do-me/EUR-LEX huggingface dataset:
Case T-516/12: Action brought on 27 November 2012 — Ted-Invest v OHIM — Scandia Down (sensi scandia)
Date: 2012-11-27
Institutions: General Court
Subjects: EU trade mark, household article, registered trade mark, trade-mark law








C_2013032EN.01002001.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/20





Action brought on 27 November 2012 — Ted-Invest v OHIM — Scandia Down (sensi scandia)
(Case T-516/12)
2013/C 32/31
Language in which the application was lodged: English

Parties


Applicant: Ted — Invest EOOD (Plovdiv, Bulgaria) (represented by: A. Ivanova, lawyer)

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

Other party to the proceedings before the Board of Appeal: Scandia Down LLC (Weehawken, United States)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 September 2012 in case R 2247/2011-1, for declaring the trademark as invalid for the goods in classes 20 and 24;










—


Alternatively if the Court does not uphold the whole appeal, to uphold the appeal and to annul the decision of the First Board of Appeal in connection with the goods in class 20.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The figurative mark ‘sensi scandia’, for goods in classes 16, 20 and 24 — Community trade mark registration No 8596975

Proprietor of the Community trade mark: The applicant

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

Grounds for the application for a declaration of invalidity: The request for a declaration of invalidity was based on the grounds laid down in Article 53(1) in conjunction with Article 8(1)(b) of Council Regulation No 207/2009, and was based on the Community trade mark registration No 8173312 of the word mark ‘SCANDIA HOME’, for goods and services in classes 20, 24, 25 and 35

Decision of the Cancellation Division: Declared the contested CTM invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 53(1) in conjunction with Articles 8(2) and 8(1) of Council Regulation No 207/2009.
Case T-215/11: Order of the General Court of 27 November 2012 — ADEDY and Others v Council (Actions for annulment — Decisions addressed to a Member State with a view to remedying a situation of excessive deficit — No direct concern — Inadmissibility)
Date: 2012-11-27
Institutions: General Court
Subjects: Greece, anti-crisis plan, budget deficit, budgetary control, financial situation








C_2013026EN.01004503.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/45





Order of the General Court of 27 November 2012 — ADEDY and Others v Council
(Case T-215/11) (1)

(Actions for annulment - Decisions addressed to a Member State with a view to remedying a situation of excessive deficit - No direct concern - Inadmissibility)
2013/C 26/89
Language of the case: Greek

Parties


Applicants: Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY), (Athens, Greece); Spyridon Papaspyros (Athens); and Ilias Iliopoulos (Athens) (represented by: M.-M. Tsipra, lawyer)

Defendant: Council of the European Union (represented by: G. Maganza, M. Vitsentzatos and A. de Gregorio Merino, acting as Agents)

Intervening party in support of the defendant: European Commission (represented by: B. Smulders, J. P. Keppenne and M. Konstantinidis, acting as Agents)

Re:

Annulment of Council Decision 2011/57/EU of 20 December 2010 amending Decision 2010/320/EU (OJ 2010 L 145, p. 6) addressed to Greece with a view to reinforcing and deepening fiscal surveillance and giving notice to Greece to take measures for the deficit reduction judged necessary to remedy the situation of excessive deficit (OJ 2011 L 26, p. 15)

Operative part of the order







1.


The action is dismissed.










2.


Anotati Dioikisi Enoseon Dimosion Ypallilon (ADEDY), Mr Spyridon Papaspyros and Mr Ilias Iliopoulos shall bear their own costs and pay those incurred by the Council of the European Union.










3.


The European Commission shall bear its own costs.






(1)  OJ C 186, 25.6.2011.
Case T-518/12: Action brought on 27 November 2012 — Spirlea v Commission
Date: 2012-11-27
Institutions: General Court
Subjects: infringement of EU law, medicinal product, testing








C_2013032EN.01002101.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/21





Action brought on 27 November 2012 — Spirlea v Commission
(Case T-518/12)
2013/C 32/33
Language of the case: German

Parties


Applicants: Darius Nicolai Spirlea (Capezzano Pianore, Italy) and Mihaela Spirlea (Capezzano Pianore) (represented by: V. Foerster and T. Pahl, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:






—


accept the present application made on the basis of Article 263 TFEU;










—


declare the action admissible;










—


declare the action to be founded and, accordingly, that the defendant committed significant procedural errors and made other substantive errors of law;










—


on that basis, annul the Commission’s decision of 27 September 2012 to bring an end to EU pilot procedure No 2070/11/SNCO (Ref. Ares [2012] 1135073);










—


order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicants rely on three pleas in law.






1.


First plea in law: setting up an EU pilot procedure without any legal basis (Articles 290 and 291 TFEU)






—


In the context of this plea, the applicants submit that the launching of an EU pilot procedure amounts to an additional procedural requirement to Article 258 TFEU. This procedural requirement — for which the Commission does not have any power or delegated power under the Treaties — has been used contrary to the rule of law and in a non-transparent procedure which, moreover, undermines the procedure for failure to fulfil obligations laid down in Article 258 TFEU.














2.


Second plea in law: infringement of the Commission communication of 20 March 2002 to the European Parliament and the European Ombudsman on relations with the complainant in respect of infringements of Community law. (1)







—


In this regard, the applicants submit that the Commission arbitrarily bypassed its communication on relations with the complainant in respect of infringements of Community law and, without offering any alternative, transferred the applicants’ complaints to the EU pilot procedure, the rules of which are not accessible to the applicants.














3.


Third plea in law: infringement of the duty to state reasons






—


In this context, they complain that the Commission’s grounds do not contain any clarification of the facts in relation to the application of Regulation (EC) No 1394/2007 (2) and do not address the specific legal complaints made by the applicants in connection with EU law.










(1)  OJ 2002 C 244, p. 5.

(2)  Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ 2007 L 324, p. 121).
Euro exchange rates
Date: 2012-11-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2012367EN.01000501.xml










27.11.2012   


EN


Official Journal of the European Union


C 367/5





Euro exchange rates (1)

26 November 2012
2012/C 367/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2964




JPY


Japanese yen


106,47




DKK


Danish krone


7,4580




GBP


Pound sterling


0,80995




SEK


Swedish krona


8,5763




CHF


Swiss franc


1,2046




ISK


Iceland króna


 




NOK


Norwegian krone


7,3370




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,293




HUF


Hungarian forint


281,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6963




PLN


Polish zloty


4,1032




RON


Romanian leu


4,5276




TRY


Turkish lira


2,3270




AUD


Australian dollar


1,2416




CAD


Canadian dollar


1,2884




HKD


Hong Kong dollar


10,0472




NZD


New Zealand dollar


1,5770




SGD


Singapore dollar


1,5851




KRW


South Korean won


1 408,22




ZAR


South African rand


11,5072




CNY


Chinese yuan renminbi


8,0707




HRK


Croatian kuna


7,5625




IDR


Indonesian rupiah


12 472,66




MYR


Malaysian ringgit


3,9605




PHP


Philippine peso


53,146




RUB


Russian rouble


40,2110




THB


Thai baht


39,774




BRL


Brazilian real


2,6932




MXN


Mexican peso


16,8255




INR


Indian rupee


72,1120






(1)  Source: reference exchange rate published by the ECB.
Case C-566/10 P: Judgment of the Court (Grand Chamber) of 27 November 2012 — Italian Republic v European Commission, Republic of Lithuania, Hellenic Republic (Appeal — Rules on languages — Notices of open competitions for the recruitment of administrators and assistants — Publication in full in three official languages — Language of the tests — Choice of the second language among three official languages)
Date: 2012-11-27
Institutions: Court of Justice
Subjects: administrator, assistant, competition (EU), display, information profession, language policy, official language








C_2013026EN.01000301.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/3





Judgment of the Court (Grand Chamber) of 27 November 2012 — Italian Republic v European Commission, Republic of Lithuania, Hellenic Republic
(Case C-566/10 P) (1)

(Appeal - Rules on languages - Notices of open competitions for the recruitment of administrators and assistants - Publication in full in three official languages - Language of the tests - Choice of the second language among three official languages)
2013/C 26/04
Language of the case: Italian

Parties


Appellant: Italian Republic (represented by: G. Palmieri, Agent, P. Gentili, avvocato dello Stato)

Other parties to the proceedings: European Commission (represented by: J. Currall and J. Baquero Cruz, Agents, assisted by A. Dal Ferro, avvocato), Republic of Lithuania, Hellenic Republic (represented by: A. Samoni-Rantou, S. Vodina and G. Papagianni, Agents)

Re:

Appeal against the judgment delivered by the General Court (Sixth Chamber) on 13 September 2010 in Joined Cases T-166/07 and T-285/07 Italy v Commission by which the General Court dismissed an application for annulment of Notices of Open Competition EPSO/AD/94/07 (OJ 2007 C 45 A, p. 3), EPSO/AST/37/07 (OJ 2007 C 45 A, p. 15) and EPSO/AD/95/07 (OJ 2007 C 103 A, p. 7)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 13 September 2010 in Joined Cases T-166/07 and T-285/07;










2.


Annuls the notices of open competitions EPSO/AD/94/07 to constitute a reserve pool of Administrators (AD 5) in the field of information, communication and the media, EPSO/AST/37/07 to constitute a reserve pool of Assistants (AST 3) in the field of communication and information and EPSO/AD/95/07 to constitute a reserve pool of Administrators (AD 5) in the field of information science (library/documentation);










3.


Orders the European Commission to pay the costs of the Italian Republic and to bear its own costs in both sets of proceedings;










4.


Orders the Hellenic Republic and the Republic of Lithuania to bear their own costs.






(1)  OJ C 63, 26.02.2011.
Case C-545/12: Action brought on 27 November 2012 — European Commission v Republic of Cyprus
Date: 2012-11-27
Institutions: Court of Justice
Subjects: Cyprus, driving licence, infringement of EU law, national implementing measure, periodic penalty payment








C_2013032EN.01000801.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/8





Action brought on 27 November 2012 — European Commission v Republic of Cyprus
(Case C-545/12)
2013/C 32/11
Language of the case: Greek

Parties


Applicant: European Commission (represented by: P. Hetsch, J. Hottiaux and Μ. Constantinidis, Agents)

Defendant: Republic of Cyprus

Form of order sought

The applicant claims that the Court should:






—


Declare that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast) (OJ 2006 L 403 p. 18) and, in any event, by not communicating to the Commission the text of those provisions, the Republic of Cyprus failed to fulfil its obligations under Article 16 of that directive;










—


impose on the Republic of Cyprus, pursuant to Article 260(3) TFEU, payment of a daily penalty payment amounting to EUR 6 504,96 from the date of publication of the judgment of the Court;










—


order the Republic of Cyprus to pay the costs.





Pleas in law and main arguments

Article 16(1) of Directive 2006/126/EC obliges the Member States to adopt and publish, no later than 19 January 2011, the laws, regulations and administrative provisions necessary to comply with the new provisions which the directive concerned introduces and specifies.
The Republic of Cyprus has not fully transposed into domestic law the provisions of the directive. In particular, the Commission has ascertained that, at the date of lodging of the action, the Republic of Cyprus had not transposed into its domestic law Articles 1(1), 3, 7(1), 7(3), 7(5), 10 and 15 or Annex Ι, point 2, Annex ΙΙ, point 5.2 or Annexes IV, V and VI of the directive.
Consequently, the Commission considers that the Republic of Cyprus failed to fulfil its obligations under Article 260(3) TFEU.
Commission Regulation (EU) No 1131/2012 of 27 November 2012 establishing a prohibition of fishing for ling in area IIIa; EU waters of IIIbcd by vessels flying the flag of Denmark
Date: 2012-11-27
Institutions: European Commission
Subjects: Atlantic Ocean, Denmark, EU waters, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01002101.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/21








            COMMISSION REGULATION (EU) No 1131/2012
of 27 November 2012
         
establishing a prohibition of fishing for ling in area IIIa; EU waters of IIIbcd by vessels flying the flag of Denmark


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 43/2012 of 17 January 2012 fixing for 2012 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not 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, 27 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. 1.




ANNEX






No


74/TQ43




Member State


Denmark




Stock


Ling (molva molva)




Species


LIN/3A/BCD




Zone


IIIa; EU waters of IIIbcd




Date


9.11.2012
Council Decision of 27 November 2012 renewing the Governing Board of the European Centre for the Development of Vocational Training
Date: 2012-11-27
Institutions: Council of the European Union
Subjects: Cedefop, appointment of members, board of directors








C_2012382EN.01000701.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/7





COUNCIL DECISION
of 27 November 2012
renewing the Governing Board of the European Centre for the Development of Vocational Training
2012/C 382/06
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the three nominees submitted to the Council by the Commission as regards the employers' representatives,
Whereas:






(1)


By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015. However, this Decision did not include all of the members to be appointed,




HAS DECIDED AS FOLLOWS:
Article 1
The following persons are hereby appointed members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2015:

REPRESENTATIVES OF THE EMPLOYERS’ ORGANISATIONS







Portugal


Ms Ana Maria SANTOS GOUVEIA LOPES




Slovakia


Mr Martin HOSTAK




United Kingdom


Ms Kate LING




Article 2
This Decision shall be published, for information, in the Official Journal of the European Union.


Done at Brussels, 27 November 2012.


For the Council


The President

G. DEMOSTHENOUS




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 228, 31.7.2012, p. 3.
Case C-627/11: Order of the Court (Ninth Chamber) of 27 November 2012 (request for a preliminary ruling from the Inalta Curte de Casație și Justiție (Romania)) — SC ‘AUGUSTUS’ Iași SRL v Agenția de Plăți pentru Dezvoltare Rurală și Pescuit (Request for a preliminary ruling — Manifest inadmissibility)
Date: 2012-11-27
Institutions: Court of Justice
Subjects: Romania, State aid, Structural Funds, aid to agriculture, interpretation of the law, pre-accession strategy, reimbursement of aid, rural development








C_2013108EN.01000502.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/5





Order of the Court (Ninth Chamber) of 27 November 2012 (request for a preliminary ruling from the Inalta Curte de Casație și Justiție (Romania)) — SC ‘AUGUSTUS’ Iași SRL v Agenția de Plăți pentru Dezvoltare Rurală și Pescuit
(Case C-627/11) (1)

(Request for a preliminary ruling - Manifest inadmissibility)
2013/C 108/09
Language of the case: Romanian

Referring court

Inalta Curte de Casație și Justiție

Parties to the main proceedings


Applicant: SC ‘AUGUSTUS’ Iași SRL

Defendant: Agenția de Plăți pentru Dezvoltare Rurală și Pescuit

Re:

Request for a preliminary ruling — Inalta Curte de Casație și Justiție — Interpretation of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period (OJ 1999 L 161, p. 87) and Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1) — Cancellation and recovery, in the event of improper conduct, of Community funding granted under the SAPARD programme — Eligibility of expenditure — Cases of force majeure — Justification — Notions of ‘economic efficiency’ and ‘profitability’

Operative part of the order

The reference for a preliminary ruling made by the Inalta Curte de Casație și Justiție — Secția de contencios administrativ și fiscal (Romania), by decision of 3 November 2011, is manifestly inadmissible.


(1)  OJ C 65, 3.3.2012.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 27 November 2012 regarding a draft decision relating to Case COMP/39.847 — E-BOOKS — Rapporteur: Lithuania
Date: 2012-11-27
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: competition, dominant position, intra-EU trade








C_2013073EN.01001401.xml










13.3.2013   


EN


Official Journal of the European Union


C 73/14





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 27 November 2012 regarding a draft decision relating to Case COMP/39.847 — E-BOOKS
Rapporteur: Lithuania
2013/C 73/05






1.


The Advisory Committee shares the competition concerns raised by the Commission in its draft decision.










2.


The Advisory Committee agrees with the Commission that the behaviour may have effects on trade between Member States.










3.


The Advisory Committee agrees that the commitments offered by Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan address the competition concerns raised by the Commission.










4.


The Advisory Committee agrees that the commitments are adequate.










5.


The Advisory Committee agrees with the duration of the commitments.










6.


The Advisory Committee agrees that the commitments should be made binding in full.










7.


The Advisory Committee agrees that in light of the commitments and without prejudice to Article 9(2) of Regulation (EC) No 1/2003 there are no longer grounds for action by the Commission against Apple, Hachette, Harper Collins, Simon & Schuster and Holtzbrinck/Macmillan as regards the competition concerns identified in the draft decision.










8.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










9.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.