do-me/EUR-LEX huggingface dataset:
Case C-544/12: Action brought on 27 November 2012 — European Commission v Republic of Poland
Date: 2012-11-27
Institutions: Court of Justice
Subjects: Poland, infringement of EU law, national implementing measure, periodic penalty payment








C_2013046EN.01001501.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/15





Action brought on 27 November 2012 — European Commission v Republic of Poland
(Case C-544/12)
2013/C 46/28
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, K. Simonsson and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (1) and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Articles 1, 6(2), 7, 8, 9 and 13 of that directive;










—


impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/12/EC at the daily rate of EUR 75 002,88 from the day on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period for transposing Directive 2009/12/EC expired on 15 March 2011.


(1)  OJ 2009 L 70, p. 11.
Sakharov prize for freedom of thought 2012 : Nasrin Sotoudeh - Jafar Panahi.
Date: 2012-11-27
Institutions: European Parliament
Subjects: European Parliament, cultural prize, dissidence, human rights, political prisoner

EUROPEAN 
PARLIAMENT.
TAKING 
A STAND FOR 
HUMANITY.

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NASRIN SOTOUDEH 
JAFAR PANAHI
SAKHAROV PRIZE
FOR FREEDOM 
OF THOUGHT 2012
Prior notification of a concentration (Case COMP/M.6766 — Migros/Tegut) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-11-27
Institutions: European Commission
Subjects: Germany, Switzerland, economic concentration, food industry, merger control, retail selling








C_2012367EN.01000701.xml










27.11.2012   


EN


Official Journal of the European Union


C 367/7





Prior notification of a concentration
(Case COMP/M.6766 — Migros/Tegut)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 367/05






1.


On 19 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 Genossenschaft Migros Zürich (Switzerland) belonging to the Migros-group acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Okay Handelsgesellschaft mbH & Co. — Tegut… Einzelhandelsunternehmen KG (Germany), Gutberlet GmbH (Germany), TGT GmbH & Co. Logistik KG (Germany) and TGT Verwaltungs- und Beteiligungs GmbH (Germany) (together ‘Tegut retail’) belonging to the Tegut…-group by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Genossenschaft Migros Zürich: food retail in Switzerland. Moreover, the Migros-group is active in production (Food and Near-Food), wholesale, retail (Food, Near-Food and Non-Food), gastronomy, media, tourism and financial services,










—


for Tegut retail: food retail in Germany.














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.6766 — Migros/Tegut, 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’).
Commission Regulation (EU) No 1133/2012 of 27 November 2012 establishing a prohibition of fishing for plaice in area VIII, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2012-11-27
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01002501.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/25








            COMMISSION REGULATION (EU) No 1133/2012
of 27 November 2012
         
establishing a prohibition of fishing for plaice in area VIII, 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 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


73/TQ43




Member State


Portugal




Stock


PLE/8/3411




Species


Plaice (Pleuronectes platessa)





Zone


VIII, IX and X; EU waters of CECAF 34.1.1




Date


11.11.2012
Prior notification of a concentration (Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-11-27
Institutions: European Commission
Subjects: economic concentration, investment company, machine-tool industry, merger control








C_2012367EN.01000601.xml










27.11.2012   


EN


Official Journal of the European Union


C 367/6





Prior notification of a concentration
(Case COMP/M.6755 — Bain Capital Investors/Apex Tool Group)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 367/04






1.


On 19 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 Bain Capital Investors LLC, (‘Bain’, USA) acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of Apex Tool Group LLC (‘Apex’, USA) by way of acquisition of membership interests.










2.


The business activities of the undertakings concerned are:






—


for Bain: private equity investment,










—


for Apex: manufacturing and supply of hand and power tools, chain products, soldering products and specialty products for industrial, commercial and do it yourself applications.














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.6755 — Bain Capital Investors/Apex Tool Group, 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’).
Corrigendum to the Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition ( OJ C 102 A, 5.4.2012 )
Date: 2012-11-27
Institutions: European Commission
Subjects: catalogue, cereals, fodder beet, fodder plant, oleaginous plant, potato, sugar beet, textile plant








C_2012367EN.01001801.xml










27.11.2012   


EN


Official Journal of the European Union


C 367/18





Corrigendum to the Common catalogue of varieties of agricultural plant species — third supplement to the 30th complete edition
(
Official Journal of the European Union C 102 A of 5 April 2012
)
2012/C 367/08
On page 8 (species 17 Festuca rubra L.):
for:







‘Sámur


(del.)’,





read:







‘Sámur


f: 30.6.2014’;





on page 9 (species 20.2 Lolium multiflorum Lam.):
for:







‘Ajax


(del.)’,





read:







‘Ajax


f: 30.6.2014’,





for:







‘Tonic


(del.)’,





read:







‘Tonic


f: 30.6.2014’;





on page 10 (species 25 Phleum pratense L.):
for:







‘Bodin


(del.)’,





read:







‘Bodin


f: 30.6.2014’;





on page 11 (species 42 Pisum sativum L. (partim)):
for:







‘Rif


(del.)’,





read:







‘Rif


f: 30.6.2014’;





on page 14 (species 59 Brassica rapa L. var. silvestris (Lam.) Briggs):
for:







‘Civasto R


(del.)’,





read:







‘Civasto R


f: 30.6.2014’,





for:







‘Vollenda


(del.)’,





read:







‘Vollenda


f: 30.6.2014’;





on page 15 (species 61 Brassica napus L. (partim)):
for:







‘Sigma


(del.)’,





read:







‘Sigma


f: 30.6.2014’;





on page 19 (species 73 Avena sativa L. (including A. byzantina K. Koch.)):
for:







‘Peniarth


(del.)’,





read:







‘Peniarth


f: 30.6.2014’;





on page 20 (species 75.1 Hordeum vulgare L.):
for:







‘Skegla


(del.)’,





read:







‘Skegla


f: 30.6.2013’.
Case T-541/10: 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, budget deficit, budgetary control, economic recovery, financial situation








C_2013026EN.01004502.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-541/10) (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 26/88
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: T. Middleton, A. De Gregorio Merino and E. Chatziioakeimidou, 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:

Application for annulment, firstly, of Council Decision 2010/320/EU of 10 May 2010 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 2010 L 145, p. 6; corrigendum OJ 2011 L 209, p. 63) and, secondly, of Council Decision 2010/486/EU of 7 September 2010 amending Decision 2010/320/EU (OJ 2010 L 241, p. 12).

Operative part of the order







1.


The action is dismissed.










2.


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










3.


Orders the European Commission to bear its own costs.






(1)  OJ C 30, 29.1.2011.
Case T-520/12: Action brought on 27 November 2012 — Pågen Trademark v OHIM (gifflar)
Date: 2012-11-27
Institutions: General Court
Subjects: EU trade mark, beverage industry, food industry, registered trade mark, trade-mark law








C_2013032EN.01002201.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/22





Action brought on 27 November 2012 — Pågen Trademark v OHIM (gifflar)
(Case T-520/12)
2013/C 32/34
Language of the case: Swedish

Parties


Applicant: Pågen Trademark AB (Malmö, Sweden) (represented by J. Norderyd, lawyer)

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

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 September 2012 (1) in Case R 46/2012-2 and declare that Community trade mark No 1 009 0331 GIFFLAR (fig) applied for by Pågen Trademark AB is to be published and registered, or, in the alternative, order OHIM to publish and register the trade mark;










—


Order the defendant to pay the applicant’s costs.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark containing the word element ‘gifflar’ for goods in Classes 29, 30 and 31 — application for registration of Community trade mark No 1 009 0331

Decision of the Examiner: Rejection in part of the application for registration

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law:







—


Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009










—


Infringement of Article 7(3) of Regulation No 207/2009






(1)  Translator’s note: The correct date of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) in Case R 46/2012-2 is 18 September 2012 as stated in the OHIM database.
Commission Regulation (EU) No 1132/2012 of 27 November 2012 establishing a prohibition of fishing for white marlin in the Atlantic Ocean by vessels flying the flag of Portugal
Date: 2012-11-27
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2012331EN.01002301.xml










1.12.2012   


EN


Official Journal of the European Union


L 331/23








            COMMISSION REGULATION (EU) No 1132/2012
of 27 November 2012
         
establishing a prohibition of fishing for white marlin 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, 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, 27.01.2012, p. 55.




ANNEX






No


70/TQ44




Member State


Portugal




Stock


WHM/ATLANT




Species


White marlin (Tetrapturus albidus)




Zone


Atlantic ocean




Date


6.11.2012
Case T-672/11: Order of the General Court of 27 November 2012 — H-Holding AG v Parliament (Action for failure to act — Action for damages — Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
Date: 2012-11-27
Institutions: General Court
Subjects: Czechia, European Anti-fraud Office, infringement of EU law, legal basis








C_2013026EN.01004802.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/48





Order of the General Court of 27 November 2012 — H-Holding AG v Parliament
(Case T-672/11) (1)

(Action for failure to act - Action for damages - Action in part manifestly inadmissible and in part manifestly devoid of any basis in law)
2013/C 26/96
Language of the case: German

Parties


Applicant: H-Holding AG (Cham, Switzerland) (represented by: R. Závodný, lawyer)

Defendant: European Parliament (represented by: U. Rösslein and P. Schonard, Agents)

Re:

Application for a declaration that the Parliament unlawfully failed to commence infringement proceedings against the Czech Republic and to call upon OLAF to open an investigation relating to a Czech political party, following its petition of 24 August 2011, and, secondly, action for compensation for damage suffered as a result of the Parliament’s alleged failure to act.

Operative part of the order







1.


The action is dismissed.










2.


H-Holding AG is ordered to pay the costs.






(1)  OJ C 235, 4.8.2012
Non-opposition to a notified concentration (Case COMP/M.6745 — SNCF/Haselsteiner Familien-Privatstiftung/Augusta Holding/Rail Holding)  Text with EEA relevance
Date: 2012-11-27
Institutions: European Commission
Subjects: Austria, France, economic concentration, investment company, merger control, rail transport, transport company








C_2012367EN.01000401.xml










27.11.2012   


EN


Official Journal of the European Union


C 367/4





Non-opposition to a notified concentration
(Case COMP/M.6745 — SNCF/Haselsteiner Familien-Privatstiftung/Augusta Holding/Rail Holding)
(Text with EEA relevance)
2012/C 367/02
On 19 November 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6745. EUR-Lex is the on-line access to the European law.