contract, maintenance








C_2012379EN.01002102.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/21





Judgment of the General Court of 25 October 2012 — Astrim and Elyo Italia v Commission
(Case T-216/09) (1)

(Public service contracts - Tendering procedure - Maintenances services for air conditioning, heating and ventilation systems - Ispra Joint Research Centre - Rejection of a tenderer’s bid - Interpretation of a condition laid down in the contract specifications - Duty to state reasons)
2012/C 379/36
Language of the case: Italian

Parties


Applicants: Astrim SpA (Rome, Italy) and Elyo Italia Srl (Sesto San Giovanni, Italy) (represented by: M. Brugnoletti and M. Civello, lawyers)

Defendant: European Commission (represented: initially by N. Bambara and E. Manhaeve, then E. Manhaeve and F. Moro, Agents, and D. Gullo, lawyer)

Re:

Action for annulment of the Commission Decision of 27 March 2009 rejecting the bid submitted by the applicants in connection with the call for tenders published on 25 October 2008 by the Commission for the award of routine and non-routine maintenance services for air conditioning, heating and ventilation systems at the Ispra Joint Research Centre (OJ 2008/S 208-274999), and, in the alternative, an application for partial annulment of point 17 of the invitation to tender.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Astrim SpA and Elyo Italia Srl to pay the costs.






(1)  OJ C 167, 18.7.2009.
Information communicated by Member States regarding closure of fisheries
Date: 2012-10-25
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012324EN.01000501.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/5





Information communicated by Member States regarding closure of fisheries
2012/C 324/03
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


1.10.2012




Duration


1.10.2012-31.12.2012




Member State


Germany




Stock or group of stocks


SAN/2A3A4.




Species


Sandeel and associated by-catches (Ammodytes spp.)




Zone


EU waters of IIa, IIIa and IV excluding waters within six miles of UK baselines at Shetland, Fair Isle and Foula




Type(s) of fishing vessels


—




Reference number


FS59TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-481/12: Reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 October 2012 — Juvelta UAB v Lietuvos prabavimo rūmai
Date: 2012-10-25
Institutions: Court of Justice
Subjects: EU Member State, consumer information, gold, import (EU), labelling, product quality








C_2013009EN.01003201.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/32





Reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 25 October 2012 — Juvelta UAB v Lietuvos prabavimo rūmai
(Case C-481/12)
2013/C 9/53
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Claimant and appellant: Juvelta UAB

Defendant and respondent: Lietuvos prabavimo rūmai

Questions referred







1.


Must Article 34 of the Treaty on the Functioning of the European Union be interpreted as prohibiting national legal rules under which, when seeking to sell on the market of a Member State of the European Union articles of gold imported from another Member State which are permitted to be put on the market of that Member State (of export), those articles must be stamped with a mark, of an independent assay office authorised by a Member State, which confirms that the article bearing it has been assayed by that office and in which information intelligible to consumers of the Member State of import concerning the article’s standard of fineness is specified, in circumstances where such information concerning the standard of fineness is provided in a separate and additional mark or marking stamped on the same article of gold?










2.


For the answer to the first question is it significant that, as in the instance under consideration, the additional marking concerning the standard of fineness of articles of gold that is provided on the articles and is intelligible to consumers of the Member State of import (for example, marking with the three Arabic numerals ‘585’) has not been effected by an independent assay office authorised by a Member State of the European Union, but the information provided in the marking corresponds in meaning to the information specified in the mark, stamped on the same article, of the independent assay office authorised by the Member State of export (for example, the State of export’s marking with the Arabic numeral ‘3’ specifically denotes, under the legal measures of that State, a standard of fineness of 585)?
Protection of geographical indications of agricultural products and foodstuffs *** European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (08741/2012 – C7-0173/2012 – 2012/0069(NLE))
Date: 2012-10-25
Institutions: Committee on International Trade, European Parliament
Subjects: Moldova, agricultural product, designation of origin, foodstuff, trade agreement (EU)








CE2014072EN.01010002.xml










11.3.2014   


EN


Official Journal of the European Union


CE 72/100





Thursday 25 October 2012Protection of geographical indications of agricultural products and foodstuffs ***
P7_TA(2012)0392
European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (08741/2012 – C7-0173/2012 – 2012/0069(NLE))
2014/C 72 E/16
(Consent)

The European Parliament,






—


having regard to the draft Council decision (08741/2012),










—


having regard to the draft Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (08742/2012),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, Article 218(6), second subparagraph, point (a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0173/2012),










—


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










—


having regard to the recommendation of the Committee on International Trade (A7-0272/2012),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Moldova.