do-me/EUR-LEX huggingface dataset:
Case T-560/11: Order of the General Court of 10 December 2012 — Kronofrance and Kronoply v Commission
Date: 2012-12-10
Institutions: General Court
Subjects: Germany, State aid, control of State aid, wood product








C_2013032EN.01002604.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/26





Order of the General Court of 10 December 2012 — Kronofrance and Kronoply v Commission
(Case T-560/11) (1)

2013/C 32/44
Language of the case: German
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 13, 14.1.2012.
Case C-591/12 P: Appeal brought on 10 December 2012 by Bimbo, SA against the judgment of the General Court (Seventh Chamber) delivered on 10 October 2012 in Case T-569/10: Bimbo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2012-12-10
Institutions: Court of Justice
Subjects: EU trade mark, consumer protection, food industry, registered trade mark, trade-mark law








C_2013055EN.01000602.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/6





Appeal brought on 10 December 2012 by Bimbo, SA against the judgment of the General Court (Seventh Chamber) delivered on 10 October 2012 in Case T-569/10: Bimbo, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-591/12 P)
2013/C 55/09
Language of the case: English

Parties


Appellant: Bimbo, SA (represented by: C. Prat, abogado, R. Ciullo, Barrister)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs); Panrico SA

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court (Seventh Chamber) dated 10 October 2012, in Case T-569/10










—


annul the decision of the Fourth Board of Appeal of OHIM dated 7 October 2010 (Case R 838/2009-4), since it infringes Article 8(1)(b) of Regulation No. 207/2009 (1)











—


order the respondent to pay the costs





Pleas in law and main arguments

In support of the appeal, the appellant relies on a single plea in law, alleging infringement of Article 8(1)(b) of Regulation No. 207/2009.
In particular, the appellant submits that the General Court:






(a)


erred in law, in so far as it attributed an independent distinctive role to the element DOUGHNUTS solely based on the finding that it had an alleged average distinctive role and was wholly meaningless to the average Spanish consumer and, as a consequence, did not form a unitary whole or a logical unit with the component BIMBO, without explaining the reasons why the average distinctive character of the component DOGHNUTS or the absence of a meaning for it would automatically confer on that component an independent distinctive character in the perception of the relevant public; and










(b)


erred in law, in so far as it based the finding that there was a likelihood of confusion, in essence, on the assumption that the element DOUGHNUTS has an independent distinctive role, without taking into account all the factors specific to the case, in particular, the fact that the first component of the composite trade mark was a trade mark with a reputation. In other words, the General Court interpreted the Medion doctrine as implying that a finding of an independent distinctive role in one of the components of a composite sign renders it unnecessary, in the overall assessment of the likelihood of confusion, to analyse all or some the other factors specific to the case, contrary to the doctrine of the overall assessment of the likelihood of confusion.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark
OJ L 78, p. 1
Case C-577/12: Request for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Wien (Austria), lodged on 10 December 2012 — Michaela Hopfgartner
Date: 2012-12-10
Institutions: Court of Justice
Subjects: Austria, EU law - national law, family benefit, freedom to provide services, interpretation of the law








C_2013079EN.01000601.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/6





Request for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Wien (Austria), lodged on 10 December 2012 — Michaela Hopfgartner
(Case C-577/12)
2013/C 79/10
Language of the case: German

Referring court

Unabhängiger Finanzsenat, Außenstelle Wien

Parties to the main proceedings


Applicant: Michaela Hopfgartner

Defendant authority: Finanzamt Wien

Question referred

Does European Union law, in particular the provisions on the freedom to provide services (Article 56 et seq. TFEU), preclude a rule of national law under which an extension of the right to family allowance exists only if — along with other preconditions — the place in which voluntary practical help is provided is situated within national territory?
Case T-210/12: Order of the General Court of 10 December 2012 — Viasat Broadcasting UK v Commission
Date: 2012-12-10
Institutions: General Court
Subjects: Denmark, State aid, aid for restructuring, company in difficulties, means of communication








C_2013032EN.01002702.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/27





Order of the General Court of 10 December 2012 — Viasat Broadcasting UK v Commission
(Case T-210/12) (1)

2013/C 32/48
Language of the case: English
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 209, 14.7.2012.
2012/832/EU: Decision of the European Central Bank of 10 December 2012 amending Decision ECB/2010/21 on the annual accounts of the European Central Bank (ECB/2012/30)
Date: 2012-12-10
Institutions: European Central Bank
Subjects: European Central Bank, account, standardised accounting system




L_2012356EN.01009301.xml










22.12.2012   


EN


Official Journal of the European Union


L 356/93








            DECISION OF THE EUROPEAN CENTRAL BANK
         
of 10 December 2012
         
amending Decision ECB/2010/21 on the annual accounts of the European Central Bank
(ECB/2012/30)
(2012/832/EU)


THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 26.2 thereof,

Whereas:







(1)


Decision ECB/2010/21 of 11 November 2010 on the annual accounts of the European Central Bank (1) lays down the rules for drawing up the annual accounts of the European Central Bank (ECB).












(2)


Article 3 of Decision ECB/2010/21 specifies that the basic accounting assumptions defined in Article 3 of Guideline ECB/2010/20 of 11 November 2010 on the legal framework for accounting and financial reporting in the European System of Central Banks (2) also apply for the purposes of Decision ECB/2010/21. This applies, inter alia, to Article 3(c) of Guideline ECB/2010/20 in relation to post-balance sheet events, which provides that assets and liabilities are adjusted for events that occur between the annual balance sheet date and the date on which the financial statements are approved by the relevant bodies if they affect the condition of assets or liabilities at the balance sheet date.












(3)


It needs to be clarified for the ECB’s annual accounts that post-balance sheet events should only be taken into account until the date when the financial statements are authorised for issue, i.e. the date on which the Executive Board authorises the submission of the ECB’s annual accounts to the Governing Council for approval.












(4)


Decision ECB/2010/21 should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1

Amendment

Article 3 of Decision ECB/2010/21 is replaced by the following:

‘Article 3
Basic accounting assumptions
The basic accounting assumptions defined in Article 3 of Guideline ECB/2010/20 shall also apply for the purposes of this Decision. In derogation from the first sentence of Article 3(c) of Guideline ECB/2010/20, post-balance sheet events shall only be taken into account until the date on which the Executive Board authorises the submission of the ECB’s annual accounts to the Governing Council for approval.’.



Article 2

Entry into force

This Decision shall enter into force on 31 December 2012.




Done at Frankfurt am Main, 10 December 2012.


The President of the ECB

Mario DRAGHI
            





(1)  
            OJ L 35, 9.2.2011, p. 1.

(2)  
            OJ L 35, 9.2.2011, p. 31.
Case C-618/12: Request for a preliminary ruling from the Cour administrative d’appel de Paris (France) lodged on 10 December 2012 — Reggiani SpA Illuminazione v Ministre de l’Économie et des Finances
Date: 2012-12-10
Institutions: Court of Justice
Subjects: France, interpretation of the law, personal property, right of establishment, tax rebate








C_2013101EN.01000901.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/9





Request for a preliminary ruling from the Cour administrative d’appel de Paris (France) lodged on 10 December 2012 — Reggiani SpA Illuminazione v Ministre de l’Économie et des Finances
(Case C-618/12)
2013/C 101/19
Language of the case: French

Referring court

Cour administrative d’appel de Paris

Parties to the main proceedings


Applicant: Reggiani SpA Illuminazione

Defendant: Ministre de l’Économie et des Finances

Question referred

Does Article 2 of [the] Directive [79/1072/EEC of 6 December 1979] (1) infringe freedom of establishment in that it limits entitlement to a refund to just moveable property?


(1)  Eighth Council Directive 79/1072/EEC of 6 December 1979 on the harmonisation of the laws of the Member States relating to turnover taxes — Arrangements for the refund of value added tax to taxable persons not established in the territory of the country (OJ 1979 L 331, p. 11).
2012/777/: Council Decision of 10 December 2012 on the signing, on behalf of the European Union, of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes
Date: 2012-12-10
Institutions: Council of the European Union
Subjects: Armenia, EU programme, cooperation agreement (EU), protocol to an agreement, signature of an agreement








L_2012340EN.01002601.xml










13.12.2012   


EN


Official Journal of the European Union


L 340/26








            COUNCIL DECISION
         
of 10 December 2012
         
on the signing, on behalf of the European Union, of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes
(2012/777/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 168, 169 and 172, Article 173(3), and Articles 188 and 192, in conjunction with Article 218(5) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


On 18 June 2007, the Council authorised the Commission to negotiate a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part (1), on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes (‘the Protocol’).












(2)


The negotiations have been concluded.












(3)


The Protocol should be signed on behalf of the Union, subject to its conclusion,





HAS ADOPTED THIS DECISION:



Article 1
The signing, on behalf of the Union, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part, on a Framework Agreement between the European Union and the Republic of Armenia on the general principles for the participation of the Republic of Armenia in Union programmes is hereby authorised, subject to its conclusion (2).


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union.


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 10 December 2012.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 239, 9.9.1999, p. 3.

(2)  The text of the Protocol will be published together with the decision on its conclusion.
Commission Regulation (EU) No 1189/2012 of 10 December 2012 establishing a prohibition of fishing for herring in EU, Norwegian and international waters of I and II by vessels flying the flag of Germany
Date: 2012-12-10
Institutions: European Commission
Subjects: EU waters, Germany, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2012340EN.01002701.xml










13.12.2012   


EN


Official Journal of the European Union


L 340/27








            COMMISSION REGULATION (EU) No 1189/2012
of 10 December 2012
         
establishing a prohibition of fishing for herring in EU, Norwegian and international waters of I and II by vessels flying the flag of Germany


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, 10 December 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


76/TQ44




Member State


Germany




Stock


HER/1/2-




Species


Herring (Clupea harengus)




Zone


EU, Norwegian and international waters of I and II




Date


21.11.2012