do-me/EUR-LEX huggingface dataset:
Case C-532/12: Action brought on 23 November 2012 — European Commission v Grand Duchy of Luxembourg
Date: 2012-11-23
Institutions: Court of Justice
Subjects: Luxembourg, award of contract, common security and defence policy, infringement of EU law, national implementing measure, periodic penalty payment, services contract, supplies contract, works contract








C_2013026EN.01003701.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/37





Action brought on 23 November 2012 — European Commission v Grand Duchy of Luxembourg
(Case C-532/12)
2013/C 26/70
Language of the case: French

Parties


Applicant: European Commission (represented by: P. Hetsch, O. Beynet, A. Tokár, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought







—


Declare that, by not having adopted the laws, regulations and administrative provisions necessary to transpose Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (1) or, in any event, by not having notified those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 72(1) of that directive;










—


impose on the Grand Duchy of Luxembourg, in accordance with Article 260(3) TFEU, a penalty payment of EUR 8 320 per day from the date of delivery of the judgment in this case;










—


order the Grand Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

The period prescribed for transposition of Directive 2009/81/EC expired on 21 August 2011.


(1)  OJ L 216, 20.8.2009, p. 76.
Notice concerning a request under Article 30 of Directive 2004/17/EC: extension of deadline — Request from a contracting entity
Date: 2012-11-23
Institutions: European Commission
Subjects: Hungary, award of contract, competition, market access, postal service








C_2012363EN.01001501.xml










23.11.2012   


EN


Official Journal of the European Union


C 363/15





Notice concerning a request under Article 30 of Directive 2004/17/EC: extension of deadline
Request from a contracting entity
2012/C 363/07
On 3 October 2012, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1).
The request, from Magyar Posta, concerns domestic parcel logistic services carried out in Hungary. The request was the subject of a notice published on page 14 of OJ C 313 on 17 October 2012. The initial deadline was 4 January 2013.
Given that the Commission needs to obtain and analyse additional information, and in accordance with the second sentence of Article 30(6), the period granted to the Commission for deciding on this request is hereby extended by three months.
The final deadline is now 4 April 2013.


(1)  OJ L 134, 30.4.2004, p. 1.
Euro exchange rates
Date: 2012-11-23
Institutions: European Commission
Subjects: euro, exchange rate








C_2012363EN.01000501.xml










23.11.2012   


EN


Official Journal of the European Union


C 363/5





Euro exchange rates (1)

22 November 2012
2012/C 363/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2893




JPY


Japanese yen


106,42




DKK


Danish krone


7,4577




GBP


Pound sterling


0,80770




SEK


Swedish krona


8,6065




CHF


Swiss franc


1,2045




ISK


Iceland króna


 




NOK


Norwegian krone


7,3250




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,422




HUF


Hungarian forint


279,06




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6962




PLN


Polish zloty


4,1092




RON


Romanian leu


4,5323




TRY


Turkish lira


2,3194




AUD


Australian dollar


1,2420




CAD


Canadian dollar


1,2841




HKD


Hong Kong dollar


9,9934




NZD


New Zealand dollar


1,5809




SGD


Singapore dollar


1,5795




KRW


South Korean won


1 399,76




ZAR


South African rand


11,5363




CNY


Chinese yuan renminbi


8,0349




HRK


Croatian kuna


7,5535




IDR


Indonesian rupiah


12 423,85




MYR


Malaysian ringgit


3,9465




PHP


Philippine peso


53,012




RUB


Russian rouble


40,1520




THB


Thai baht


39,582




BRL


Brazilian real


2,6959




MXN


Mexican peso


16,7523




INR


Indian rupee


71,0958






(1)  Source: reference exchange rate published by the ECB.
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2012-11-23
Institutions: European Commission
Subjects: Denmark, State aid, competition, control of State aid, environmental protection, sugar








C_2012363EN.01000101.xml










23.11.2012   


EN


Official Journal of the European Union


C 363/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2012/C 363/01







Date of adoption of the decision


31.7.2012




Reference number of State Aid


SA.33508 (11/N)




Member State


Denmark




Region


—


—




Title (and/or name of the beneficiary)


Godtgørelse af spildevandsafgift/sukkerproduktion




Legal basis


Bekendtgørelse af lov om afgift af spildevand, lovbekendtgørelse nr. 636 af 21. august 1998.
§ 6 i Lov om ændring af momsloven og forskellige andre love (i spildevandsafgiftslovens § 11, stk. 1, ændres »97 pct.« til: »80 pct.«), lov nr. 524 af 17. juni 2008.
§ 1 i Lov om ændring af lov om afgift af spildevand og forskellige andre love (forhøjelse af spildevandsafgiften mv.), lov nr. 522 af 12. juni 2009.




Type of measure


Scheme


Nordic Sugar A/S




Objective


Environmental protection




Form of aid


Tax rate reduction




Budget








 


Overall budget: DKK 17 million










 


Annual budget: DKK 1,70 million








Intensity


80 %




Duration (period)


Until 31.12.2021




Economic sectors


Manufacture of sugar




Name and address of the granting authority







SKAT




Østbanegade 123




2860




DANMARK








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm
Case C-534/12 P: Appeal brought on 23 November 2012 by Luigi Marcuccio against the order of the General Court (Third Chamber) delivered on 11 September 2012 in Case T-241/03 REV Marcuccio v Commission
Date: 2012-11-23
Institutions: Court of Justice
Subjects: infringement of EU law, judicial investigation, jurisdiction








C_2013071EN.01000501.xml










9.3.2013   


EN


Official Journal of the European Union


C 71/5





Appeal brought on 23 November 2012 by Luigi Marcuccio against the order of the General Court (Third Chamber) delivered on 11 September 2012 in Case T-241/03 REV Marcuccio v Commission
(Case C-534/12 P)
2013/C 71/08
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought







—


Set aside in its entirety the order of the General Court of the European Union of 11 September 2012 in Case T-241/03 REV.






(a)


Declare to be admissible the application lodged by the appellant on 27 December 2011 for revision of the order of the First Chamber of the General Court of 17 May 2006 in the proceedings already decided by the General Court in Case T-241/03, the application of 27 December 2011 having initiated the proceedings at first instance and, as a consequence, order that the case be proceeded with as a matter of law, and










(b)


order the respondent to reimburse the appellant in respect of the costs incurred by him in connection with the present proceedings; or














—


in the alternative, refer the case back to the General Court so that it may give a fresh ruling on the admissibility of the application of 27 December 2011 and, subsequently, if appropriate, proceed with the case.





Pleas in law and main arguments







1.



Errores in procedendo, affecting the appellant’s interests, inherent in the serious errores in iudicando, including, inter alia: (a) total failure to investigate adequately and to state reasons in the order under appeal; (b) breach of essential procedural requirements; (c) breach of the principle of mandatory jurisdiction on the part of the proper court specified by law to hear a case; (d) breach of the first subparagraph of Article 64(4) of the Rules of Procedure of the General Court, of Article 127(1) and (2) of those rules and, lastly, of the procedural right by which the appellant is vested with authority to propose to the Court, at any time, a measure of organisation of procedure relating to the case.










2.


Breach of the first and second subparagraphs of Article 44 of the Statute of the Court of Justice of the European Union.










3.


Breach of a principle of law contained in a judgment of the EU judicature, namely the judgment delivered by the Court of Justice of the European Union on 13 October 1977 in Case C-56/75 REV Elz v EC.










4.


Total failure to investigate adequately and to state reasons in the order under appeal, on the grounds, inter alia, of distortion and misapplication of the facts and the appellant’s assertions.
Case F-122/11: Order of the Civil Service Tribunal (Second Chamber) of 23 November 2012 — Vacarescu v Commission (Civil service — Lateness — Manifest inadmissibility)
Date: 2012-11-23
Institutions: Civil Service Tribunal
Subjects: European civil service, indemnification, rights of civil servants








C_2013046EN.01003103.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/31





Order of the Civil Service Tribunal (Second Chamber) of 23 November 2012 — Vacarescu v Commission
(Case F-122/11)
(Civil service - Lateness - Manifest inadmissibility)
2013/C 46/62
Language of the case: English

Parties


Applicant: Dragos-Lucian Vacarescu (Brussels, Belgium) (represented by: R.-C. Radu, lawyer)

Defendant: European Commission

Re:

Civil service — Application for annulment of the decision of the European Commission of 18 April 2011 by which he was refused the payment of the daily allowance provided for in Article 10 of Annex VII to the Staff Regulations of Officials of the European Union

Operative part of the order







1.


The action is dismissed.










2.


Mr Vacarescu shall bear his own costs.
Commission Regulation (EU) No 1122/2012 of 23 November 2012 establishing a prohibition of fishing for blue whiting in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2012-11-23
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01000301.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/3








            COMMISSION REGULATION (EU) No 1122/2012
of 23 November 2012
         
establishing a prohibition of fishing for blue whiting in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal


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, 23 November 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


71/TQ44




Member State


Portugal




Stock


WHB/8C3411




Species


Blue whiting (Micromesistius poutassou)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


11.11.2012
Case T-302/10: Order of the General Court of 23 November 2012 — Crocs v OHIM — Holey Soles Holdings and PHI (Representation of footwear) ( ‘Community trade mark — Invalidity action — Withdrawal of the invalidity action — No need to adjudicate’ )
Date: 2012-11-23
Institutions: General Court
Subjects: EU trade mark, footwear industry, registered trade mark, trade-mark law








C_2013026EN.01004501.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/45





Order of the General Court of 23 November 2012 — Crocs v OHIM — Holey Soles Holdings and PHI (Representation of footwear )
(Case T-302/10) (1)

(Community trade mark - Invalidity action - Withdrawal of the invalidity action - No need to adjudicate)
2013/C 26/87
Language of the case: English

Parties


Applicant: Crocs, Inc. (Niwot, United States of America) (represented by: I.R. Craig, solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, agent)

Other parties to the proceedings before the Board of Appeal of OHIM: Holey Soles Holdings Ltd (Vancouver, Canada; and Partenaire Hospitalier International (La Haie Foissière, France)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 26 March 2010 (Case R 9/2008-3), relating to invalidity proceedings between Holey Shoes Holdings Ltd and Partenaire Hospitalier International and Crocs, Inc.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant shall bear it own costs and those incurred by the defendant.






(1)  OJ C 260, 25.9.2010.
Commission Regulation (EU) No 1121/2012 of 23 November 2012 establishing a prohibition of fishing for bigeye tuna in the Atlantic Ocean by vessels flying the flag of Portugal
Date: 2012-11-23
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01000101.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/1








            COMMISSION REGULATION (EU) No 1121/2012
of 23 November 2012
         
establishing a prohibition of fishing for bigeye tuna in the Atlantic Ocean by vessels flying the flag of Portugal


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, 23 November 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


72/TQ44




Member State


Portugal




Stock


BET/ATLANT




Species


Bigeye tuna (Thunnus obesus)




Zone


Atlantic ocean




Date


11.11.2012
State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the TFEU where the Member State concerned has accepted those measures  Text with EEA relevance
Date: 2012-11-23
Institutions: European Commission
Subjects: Ireland, State aid, competition, control of State aid, insurance, tertiary sector








C_2012363EN.01000301.xml










23.11.2012   


EN


Official Journal of the European Union


C 363/3





State aids — Decisions to propose appropriate measures pursuant to Article 108(1) of the TFEU where the Member State concerned has accepted those measures
(Text with EEA relevance)
2012/C 363/02






Date of adoption of the decision


25.7.2012




Reference number of the aid


SA.18879 (E 6/06)




Member State


Ireland




Region


—




Title (and/or name of the beneficiary)


Unlimited guarantee in favour of the Voluntary Health Insurance Board (the VHI)




Legal basis


Voluntary Health Insurance Act 1957




Type of measure


Individual aid




Objective


Insurance




Form of aid


Guarantee




Budget


—




Intensity


—




Duration (period)


Until 31.12.2013




Economic sectors


Service activities




Name and address of the granting authority







Irish Government




Hawkins Street




Dublin 2




IRELAND




http://www.dohc.ie








Other information


Acceptance by Ireland of the proposal for appropriate measures made by the Commission in accordance with Article 108(1) of the TFEU and Articles 18 and 19 of Regulation (EC) No 659/1999 (1)

The Commission decided to propose appropriate measures to Ireland in relation to the unlimited guarantee in favour of the Voluntary Health Insurance Board (VHI). Ireland gave its explicit and unconditional agreement to the proposed appropriate measures in writing.
Pursuant to Article 19(1) of Regulation (EC) No 659/1999, the Commission hereby takes note of the unconditional and explicit agreement of Ireland to the appropriate measures which it has proposed.




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm


(1)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (now Article 88) of the EC Treaty, OJ L 83, 27.3.1999, p. 1.