do-me/EUR-LEX huggingface dataset:
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel’ COM(2012) 413 final — 2012/0201 (COD)
Date: 2012-11-14
Institutions: European Economic and Social Committee
Subjects: European Commission, conservation of fish stocks, delegation of power, fish








C_2013011EN.01008602.xml










15.1.2013   


EN


Official Journal of the European Union


C 11/86





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel’
COM(2012) 413 final — 2012/0201 (COD)
2013/C 11/22
On 11 September 2012 the European Parliament and on 3 September 2012 the Council decided to consult the European Economic and Social Committee, under Article 43 of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel

COM(2012) 413 final — 2012/0201 (COD).
Since the Committee endorses the content of the proposal, it decided, at its 484th plenary session of 14 and 15 November 2012 (meeting of 14 November 2012), by 150 votes to 1 with 6 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 November 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on the protection of species of wild fauna and flora by regulating trade therein (Recast)’ COM(2012) 403 final — 2012/0196 (COD)
Date: 2012-11-14
Institutions: European Economic and Social Committee
Subjects: conservation of resources, protected species, protection of animal life, protection of plant life, trade restriction








C_2013011EN.01008502.xml










15.1.2013   


EN


Official Journal of the European Union


C 11/85





Opinion of the European Economic and Social Committee on the ‘Proposal for a Regulation of the European Parliament and of the Council on the protection of species of wild fauna and flora by regulating trade therein (Recast)’
COM(2012) 403 final — 2012/0196 (COD)
2013/C 11/20
On 11 September 2012 the European Parliament and on 12 September the Council decided to consult the European Economic and Social Committee, under Article 192(1) of the Treaty on the Functioning of the European Union, on the

Proposal for a Regulation of the European Parliament and of the Council on the protection of species of wild fauna and flora by regulating trade therein


(Recast)

COM(2012) 403 final — 2012/0196 (COD).
Since the Committee endorses the content of the proposal, it decided, at its 484th plenary session of 14 and 15 November 2012 (meeting of 14 November 2012), with 151 votes in favour and 5 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 November 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Case T-529/11: Judgment of the General Court of 14 November 2012 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador) (Community trade mark — Opposition proceedings — Application for Community word mark Impulso creador — Earlier figurative Community mark IMPULSO — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2012-11-14
Institutions: General Court
Subjects: EU trade mark, industrial product, registered trade mark, trade-mark law








C_2012399EN.01002002.xml










22.12.2012   


EN


Official Journal of the European Union


C 399/20





Judgment of the General Court of 14 November 2012 — Evonik Industries v OHIM — Impulso Industrial Alternativo (Impulso creador)
(Case T-529/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Impulso creador - Earlier figurative Community mark IMPULSO - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2012/C 399/36
Language of the case: English

Parties


Applicant: Evonik Industries AG (Essen, Germany) (represented by: J. Albrecht, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Impulso Industrial Alternativo, SA (Madrid, Spain) (represented by F. Brandolini Kujman and J. Devaureix, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 June 2011 (Case R 1101/2010-2), concerning opposition proceedings between Impulso Industrial Alternativo, SA and Evonik Industries AG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evonik Industries AG to pay the costs.






(1)  OJ C 362, 10.12.2011.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2013 under certain quotas opened by the Union for pigmeat products
Date: 2012-11-14
Institutions: European Commission
Subjects: import (EU), pigmeat, tariff quota








C_2012346EN.01000101.xml










14.11.2012   


EN


Official Journal of the European Union


C 346/1





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2013 under certain quotas opened by the Union for pigmeat products
2012/C 346/01
Commission Regulation (EC) No 442/2009 (1) opened tariff quotas for imports of pigmeat products. The import licence applications lodged during the first seven days of September 2012 for the subperiod 1 October to 31 December 2012 are, for quotas 09.4038, 09.4170 and 09.4204, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2013; they are set out in the Annex to this communication.


(1)  OJ L 129, 28.5.2009, p. 13.

(2)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2013
(in kg)




09.4038


16 768 108




09.4170


2 361 000




09.4204


2 312 000
Case T-493/12: Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)
Date: 2012-11-14
Institutions: General Court
Subjects: Austria, EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2013026EN.01005601.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/56





Action brought on 14 November 2012 — Sanofi v OHIM — GP Pharm (GEPRAL)
(Case T-493/12)
2013/C 26/113
Language in which the application was lodged: English

Parties


Applicant: Sanofi (Paris, France) (represented by: C. Hertz-Eichenrode, lawyer)

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

Other party to the proceedings before the Board of Appeal: GP Pharm, SA (Sant Quinti de Mediona, Spain)

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 5 September 2012 in case R 201/2012-2; 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 ‘GEPRAL’, for goods in class 5 — International Registration No 1010832 designating the European Union

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

Mark or sign cited in opposition: International registration No 418607, with effect in Austria of the word mark ‘DELPRAL’, for goods in class 5

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

Decision of the Board of Appeal: Upheld the appeal and allowed the International registration to proceed in its entirety

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.
Information communicated by Member States regarding closure of fisheries
Date: 2012-11-14
Institutions: European Commission
Subjects: Baltic Sea, EU waters, English Channel, Irish Sea, North Sea, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2012346EN.01000602.xml










14.11.2012   


EN


Official Journal of the European Union


C 346/6





Information communicated by Member States regarding closure of fisheries
2012/C 346/06
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


18.10.2012




Duration


18.10.2012-31.12.2012




Member State


Spain




Stock or group of stocks


ALF/3X14-




Species


Alfonsinos (Beryx spp.)




Zone


EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV




Type(s) of fishing vessels


—




Reference number


FS65DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Prior notification of a concentration (Case COMP/M.6775 — TCP Cable/International Cable Holdings/Kutxabank/Euskaltel)  Text with EEA relevance
Date: 2012-11-14
Institutions: European Commission
Subjects: Basque Country, Spain, bank, economic concentration, investment company, merger control, miscellaneous industries, telecommunications industry








C_2012346EN.01001001.xml










14.11.2012   


EN


Official Journal of the European Union


C 346/10





Prior notification of a concentration
(Case COMP/M.6775 — TCP Cable/International Cable Holdings/Kutxabank/Euskaltel)
(Text with EEA relevance)
2012/C 346/09






1.


On 5 November 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 undertakings TCP Cable, Sàrl (‘Trilantic’, Luxembourg) and International Cable Holdings, Sàrl (‘ICH’, Luxembourg) and Kutxabank, SA (‘Kutxabank’, Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Euskaltel, SA (‘the JV’, Spain) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Trilantic: private equity investments in diversified industry sectors,










—


for ICH: private equity investments in diversified industry sectors,










—


for Kutxabank: retail banking,










—


for the JV: telecommunications services in Spain, specifically in the Basque Country. It offers fixed and mobile telecommunication, Internet and digital television services.














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.6775 — TCP Cable/International Cable Holdings/Kutxabank/Euskaltel, 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’).
Case F-138/12: Action brought on 14 November 2012 — ZZ v Commission
Date: 2012-11-14
Institutions: Civil Service Tribunal
Subjects: EPSO, damages, diploma, indemnification, traineeship








C_2013026EN.01007503.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/75





Action brought on 14 November 2012 — ZZ v Commission
(Case F-138/12)
2013/C 26/157
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Pappas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of EPSO not to include the applicant on the list of persons having passed the final exams of the training course forming part of the certification process and an application for compensation.

Form of order sought







—


Annul the decision of EPSO not to include the applicant on the list of persons having passed the final exams of the training course forming part of the certification process;










—


order the Commission to pay a sum of EUR 10 000 to the applicant as compensation for damage suffered;










—


order the Commission to pay the costs.
Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2013 under certain quotas opened by the Union for poultrymeat, eggs and egg albumin
Date: 2012-11-14
Institutions: European Commission
Subjects: egg, import (EU), poultry, poultrymeat, tariff quota








C_2012346EN.01000201.xml










14.11.2012   


EN


Official Journal of the European Union


C 346/2





Communication from the Commission concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 January to 31 March 2013 under certain quotas opened by the Union for poultrymeat, eggs and egg albumin
2012/C 346/02
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2) and (EC) No 539/2007 (3) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of September 2012 for the subperiod 1 October to 31 December 2012 are, for quotas 09.4068, 09.4070, 09.4169, 09.4015 and 09.4402, for quantities smaller than those available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (4), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 January to 31 March 2013; they are set out in the Annex to this communication.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 January to 31 March 2013
(in kg)




09.4068


484 554




09.4070


576 500




09.4169


8 255 500




09.4015


67 500 000




09.4402


5 848 176
Case T-403/12 R: Order of the President of the General Court of 14 November 2012 — Intrasoft v Commission (Interim measures — Public contracts — Procurement procedure — Rejection of a bid — Application for a stay of execution — Lack of urgency)
Date: 2012-11-14
Institutions: General Court
Subjects: Serbia, administrative contract, customs, invitation to tender, technical cooperation








C_2013009EN.01003801.xml










12.1.2013   


EN


Official Journal of the European Union


C 9/38





Order of the President of the General Court of 14 November 2012 — Intrasoft v Commission
(Case T-403/12 R)
(Interim measures - Public contracts - Procurement procedure - Rejection of a bid - Application for a stay of execution - Lack of urgency)
2013/C 9/69
Language of the case: English

Parties


Applicant: Intrasoft International SA (Luxembourg, Luxembourg) (represented by: S. Pappas, lawyer)

Defendant: European Commission (represented by: F. Erlbacher and E. Georgieva, acting as Agents)

Re:

Application for a stay of execution, first, of the decision of the Delegation of the European Union to the Republic of Serbia of 10 August 2012 rejecting the tender submitted by the applicant in the tendering procedure EuropeAid/131367/C/SER/RS concerning technical assistance to the customs administration of Serbia to support the modernisation of the customs system (OJ 2011/S 160-262712), and, secondly, of the decision of the Delegation of the European Union to the Republic of Serbia of 12 September 2012 informing the applicant that the evaluation committee had recommended that the contract be awarded to another tenderer.

Operative part of the order







1.


The application for interim measures is rejected.










2.


The costs are reserved.
Commission Implementing Regulation (EU) No 1096/2012 of 14 November 2012 entering a name in the register of protected designations of origin and protected geographical indications (Aischgründer Karpfen (PGI))
Date: 2012-11-14
Institutions: European Commission
Subjects: Germany, designation of origin, freshwater fish, product designation








L_2012326EN.01000101.xml










24.11.2012   


EN


Official Journal of the European Union


L 326/1








            COMMISSION IMPLEMENTING REGULATION (EU) No 1096/2012
of 14 November 2012
         
entering a name in the register of protected designations of origin and protected geographical indications (Aischgründer Karpfen (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 ‘Aischgründer Karpfen’ 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, 14 November 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 64, 3.3.2012, p. 16.




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
Aischgründer Karpfen (PGI)
Prior notification of a concentration (Case COMP/M.6759 — LBO France Gestion/Blue Holding Luxembourg) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-11-14
Institutions: European Commission
Subjects: Central and Eastern Europe, economic concentration, investment company, merger control, printer








C_2012346EN.01001101.xml










14.11.2012   


EN


Official Journal of the European Union


C 346/11





Prior notification of a concentration
(Case COMP/M.6759 — LBO France Gestion/Blue Holding Luxembourg)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 346/10






1.


On 6 November 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 LBO France Gestion (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of Euro Druckservice Group, ultimately controlled by the undertaking Blue Holding Luxembourg Sàrl BHL (‘Blue Holding’, Luxembourg), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for LBO France Gestion: private equity investment,










—


for Euro Druckservice Group: provider of printing solutions and related services in Central and Eastern Europe.














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.6759 — LBO France Gestion/Blue Holding Luxembourg, 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’).
Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances’ COM(2012) 416 final — 2012/0202 (COD)
Date: 2012-11-14
Institutions: European Economic and Social Committee
Subjects: greenhouse gas, intra-EU trade, marketing standard, tradeable emission permit








C_2013011EN.01008701.xml










15.1.2013   


EN


Official Journal of the European Union


C 11/87





Opinion of the European Economic and Social Committee on the ‘Proposal for a Decision of the European Parliament and of the Council amending Directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances’
COM(2012) 416 final — 2012/0202 (COD)
2013/C 11/23
On 11 September 2012, the European Parliament and the Council decided to consult the European Economic and Social Committee, under Article 192(1) of the Treaty on the Functioning of the European Union, on the

Proposal for a decision of the European Parliament and of the Council amending directive 2003/87/EC clarifying provisions on the timing of auctions of greenhouse gas allowances

COM(2012) 416 final — 2012/0202 (COD).
Since the Committee endorses the contents of the proposal, it decided, at its 484th plenary session of 14 and 15 November 2012 (meeting of 14 November 2012), by 61 votes to 9 with 4 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 November 2012.


The President of the European Economic and Social Committee

Staffan NILSSON