do-me/EUR-LEX huggingface dataset:
Council Implementing Regulation (EU) No 1015/2012 of 6 November 2012 amending Implementing Regulation (EU) No 542/2012 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism
Date: 2012-11-06
Institutions: Council of the European Union
Subjects: fight against crime, international sanctions, terrorism








L_2012307EN.01000301.xml










7.11.2012   


EN


Official Journal of the European Union


L 307/3








            COUNCIL IMPLEMENTING REGULATION (EU) No 1015/2012
of 6 November 2012
         
amending Implementing Regulation (EU) No 542/2012 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:







(1)


On 25 June 2012, the Council adopted Implementing Regulation (EU) No 542/2012 (2), establishing an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.












(2)


The Council has determined that there are no longer grounds for keeping one person on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies.












(3)


The list of the persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be updated accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
The person listed in the Annex to this Regulation shall be removed from the list of persons, groups and entities listed in the Annex to Implementing Regulation (EU) No 542/2012.


Article 2
This Regulation shall enter into force on the day 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, 6 November 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 344, 28.12.2001, p. 70.

(2)  
            OJ L 165, 26.6.2012, p. 12.




ANNEX

PERSON REFERRED TO IN ARTICLE 1

WALTERS, Jason Theodore James
Case T-484/12: Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)
Date: 2012-11-06
Institutions: General Court
Subjects: EU trade mark, photographic industry, product designation, registered trade mark, trade-mark law








C_2013026EN.01005303.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/53





Action brought on 6 November 2012 — CeWe Color v OHIM (SMILECARD)
(Case T-484/12)
2013/C 26/108
Language of the case: German

Parties


Applicant: CeWe Color AG & Co. OHG (Oldenburg, Germany) (represented by U. Sander, 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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 September 2012 in Case R 2279/2011-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘SMILECARD’ for goods and services in Classes 9, 16 and 40 — Community trade mark application No 9 861 691

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)(c) of Regulation No 207/2009
Case T-490/12: Action brought on 6 November 2012 — Mondadori Editore v OHIM — Grazia Equity (GRAZIA)
Date: 2012-11-06
Institutions: General Court
Subjects: EU trade mark, Italy, registered trade mark, textile industry, trade-mark law








C_2013026EN.01005502.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/55





Action brought on 6 November 2012 — Mondadori Editore v OHIM — Grazia Equity (GRAZIA)
(Case T-490/12)
2013/C 26/112
Language in which the application was lodged: English

Parties


Applicant: Arnoldo Mondadori Editore SpA (Milan, Italy) (represented by: G. Dragotti and R. Valenti, lawyers)

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

Other party to the proceedings before the Board of Appeal: Grazia Equity GmbH (Stuttgart, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 1958/2010-4; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark ‘GRAZIA’, for services in classes 35 and 36 — Community trade mark application No 6840466

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Italian trade mark registration No 906507 of the figurative mark ‘GRAZIA’, for goods and services in classes 3, 9, 16, 18, 25 and 38; Community trade mark registration No 1714146 of the figurative mark ‘GRAZIA’, for goods and services in classes 3, 9, 16, 18 and 38; Italian trade mark registration No 1049965 of the word mark ‘GRAZIA’, for goods in class 16; Italian trade mark registration No 1050165 and International trade mark registrations No 276829, No 276833 and No 817006 for the above marks, for goods and services in classes 9, 16 or 38

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

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(5) of Council Regulation No 207/2009.
Prior notification of a concentration (Case COMP/M.6762 — Advent International Corporation/Mediq) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-11-06
Institutions: European Commission
Subjects: economic concentration, health care, investment company, merger control, pharmaceutical product








C_2012336EN.01002001.xml










6.11.2012   


EN


Official Journal of the European Union


C 336/20





Prior notification of a concentration
(Case COMP/M.6762 — Advent International Corporation/Mediq)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 336/11






1.


On 23 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 Advent International Corporation (NL) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Mediq N.V. (NL) by way of public bid announced on 24 September 2012.










2.


The business activities of the undertakings concerned are:






—


for Advent International Corporation: investment in several types of markets through a diverse portfolio that includes, among others, companies in the healthcare, industrial, retail and consumer and financial services sectors,










—


for Mediq N.V.: the provision of medical devices, pharmaceuticals and associated care.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6762 — Advent International Corporation/Mediq, 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’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Notice of the expiry of certain anti-dumping measure
Date: 2012-11-06
Institutions: European Commission
Subjects: Brazil, India, Israel, anti-dumping duty, import (EU), originating product, plastics








C_2012336EN.01001901.xml










6.11.2012   


EN


Official Journal of the European Union


C 336/19





Notice of the expiry of certain anti-dumping measure
2012/C 336/10
Further to the publication of a notice of impending expiry (1) following which no duly substantiated request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (2).









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Polyethylene terephthalate (PET) film


Brazil, India and Israel


Anti-dumping duty


Council Regulation (EC) No 1292/2007 (OJ L 288, 6.11.2007, p. 1)


7.11.2012






(1)  OJ C 117, 21.4.2012, p. 7.

(2)  OJ L 343, 22.12.2009, p. 51.

(3)  The measure expires at midnight of the day mentioned in this column.
Council Implementing Regulation (EU) No 1016/2012 of 6 November 2012 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran
Date: 2012-11-06
Institutions: Council of the European Union
Subjects: Iran, economic sanctions, international sanctions








L_2012307EN.01000501.xml










7.11.2012   


EN


Official Journal of the European Union


L 307/5








            COUNCIL IMPLEMENTING REGULATION (EU) No 1016/2012
of 6 November 2012
         
implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran


THE COUNCIL OF THE EUROPEAN UNION,

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


Having regard to Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran (1), and in particular Article 46(2) thereof,

Whereas:







(1)


On 23 March 2012, the Council adopted Regulation (EU) No 267/2012.












(2)


In accordance with Council Decision 2012/687/CFSP of 6 November 2012 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (2), an additional entity should be included in the list of natural and legal persons, entities and bodies subject to restrictive measures set out in Annex IX to Regulation (EU) No 267/2012,





HAS ADOPTED THIS REGULATION:



Article 1
The entity listed in the Annex to this Regulation shall be added to Section B of Part I of the list set out in Annex IX to Regulation (EU) No 267/2012.


Article 2
This Regulation shall enter into force on the date 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, 6 November 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 88, 24.3.2012, p. 1.

(2)  See page 82 of this Official Journal.




ANNEX

ENTITY REFERRED TO IN ARTICLE 1

B.   Entities










 


Name


Identifying information


Reasons


Date of listing




1.


National Iranian Oil Company Nederland (a.k.a.: NIOC Netherlands Representation Office)


Blaak 512, 3011 TA and Weena 333, 3013 AL Rotterdam, Netherlands.
Tel +31 (10) 225 0177, +31 (10) 225 0308.
http://www.nioc-intl.com/Offices_Rotterdam.htm.


Subsidiary of the National Iranian Oil Company (NIOC).


7.11.2012
Council Decision 2012/686/CFSP of 6 November 2012 amending Decision 2012/333/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism
Date: 2012-11-06
Institutions: Council of the European Union
Subjects: economic sanctions, international sanctions, terrorism








L_2012307EN.01008001.xml










7.11.2012   


EN


Official Journal of the European Union


L 307/80








            COUNCIL DECISION 2012/686/CFSP
of 6 November 2012
         
amending Decision 2012/333/CFSP updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).












(2)


On 25 June 2012, the Council adopted Decision 2012/333/CFSP (2).












(3)


The Council has determined that there are no longer grounds for keeping one person on the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.












(4)


The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly,





HAS ADOPTED THIS DECISION:



Article 1
The person listed in Annex to this Decision shall be removed from the list of persons, groups and entities set out in the Annex to Decision 2012/333/CFSP.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 6 November 2012.


For the Council


The President

A. D. MAVROYIANNIS
            





(1)  
            OJ L 344, 28.12.2001, p. 93.

(2)  
            OJ L 165, 26.6.2012, p. 72.




ANNEX

PERSON REFERRED TO IN ARTICLE 1

WALTERS, Jason Theodore James
Case C-286/12: Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary (Failure of a Member State to fulfil obligations — Social policy — Equal treatment in employment and occupation — Directive 2000/78/EC — Articles 2 and 6(1) — National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 — Proportionality of the duration of the transitional period)
Date: 2012-11-06
Institutions: Court of Justice
Subjects: Hungary, age discrimination, cessation of trading, early retirement, employment policy, equal treatment, infringement of EU law, judge, national law, notary, public prosecutor's department, social policy








C_2013009EN.01002201.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/22





Judgment of the Court (First Chamber) of 6 November 2012 — European Commission v Hungary
(Case C-286/12) (1)

(Failure of a Member State to fulfil obligations - Social policy - Equal treatment in employment and occupation - Directive 2000/78/EC - Articles 2 and 6(1) - National scheme requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 - Legitimate objectives justifying a difference in treatment vis-à-vis workers under the age of 62 - Proportionality of the duration of the transitional period)
2013/C 9/35
Language of the case: Hungarian

Parties


Applicant: European Commission (represented by: J. Enegren and K. Talabér-Ritz, Agents)

Defendant: Hungary (represented by: M.Z. Fehér, Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16) — National rules requiring compulsory retirement of judges, prosecutors and notaries on reaching the age of 62 — Lack of legitimate objectives justifying that difference in treatment as compared with workers under the age of 62 — Disproportionate nature of the transitional period (one year)

Operative part of the judgment

The Court:






1.


Declares that, by adopting a national scheme requiring compulsory retirement of judges, prosecutors and notaries when they reach the age of 62 — which gives rise to a difference in treatment on grounds of age which is not proportionate as regards the objectives pursued —, Hungary has failed to fulfil its obligations under Articles 2 and 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;










2.


Orders Hungary to pay the costs.






(1)  OJ C 217, 21.7.2012.
Euro exchange rates
Date: 2012-11-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2012336EN.01000301.xml










6.11.2012   


EN


Official Journal of the European Union


C 336/3





Euro exchange rates (1)

5 November 2012
2012/C 336/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2777




JPY


Japanese yen


102,60




DKK


Danish krone


7,4589




GBP


Pound sterling


0,79990




SEK


Swedish krona


8,5690




CHF


Swiss franc


1,2063




ISK


Iceland króna


 




NOK


Norwegian krone


7,3425




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,234




HUF


Hungarian forint


282,58




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,1226




RON


Romanian leu


4,5240




TRY


Turkish lira


2,2793




AUD


Australian dollar


1,2338




CAD


Canadian dollar


1,2732




HKD


Hong Kong dollar


9,9024




NZD


New Zealand dollar


1,5515




SGD


Singapore dollar


1,5659




KRW


South Korean won


1 396,33




ZAR


South African rand


11,1668




CNY


Chinese yuan renminbi


7,9820




HRK


Croatian kuna


7,5250




IDR


Indonesian rupiah


12 297,67




MYR


Malaysian ringgit


3,9142




PHP


Philippine peso


52,748




RUB


Russian rouble


40,4824




THB


Thai baht


39,379




BRL


Brazilian real


2,5999




MXN


Mexican peso


16,6796




INR


Indian rupee


69,7720






(1)  Source: reference exchange rate published by the ECB.
Case C-496/12: Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 November 2012 — Spoločenstvo vlastníkov bytov MYJAVA v Podtatranská vodárenská prevádzková spoločnosť, a.s.
Date: 2012-11-06
Institutions: Court of Justice
Subjects: Slovakia, consumer goods, defective product, interpretation of the law, marketing, measuring equipment, redemption








C_2013086EN.01000701.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/7





Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 6 November 2012 — Spoločenstvo vlastníkov bytov MYJAVA v Podtatranská vodárenská prevádzková spoločnosť, a.s.
(Case C-496/12)
2013/C 86/10
Language of the case: Slovak

Referring court

Krajský súd v Prešove

Parties to the main proceedings


Applicant: Spoločenstvo vlastníkov bytov MYJAVA

Defendant: Podtatranská vodárenská prevádzková spoločnosť, a.s.

Questions referred







1.


Must the provisions of European Union directives such as Directive 1999/44/EC (1) of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees, Council Directive 85/374/EEC (2) of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, and other directives intended for the protection of consumers, be interpreted as meaning that the same protection as for consumers is also afforded to a legal person, if in contracts covered by those directives it acts for purposes which are not related to a trade or business?










2.


Must the provisions of European Union directives such as Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees and Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products be interpreted as meaning that a provision of national law, such as that at issue in the main proceedings, which when goods supplied are ascertained to be faulty limits a restitutionary claim such as a claim to recovery of the proceeds of unjust enrichment solely to the period from the last reading of the water meter carried out before the submission of the request is incompatible with them?






(1)  OJ 1999 L 171, p. 12.

(2)  OJ 1985 L 210, p. 29.
Case C-51/11: Order of the President of the Court of 6 November 2012 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — Schutzverband der Spirituosen-Industrie eV v Sonnthurn Vertriebs GmbH
Date: 2012-11-06
Institutions: Court of Justice
Subjects: alcohol, food inspection, health care, interpretation of the law








C_2013038EN.01001701.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/17





Order of the President of the Court of 6 November 2012 (request for a preliminary ruling from the Bundesgerichtshof (Germany)) — Schutzverband der Spirituosen-Industrie eV v Sonnthurn Vertriebs GmbH
(Case C-51/11) (1)

2013/C 38/25
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 139, 7.5.2011.