do-me/EUR-LEX huggingface dataset:
Information communicated by Member States regarding closure of fisheries
Date: 2012-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Germany, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2012324EN.01000601.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 324/05
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


3.10.2012




Duration


3.10.2012-31.12.2012




Member State


Germany




Stock or group of stocks


MAC/8C3411




Species


Mackerel (Scomber scombrus)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Type(s) of fishing vessels


—




Reference number


FS60TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-191/11: Judgment of the General Court of 25 October 2012 — Automobili Lamborghini v OHIM — Miura Martínez (Miura) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark Miura — Earlier national word and figurative marks MIURA — Rights of the defence — Right to be heard — Article 75 of Regulation (EC) No 207/2009 — Notification by ordinary mail — Rule 62(1) and (5) of Regulation (EC) No 2868/95)
Date: 2012-10-25
Institutions: General Court
Subjects: EU trade mark, bull, livestock farming, motor vehicle industry, registered trade mark, trade-mark law








C_2012379EN.01002301.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/23





Judgment of the General Court of 25 October 2012 — Automobili Lamborghini v OHIM — Miura Martínez (Miura)
(Case T-191/11) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark Miura - Earlier national word and figurative marks MIURA - Rights of the defence - Right to be heard - Article 75 of Regulation (EC) No 207/2009 - Notification by ordinary mail - Rule 62(1) and (5) of Regulation (EC) No 2868/95)
2012/C 379/39
Language of the case: German

Parties


Applicant: Automobili Lamborghini Holding SpA (Sant’ Agata Bolognese, Italy) (represented by: P. Kather, lawyer)

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

Other parties to the proceedings before the Board of Appeal of OHIM: Eduardo Miura Martínez and Antonio José Miura Martínez (Seville, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2011 (Case R 161/2010-4) relating to opposition proceedings between Eduardo Miura Martínez and Antonio José Miura Martínez and Automobili Lamborghini Holding SpA.

Operative part of the judgment

The General Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 January 2011 (Case R 161/2010 4);










2.


Orders the Commission to pay the costs.






(1)  OJ C 160, 28.5.2011.
Case T-503/10: Judgment of the General Court of 25 October 2012 — IDT Biologika v Commission (Public supply contracts — Call for tenders — Supply in Serbia of rabies vaccines — Rejection of a submitted tender — Award of the contract to another tenderer)
Date: 2012-10-25
Institutions: General Court
Subjects: Serbia, award of contract, invitation to tender, rabies, vaccine








C_2012379EN.01002201.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/22





Judgment of the General Court of 25 October 2012 — IDT Biologika v Commission
(Case T-503/10) (1)

(Public supply contracts - Call for tenders - Supply in Serbia of rabies vaccines - Rejection of a submitted tender - Award of the contract to another tenderer)
2012/C 379/37
Language of the case: German

Parties


Applicant: IDT Biologika GmbH (Dessau-Roßlau, Germany) (represented by: R. Gross, T. Kroupa, T. Drosdziok and F. Ahr, lawyers)

Defendant: European Commission (represented by: F. Erlbacher and T. Scharf, agents)

Re:

Annulment of the decision dated 10 August 2010 of the European Union delegation in the Republic of Serbia (OJ 2010/S 192-293332) awarding the contract in the call for tenders EuropeAid/129809/C/SUP/RS for the supply of rabies vaccines for vaccination campaigns in Serbia to the consortium directed by the company Bioveta a.s. and rejecting the tender submitted by the applicant.

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders IDT Biologika GmbH to pay the costs.






(1)  OJ C 346, 18.12.2010.
Commission Implementing Regulation (EU) No 1006/2012 of 25 October 2012 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carne de Ávila (PGI)]
Date: 2012-10-25
Institutions: European Commission
Subjects: Castile-Leon, Spain, agricultural product, designation of origin, foodstuff, fresh meat, product designation








L_2012302EN.01000501.xml










31.10.2012   


EN


Official Journal of the European Union


L 302/5








            COMMISSION IMPLEMENTING REGULATION (EU) No 1006/2012
of 25 October 2012
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Carne de Ávila (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)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Spain's application for the approval of amendments to the specification for the protected geographical indication ‧Carne de Ávila‧ registered under Commission Regulation (EC) No 1107/96 (2).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (3), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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 L 148, 21.6.1996, p. 2.

(3)  
            OJ C 31, 4.2.2012, p. 25.




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

Class 1.1.   Fresh meat (and offal)

SPAIN
Carne de Ávila (PGI)
Case C-164/11: Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic (Failure of a Member State to fulfil obligations — Directive 2003/96/EC — Taxation of energy products and electricity — Failure to transpose within the prescribed period)
Date: 2012-10-25
Institutions: Court of Justice
Subjects: France, electrical energy, energy-generating product, infringement of EU law, national implementing measure








C_2012399EN.01000402.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/4





Judgment of the Court (Eighth Chamber) of 25 October 2012 — European Commission v French Republic
(Case C-164/11) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/96/EC - Taxation of energy products and electricity - Failure to transpose within the prescribed period)
2012/C 399/06
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Mölls, acting as Agent)

Defendant: French Republic (represented by: G. de Bergues and N. Rouam, acting as Agents)

Intervener in support of the defendant: Kingdom of Spain (represented by: S. Centeno Huerta, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the provisions necessary to adapt its electricity taxation system to the provisions laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity (OJ 2003 L 283, p. 51) — Application of a single rate on expiry of the transitional period

Operative part of the judgment

The Court:






1.


Declares that by failing to adopt the provisions necessary to adapt its electricity taxation system to the provisions laid down by Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, despite the expiry of the transitional period provided for in the second subparagraph of Article 18(10) of that directive, the French Republic has failed to fulfil its obligations under that directive;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 186, 25.6.2011.
Commission Regulation (EU) No 1000/2012 of 25 October 2012 establishing a prohibition of fishing for black scabbardfish in EU and international waters of V, VI, VII and XII by vessels flying the flag of United Kingdom
Date: 2012-10-25
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, United Kingdom, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012300EN.01003901.xml










30.10.2012   


EN


Official Journal of the European Union


L 300/39








            COMMISSION REGULATION (EU) No 1000/2012
of 25 October 2012
         
establishing a prohibition of fishing for black scabbardfish in EU and international waters of V, VI, VII and XII 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 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species (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 336, 21.12.2010, p. 1.




ANNEX






No


62/DSS




Member State


United Kingdom




Stock


BSF/56712-




Species


Black scabbardfish (Aphanopus carbo)




Zone


EU and international waters of V, VI, VII and XII




Date


7.10.2012
Case T-467/12: Action brought on 25 October 2012 — Tridium v OHIM — q-bus Mediatektur (SEDONA FRAMEWORK)
Date: 2012-10-25
Institutions: General Court
Subjects: EU trade mark, registered trade mark, software, trade-mark law








C_2013009EN.01003802.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/38





Action brought on 25 October 2012 — Tridium v OHIM — q-bus Mediatektur (SEDONA FRAMEWORK)
(Case T-467/12)
2013/C 9/70
Language in which the application was lodged: English

Parties


Applicant: Tridium, Inc. (Richmond, Unites States) (represented by: M. Nentwig, lawyer)

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

Other party to the proceedings before the Board of Appeal: q-bus Mediatektur GmbH (Berlin, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2012 in case R 1943/2011-2; and










—


Order the defendant to bear the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SEDONA FRAMEWORK’, for goods in class 9 — Community trade mark application No 9067372

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: International trade mark registration No 934023 of the figurative mark ‘~sedna’, for goods in class 9

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Corrigendum to Information on the date of entry into force of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles ( OJ L 219, 14.8.2008 )
Date: 2012-10-25
Institutions: Council of the European Union
Subjects: Seychelles, agreement (EU), economic development, fishery management, fishing agreement, fishing rights








L_2012295EN.01002401.xml










25.10.2012   


EN


Official Journal of the European Union


L 295/24







Corrigendum to Information on the date of entry into force of the Fisheries Partnership Agreement between the European Community and the Republic of Seychelles
(
Official Journal of the European Union L 219 of 14 August 2008
)

On page 64, first paragraph:
for:

               ‘On 28 February 2007 and 24 July 2008 respectively, …’,
read:

               ‘On 28 February 2007 and 2 November 2007 respectively, …’;
on page 64, second paragraph:
for:

               ‘The Agreement accordingly entered into force on 24 July 2008, …’,
read:

               ‘The Agreement accordingly entered into force on 2 November 2007, …’.
Case T-161/06: Judgment of the General Court of 25 October 2012 — Arbos v Commission (Action for damages — ‘Culture 2000’ programme — Grants made for projects — Claims for payment of various sums — Article 44(1)(c) of the Rules of Procedure — Inadmissible)
Date: 2012-10-25
Institutions: General Court
Subjects: cultural promotion, economic support, indemnification








C_2012379EN.01002101.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/21





Judgment of the General Court of 25 October 2012 — Arbos v Commission
(Case T-161/06) (1)

(Action for damages - ‘Culture 2000’ programme - Grants made for projects - Claims for payment of various sums - Article 44(1)(c) of the Rules of Procedure - Inadmissible)
2012/C 379/35
Language of the case: German

Parties


Applicant: Arbos Gesellschaft für Musik und Theater (Klagenfurt, Austria) (represented by: H. Karl, lawyer)

Defendant: European Commission (represented by: L. Pignataro-Nolin and I. Kaufmann-Buhler, then L. Pignataro-Nolin and W. Molls, and finally W. Molls and D. Roussanov, Agents)

Re:

Action for compensation from the Commission, first, for payment of EUR 38 585,42 plus interest at 12 % from 1 January 2001 and EUR 27 618,91 plus interest at 12 % from 1 March 2003 and, second, the payment of EUR 26 459,38 excluding VAT for fees for lawyers instructed during the pre-litigation phase.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Arbos Gesellschaft für Musik und Theater to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 212, 2.9.2006.
Prior notification of a concentration (Case COMP/M.6642 — Eaton Corporation/Cooper Industries)  Text with EEA relevance
Date: 2012-10-25
Institutions: European Commission
Subjects: aerospace industry, economic concentration, electrical equipment, electrical industry, merger control, motor vehicle industry








C_2012324EN.01001401.xml










25.10.2012   


EN


Official Journal of the European Union


C 324/14





Prior notification of a concentration
(Case COMP/M.6642 — Eaton Corporation/Cooper Industries)
(Text with EEA relevance)
2012/C 324/12






1.


On 17 October 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 Eaton Corporation (‘Eaton’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, sole control of Cooper Industries plc (‘Cooper’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Eaton: a diversified industrial company which is active mainly in (i) aerospace: (ii) automotive; (iii) electrical; (iv) hydraulics; and (v) truck,










—


for Cooper: manufacturing of electrical equipment.














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.6642 — Eaton Corporation/Cooper Industries, 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’).
Commission Implementing Regulation (EU) No 1004/2012 of 25 October 2012 entering a name in the register of protected designations of origin and protected geographical indications [Spalt Spalter (PDO)]
Date: 2012-10-25
Institutions: European Commission
Subjects: Germany, agricultural product, aromatic plant, designation of origin, foodstuff, product designation








L_2012302EN.01000101.xml










31.10.2012   


EN


Official Journal of the European Union


L 302/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 1004/2012
of 25 October 2012
         
entering a name in the register of protected designations of origin and protected geographical indications [Spalt Spalter (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, Germany's application to register the name ‧Spalt Spalter‧ 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 29, 2.2.2012, p. 19.




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

Class 1.8.   Other products listed in Annex I to the Treaty (spices, etc.)

GERMANY
Spalt Spalter (PDO)