do-me/EUR-LEX huggingface dataset:
Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman
Date: 2012-11-29
Institutions: European Ombudsman
Subjects: Austria, European Commission, airport, environmental impact, infringement of EU law








C_2012369EN.01000801.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/8





Special report to the European Parliament made in accordance with Article 3(7) of the Statute of the European Ombudsman (1)

2012/C 369/07
The European Ombudsman addressed one special report to the European Parliament in 2012:
Special Report of 14 May 2012 following the European Ombudsman's inquiry into complaint 2591/2010/GG against the European Commission.
The text of the special report is available on the European Ombudsman's website at: http://www.ombudsman.europa.eu
Paper copies can be requested free of charge from the European Ombudsman's office:





1 avenue du Président Robert Schuman




CS 30403




67001 Strasbourg Cedex




FRANCE




Tel. +33 388172313




Fax +33 388179062




E-mail: eo@ombudsman.europa.eu






(1)  Decision 94/262/ECSC, EC, Euratom of the European Parliament of 9 March 1994 on the regulations and general conditions governing the performance of the Ombudsman's duties, OJ L 113, 4.5.1994, p. 15.
Explanatory Notes to the Combined Nomenclature of the European Union
Date: 2012-11-29
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, data processing, telecommunications equipment








C_2012369EN.01000701.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/7





Explanatory Notes to the Combined Nomenclature of the European Union
2012/C 369/06
Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are amended as follows:

On page 335:







8504 40 30



Of a kind used with telecommunication apparatus, automatic data-processing machines and units thereof


The second paragraph is replaced by the following:


‘Static converters for telecommunication apparatus or for automatic data-processing machines and units thereof serve to convert, for example, the alternating current (AC) drawn from the mains supply into the requisite direct current (DC).’







(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 137, 6.5.2011, p. 1.
Case T-590/10: Judgment of the General Court of 29 November 2012 — Thesing and Bloomberg Finance v ECB (Access to documents — Decision 2004/258/EC — Documents concerning the government debt and government deficit of a Member State — Refusal of access — Exception relating to the economic policy of the Union or of a Member State — Partial refusal of access)
Date: 2012-11-29
Institutions: General Court
Subjects: Greece, access to EU information, budget deficit, derogation from EU law, economic policy, public debt








C_2013026EN.01004101.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/41





Judgment of the General Court of 29 November 2012 — Thesing and Bloomberg Finance v ECB
(Case T-590/10) (1)

(Access to documents - Decision 2004/258/EC - Documents concerning the government debt and government deficit of a Member State - Refusal of access - Exception relating to the economic policy of the Union or of a Member State - Partial refusal of access)
2013/C 26/78
Language of the case: English

Parties


Applicants: Gabi Thesing (London, United Kingdom); and Bloomberg Finance LP (Wilmington, Delaware, United States) (represented by: M. Stephens, R. Lands, Solicitors, and T. Pitt-Payne QC)

Defendant: European Central Bank (ECB) (represented initially by A. Sáinz de Vieuña Barroso, M. López Torres and S. Lambrinoc, and subsequently by M. López Torres and S. Lambrinoc, Agents)

Re:

Application for annulment of the decision of the ECB’s Executive Board, which was notified to Ms Thesing by letter of the President of the ECB of 21 October 2010, rejecting an application by Ms Thesing for access to two documents concerning the government deficit and debt of the Hellenic Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Ms Gabi Thesing and Bloomberg Finance LP to bear their own costs and to pay those incurred by the European Central Bank (ECB).






(1)  OJ C 72, 5.3.2011.
Case T-171/11: Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex) (Community trade mark — Application for Community word mark Champflex — Absolute grounds for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 — Lack of distinctiveness — Article 7(1)(b) of Regulation No 207/2009 — Obligation to state reasons — Article 75 of Regulation No 207/2009)
Date: 2012-11-29
Institutions: General Court
Subjects: EU trade mark, medical device, registered trade mark, trade-mark law








C_2013026EN.01004202.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/42





Judgment of the General Court of 29 November 2012 — Hopf v OHIM (Champflex)
(Case T-171/11) (1)

(Community trade mark - Application for Community word mark Champflex - Absolute grounds for refusal - Descriptiveness - Article 7(1)(c) of Regulation (EC) No 207/2009 - Lack of distinctiveness - Article 7(1)(b) of Regulation No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009)
2013/C 26/81
Language of the case: German

Parties


Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by: V. Mensing, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 19 January 2011 (Case R 1514/2010-4) concerning an application for registration of the word mark Champflex as a Community trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 January 2011 (Case R 1514/2010-4) in so far as it concerns the goods ‘syringes’;










2.


Dismisses the action as to the remainder;










3.


Orders Mr Hans-Jürgen Hopf to bear his own costs and to pay half the costs of OHIM, and orders OHIM to bear half of its own costs.






(1)  OJ C 145, 14.5.2011.
Case T-491/07: Judgment of the General Court of 29 November 2012 — CB v Commission (Competition — Decision of an association of undertakings — Market for issuing payment cards in France — Decision finding an infringement of Article 81 EC — Tariff measures applicable to ‘new entrants’ — Membership fees and so-called ‘regulation of customer function’ and ‘sleeper member fee’ mechanisms — Relevant market — Object of the measures at issue — Restriction of competition by object — Article 81(3) EC — Manifest errors of assessment — Principle of sound administration — Proportionality — Legal certainty)
Date: 2012-11-29
Institutions: General Court
Subjects: France, competition, electronic money, fixing of prices, infringement of EU law, inter-company cooperation, principle of legal certainty, principle of proportionality, restriction on competition








C_2013026EN.01003901.xml










26.1.2013   


EN


Official Journal of the European Union


C 26/39





Judgment of the General Court of 29 November 2012 — CB v Commission
(Case T-491/07) (1)

(Competition - Decision of an association of undertakings - Market for issuing payment cards in France - Decision finding an infringement of Article 81 EC - Tariff measures applicable to ‘new entrants’ - Membership fees and so-called ‘regulation of customer function’ and ‘sleeper member fee’ mechanisms - Relevant market - Object of the measures at issue - Restriction of competition by object - Article 81(3) EC - Manifest errors of assessment - Principle of sound administration - Proportionality - Legal certainty)
2013/C 26/73
Language of the case: French

Parties


Applicant: Groupement des cartes bancaires ‘CB’ (Paris, France) (represented by: A. Georges, J. Ruiz Calzado, É. Barbier de la Serre, then J. Ruiz Calzado and F. Pradelles, lawyers)

Defendant: European Commission (represented: initially by F. Arbault, O. Beynet and V. Bottka, then O. Beynet, V. Bottka and B. Mongin, acting as Agents)

Interveners in support of the applicant: BNP Paribas (Paris, France) (represented by: O. de Juvigny and D. Berg, lawyers); BPCE, formerly Caisse nationale des caisses d’épargne et de prévoyance (CNCEP) (Paris) (represented by: B. Bär-Bouyssière and A. de Beaugrenier, lawyers); and Société Générale (Paris) (represented by: A. Barav and D. Reymond, lawyers).

Re:

Application for annulment of Commission Decision C(2007) 5060 final of 17 October 2007 relating to a proceeding under Article 81 EC (Case COMP/D1/38.606 — Groupement des Cartes Bancaires ‘CB’).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Groupement des cartes bancaires ‘CB’ to bear its own costs and to pay those incurred by the European Commission;










3.


Orders BPCE, BNP Paribas and Société Générale to bear their own costs.






(1)  OJ C 64, 8.3.2008.
Annual Report 2011
Date: 2012-11-29
Institutions: European Ombudsman
Subjects: European Ombudsman, exchange of information, interinstitutional relations, operation of the Institutions








C_2012369EN.01000901.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/9





Annual Report 2011
2012/C 369/08
The European Ombudsman has presented his Annual Report for the year 2011 to the European Parliament.
The Annual Report as well as a shorter version are available on the European Ombudsman's website in all 23 official languages at: http://www.ombudsman.europa.eu
Paper copies of these publications can be requested free of charge from the European Ombudsman's office:





1 avenue du Président Robert Schuman




CS 30403




67001 Strasbourg Cedex




FRANCE




Tel. +33 388172313




Fax +33 388179062




E-mail: eo@ombudsman.europa.eu
Case C-647/11 P: Order of the Court of 29 November 2012 — Dimos Peramatos v European Commission (Appeal — Funding granted to a project in the environmental field — ‘LIFE’ — Decision for partial recovery of the amount paid — Determination of the obligations on the recipient — Legitimate expectations — Obligation to state reasons — Errors of law)
Date: 2012-11-29
Institutions: Court of Justice
Subjects: State aid, afforestation, environmental protection, reimbursement of aid








C_2013108EN.01000601.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/6





Order of the Court of 29 November 2012 — Dimos Peramatos v European Commission
(Case C-647/11 P) (1)

(Appeal - Funding granted to a project in the environmental field - ‘LIFE’ - Decision for partial recovery of the amount paid - Determination of the obligations on the recipient - Legitimate expectations - Obligation to state reasons - Errors of law)
2013/C 108/10
Language of the case: Greek

Parties


Appellant: Dimos Peramatos (represented by: G. Gerapetritis, Δικηγόρος)

Other party to the proceedings: European Commission (represented by: M. Condou-Durande and A.-M. Rouchaud-Joët, Agents, assisted by A. Somou, Δικηγόρος)

Re:

Appeal brought against the judgment of the General Court (First Chamber) of 12 October 2011 in Case T-312/07 Dimos Peramatos v Commission dismissing an action for annulment of the Commission decision of 7 December 2005, served on the appellant by bailiff on 17 May 2007, seeking recovery of sums paid in implementation of Commission Decision C/1997/29 final of 17 July 1997 relating to a project falling within the framework of a reforestation programme or, in the alternative, for amendment of the contested decision

Operative part of the order







1.


The appeal is dismissed.










2.


The Dimos Peramatos is ordered to pay the costs.






(1)  OJ C 49, 18.2.2012.
2012/759/EU: Council Decision of 29 November 2012 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO
Date: 2012-11-29
Institutions: Council of the European Union
Subjects: Tajikistan, World Trade Organisation, enlargement of an international organisation








L_2012336EN.01008101.xml










8.12.2012   


EN


Official Journal of the European Union


L 336/81








            COUNCIL DECISION
         
of 29 November 2012
         
establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO
(2012/759/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91, 100(2) and 207(4), in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 29 May 2001 the Government of the Republic of Tajikistan applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.












(2)


A Working Party on the accession of the Republic of Tajikistan was established on 18 July 2001 in order to reach agreement on terms of accession acceptable to the Republic of Tajikistan and all WTO Members.












(3)


The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening commitments on the part of the Republic of Tajikistan which satisfy the Union’s requests.












(4)


These commitments are now embodied in the Protocol of Accession of the Republic of Tajikistan to the WTO.












(5)


Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Republic of Tajikistan.












(6)


The Protocol of Accession should therefore be approved.












(7)


Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the Ministerial Conference of the WTO approves the terms of accession on the WTO side. Article IV.2 of the Agreement establishing the WTO provides that in the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council.












(8)


Accordingly, it is necessary to establish the position to be taken on behalf of the Union within the General Council of the WTO on the accession of Tajikistan to the WTO,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO is to approve the accession.


Article 2
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 29 November 2012.


For the Council


The President

N. SYLIKIOTIS
Non-opposition to a notified concentration (Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG BV)  Text with EEA relevance
Date: 2012-11-29
Institutions: European Commission
Subjects: Africa, France, Netherlands, United Kingdom, economic concentration, electronic component, information technology, merger control, wholesale trade








C_2012369EN.01000502.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/5





Non-opposition to a notified concentration
(Case COMP/M.6713 — Tech Data/Specialist Distribution Group/ETC Metrologie/Best'Ware France/SDG BV)
(Text with EEA relevance)
2012/C 369/04
On 24 October 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 32012M6713. EUR-Lex is the on-line access to the European law.
EFTA Surveillance Authority Decision No 441/12/COL of 29 November 2012 on the designation of new Hearing Officers in certain competition proceedings
Date: 2012-11-29
Institutions: EFTA Surveillance Authority
Subjects: appointment of members, competition law




L_2013190EN.01009201.xml










11.7.2013   


EN


Official Journal of the European Union


L 190/92







EFTA SURVEILLANCE AUTHORITY DECISION
         
No 441/12/COL
of 29 November 2012
         
on the designation of new Hearing Officers in certain competition proceedings


THE EFTA SURVEILLANCE AUTHORITY,

HAVING REGARD to the Rules of Procedures of the EFTA Surveillance Authority, in particular, Article 15 thereof,


HAVING REGARD to Decision No 442/12/COL of the EFTA Surveillance Authority of 29 November 2012 on the function and terms of reference of the Hearing Officers in certain competition proceedings, and in particular its Article 2,

Whereas:

In order to ensure the efficient conduct of competition proceedings and that the rights of parties to be heard is guaranteed in such proceedings, one or more Hearing Officers shall be designated,


The Member of the Authority with special responsibility for competition can decide that the Authority official shall continue to serve as a Hearing Officer in that case after the termination of his or her employment with the Authority,


Where a Hearing Officer is unable to act, his or her role shall be carried out by another Hearing Officer. If no Hearing Officer is able to act, the competent member of the College shall designate another competent Authority official, who is not involved in the case in question, to carry out the Hearing Officer’s duties,

HAS ADOPTED THIS DECISION:



Article 1

Appointment of Hearing Officers


1.   Ms. Clémence Perrin and Ms. Auður Steinarsdóttir, Legal Officers, are appointed Hearing Officers for competition proceedings.


2.   If no Hearing Officer is able to act, the College Member with responsibility for competition is hereby empowered to designate another competent official of the EFTA Surveillance Authority, who is not involved in the case in question, to carry out the Hearing Officer’s duties.



Article 2

Repeal of previous Decisions

Decision No 554/08/COL and Decision No 7/10/COL of the EFTA Surveillance Authority are repealed and the services of former Hearing Officers are terminated.


Article 3

Information

The EFTA States and the European Commission shall be informed by a means of a copy of the Decision.


Article 4

Entry into force

This Decision takes effect on the day of its adoption.




Done at Brussels, 29 November 2012.


For the EFTA Surveillance Authority

Oda Helen SLETNES
            

President

Sverrir Haukur GUNNLAUGSSON
            

College Member
Euro exchange rates
Date: 2012-11-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2012369EN.01000601.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/6





Euro exchange rates (1)

28 November 2012
2012/C 369/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2891




JPY


Japanese yen


105,44




DKK


Danish krone


7,4592




GBP


Pound sterling


0,80687




SEK


Swedish krona


8,6174




CHF


Swiss franc


1,2033




ISK


Iceland króna


 




NOK


Norwegian krone


7,3415




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,265




HUF


Hungarian forint


281,10




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6965




PLN


Polish zloty


4,1076




RON


Romanian leu


4,5156




TRY


Turkish lira


2,3101




AUD


Australian dollar


1,2339




CAD


Canadian dollar


1,2823




HKD


Hong Kong dollar


9,9908




NZD


New Zealand dollar


1,5710




SGD


Singapore dollar


1,5775




KRW


South Korean won


1 403,25




ZAR


South African rand


11,4339




CNY


Chinese yuan renminbi


8,0260




HRK


Croatian kuna


7,5505




IDR


Indonesian rupiah


12 403,25




MYR


Malaysian ringgit


3,9351




PHP


Philippine peso


52,695




RUB


Russian rouble


40,1530




THB


Thai baht


39,614




BRL


Brazilian real


2,6947




MXN


Mexican peso


16,8552




INR


Indian rupee


71,5000






(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
Date: 2012-11-29
Institutions: European Commission
Subjects: France, State aid, competition, control of State aid, industrial development








C_2012369EN.01000401.xml










29.11.2012   


EN


Official Journal of the European Union


C 369/4





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2012/C 369/02







Date of adoption of the decision


6.10.2011




Reference number of State Aid


SA.31192 (N 289/10)




Member State


France




Region


France


Non-assisted areas




Title (and/or name of the beneficiary)


Aide en faveur des entreprises d’élevage piscicole pour l’enlèvement et l’élimination des animaux trouvés morts




Legal basis








—


Articles L. 226-1 à L. 226-8, R. 226-1 à R. 226-3, R. 226-5 à R. 226-8, R. 226-11 à R. 226-13 et R. 228-12 à R. 228-14 du Code rural et de la pêche maritime










—


Décret no 2005-1220 du 28 septembre 2005, pris pour l’application de l’article L. 226-1 du code rural, modifié par le décret no 2009-872 du 16 juillet 2009










—


Projet de circulaire DPMA/SDAEP/C2010








Type of measure


Scheme


—




Objective


Sectoral development




Form of aid


Direct grant




Budget








 


Overall budget: EUR 1,40 million










 


Annual budget: EUR 1,40 million








Intensity


40 %




Duration (period)


3.9.2010-31.12.2013




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Ministère de l'alimentation, de l'agriculture et de la pêche




3 place de Fontenoy




75007 Paris




FRANCE








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