do-me/EUR-LEX huggingface dataset:
Case T-352/09: Judgment of the General Court (Third Chamber) of 12 December 2012 — Novácke chemické závody v Commission (Competition — Agreements, decisions and concerted practices — Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Fines — Obligation to state reasons — Proportionality — Equal treatment — 2006 Guidelines on the method of setting fines — Ability to pay)
Date: 2012-12-12
Institutions: General Court
Subjects: European Economic Area, competition, equal treatment, fine, fixing of prices, gas, infringement of EU law, market-sharing agreement, metallurgical industry, principle of proportionality








C_2013032EN.01001503.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/15





Judgment of the General Court (Third Chamber) of 12 December 2012 — Novácke chemické závody v Commission
(Case T-352/09) (1)

(Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Fines - Obligation to state reasons - Proportionality - Equal treatment - 2006 Guidelines on the method of setting fines - Ability to pay)
2013/C 32/22
Language of the case: English

Parties


Applicant: Novácke chemické závody a.s. (Nováky, Slovakia) (represented initially by: A. Černejová, and subsequently by M. Bol’oš and L. Bányaiová, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre, N. von Lingen and A. Tokár, acting as Agents)

Intervener in support of the applicant: Slovak Republic (represented by: B. Ricziová, acting as Agent)

Re:

Application for annulment of Commission Decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), in so far as it concerns the applicant, and, in the alternative, cancellation or a reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Novácke chemické závody a.s. to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Slovak Republic to bear its own costs.






(1)  OJ C 267, 7.11.2009.
P7_TA(2012)0497 European statistical programme 2013-2017 ***I European Parliament legislative resolution of 12 December 2012 on the proposal for a regulation of the European Parliament and of the Council on the European statistical programme 2013-2017 (COM(2011)0928 — C7-0001/2012 — 2011/0459(COD)) P7_TC1-COD(2011)0459 Position of the European Parliament adopted at first reading on 12 December 2012 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council on the European statistical programme 2013-2017
Date: 2012-12-12
Institutions: Committee on Budgets, Committee on Economic and Monetary Affairs, Committee on Employment and Social Affairs, Committee on Regional Development, Committee on Women’s Rights and Gender Equality, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU programme, EU statistics, statistical method








C_2015434EN.01025901.xml










23.12.2015   


EN


Official Journal of the European Union


C 434/259





P7_TA(2012)0497
European statistical programme 2013-2017 ***I
European Parliament legislative resolution of 12 December 2012 on the proposal for a regulation of the European Parliament and of the Council on the European statistical programme 2013-2017 (COM(2011)0928 — C7-0001/2012 — 2011/0459(COD))
(Ordinary legislative procedure: first reading)
(2015/C 434/45)

The European Parliament,






—


having regard to the Commission proposal to Parliament and the Council (COM(2011)0928),










—


having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0001/2012),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the undertaking given by the Council representative by letter of 21 November 2012 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Budgets and the Committee on Employment and Social Affairs (A7-0218/2012),












1.


Adopts its position at first reading hereinafter set out;












2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;












3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.






P7_TC1-COD(2011)0459
Position of the European Parliament adopted at first reading on 12 December 2012 with a view to the adoption of Regulation (EU) No …/2013 of the European Parliament and of the Council on the European statistical programme 2013-2017

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 99/2013.)
Opinion of the European Economic and Social Committee on the ‘Amendment to the Commission proposal COM(2011) 625 final/3 for a Regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy’ COM(2012) 552 final — 2011/0280 (COD)
Date: 2012-12-12
Institutions: European Economic and Social Committee
Subjects: agricultural production, aid to agriculture, common organisation of markets, reform of the CAP, single payment scheme








C_2013044EN.01015901.xml










15.2.2013   


EN


Official Journal of the European Union


C 44/159





Opinion of the European Economic and Social Committee on the ‘Amendment to the Commission proposal COM(2011) 625 final/3 for a Regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy’
COM(2012) 552 final — 2011/0280 (COD)
2013/C 44/30
On 22 October and 24 October 2012, the European Parliament and the Council respectively decided to consult the European Economic and Social Committee, under Article 304 of the Treaty on the Functioning of the European Union, on the

Amendment to the Commission proposal COM(2011) 625 final/3 for a Regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy

COM(2012) 552 final - 2011/0280 (COD).
Since the Committee endorses the contents of the proposal, it decided at its 485th plenary session of 12 and 13 December 2012 (meeting of 12 December 2012), by 127 votes to 2 with 2 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 12 December 2012.


The President of the European Economic and Social Committee

Staffan NILSSON
Euro exchange rates
Date: 2012-12-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2012382EN.01000801.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/8





Euro exchange rates (1)

11 December 2012
2012/C 382/07

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2993




JPY


Japanese yen


107,11




DKK


Danish krone


7,4593




GBP


Pound sterling


0,80740




SEK


Swedish krona


8,6449




CHF


Swiss franc


1,2115




ISK


Iceland króna


 




NOK


Norwegian krone


7,3375




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,290




HUF


Hungarian forint


282,14




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,0921




RON


Romanian leu


4,5443




TRY


Turkish lira


2,3173




AUD


Australian dollar


1,2381




CAD


Canadian dollar


1,2820




HKD


Hong Kong dollar


10,0697




NZD


New Zealand dollar


1,5515




SGD


Singapore dollar


1,5868




KRW


South Korean won


1 397,72




ZAR


South African rand


11,2800




CNY


Chinese yuan renminbi


8,1157




HRK


Croatian kuna


7,5245




IDR


Indonesian rupiah


12 519,24




MYR


Malaysian ringgit


3,9720




PHP


Philippine peso


53,091




RUB


Russian rouble


39,8650




THB


Thai baht


39,785




BRL


Brazilian real


2,6951




MXN


Mexican peso


16,6090




INR


Indian rupee


70,5130






(1)  Source: reference exchange rate published by the ECB.
Case T-332/09: Judgment of the General Court of (Third Chamber) of 12 December 2012 — Electrabel v Commission (Competition — Concentrations — Decision imposing a fine for having put a concentration into effect — Obligation not to put the concentration into effect — Obligation to state the reasons on which the decision is based — Error of assessment — Limitation period — Amount of the fine)
Date: 2012-12-12
Institutions: General Court
Subjects: competition, economic concentration, fine








C_2013032EN.01001502.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/15





Judgment of the General Court of (Third Chamber) of 12 December 2012 — Electrabel v Commission
(Case T-332/09) (1)

(Competition - Concentrations - Decision imposing a fine for having put a concentration into effect - Obligation not to put the concentration into effect - Obligation to state the reasons on which the decision is based - Error of assessment - Limitation period - Amount of the fine)
2013/C 32/21
Language of the case: French

Parties


Applicant: Electrabel (Brussels, Belgium) (represented by: M. Pittie and P. Honoré, lawyers)

Defendant: European Commission (represented by: A. Bouquet and V. Di Bucci, acting as Agents)

Re:

Annulment of Commission Decision C(2009) 4416 final of 10 June 2009, imposing a fine for having implemented a concentration contrary to Article 7(1) of Council Regulation (EEC) No 4064/89 (COMP/M.4994 Electrabel — Compagnie Nationale du Rhône) and, in the alternative, the annulment of or the reduction of the amount of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Electrabel to pay the costs.






(1)  OJ C 267, 7.11.2009.
Case C-583/12: Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 12 December 2012 — Sintax Trading OÜ v Maksu- ja Tolliameti Põhja maksu- ja tollikeskus
Date: 2012-12-12
Institutions: Court of Justice
Subjects: consumer protection, customs regulations, free movement of goods, illicit trade, intellectual property








C_2013055EN.01000501.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/5





Request for a preliminary ruling from the Riigikohus (Estonia) lodged on 12 December 2012 — Sintax Trading OÜ v Maksu- ja Tolliameti Põhja maksu- ja tollikeskus
(Case C-583/12)
2013/C 55/07
Language of the case: Estonian

Referring court

Riigikohus

Parties to the main proceedings


Applicant: Sintax Trading OÜ

Defendant: Maksu- ja Tolliameti Põhja maksu- ja tollikeskus

Third party: OÜ Acerra

Questions referred







1.


May the ‘proceedings … to determine whether an intellectual property right has been infringed’ referred to in Article 13(1) of Regulation No 1383/2003 (1) also be conducted within the customs department or must ‘the authority competent to decide on the case’ dealt with in Chapter III of the regulation be separate from the customs?










2.


Recital 2 in the preamble to Regulation No 1383/2003 mentions as one of the objectives of the regulation the protection of consumers, and according to recital 3 in the preamble a procedure should be set up to enable the customs authorities to enforce as effectively as possible the prohibition of the introduction into the Community customs territory of goods infringing an intellectual property right, without impeding the freedom of legitimate trade in accordance with recital 2 in the preamble to the regulation and recital 1 in the preamble to implementing regulation No 1891/2004. (2) Is it compatible with those objectives if the measures laid down in Article 17 of Regulation No 1383/2003 can be applied only if the right-holder initiates the procedure mentioned in Article 13(1) of the regulation for determination of an infringement of an intellectual property right, or must it also be possible, for the effective pursuit of those objectives, for the customs authorities to initiate the corresponding procedure?






(1)  Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2003 L 196, p. 7).

(2)  Commission Regulation (EC) No 1891/2004 of 21 October 2004 laying down provisions for the implementation of Council Regulation (EC) No 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (OJ 2004 L 328, p. 16).
Case T-541/12: Action brought on 12 December 2012 — Wedi v OHIM — Mehlhose Bauelemente für Dachrand + Fassade (BALCO)
Date: 2012-12-12
Institutions: General Court
Subjects: EU trade mark, building materials, registered trade mark, trade-mark law








C_2013046EN.01002101.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/21





Action brought on 12 December 2012 — Wedi v OHIM — Mehlhose Bauelemente für Dachrand + Fassade (BALCO)
(Case T-541/12)
2013/C 46/37
Language in which the application was lodged: German

Parties


Applicant: Wedi GmbH (Emsdetten, Germany) (represented by: O. Bischof, lawyer)

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

Other party to the proceedings before the Board of Appeal: Mehlhose Bauelemente für Dachrand + Fassade GmbH & Co. KG (Herford, Germany)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 September 2012 in Case R 2255/2011-4;










—


Alternatively, suspend the proceedings in Case R 2255/2011-4 until a final decision has been made on the applicant’s application of 15 November 2012 for a declaration of invalidity of the other party’s Community trade mark No 006095889 Balkogrün; reference No 000007267 C of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘BALCO’ for goods in Class 19 — Community trade mark application No 9 023 771

Proprietor of the mark or sign cited in the opposition proceedings: Mehlhose Bauelemente für Dachrand + Fassade GmbH & Co. KG

Mark or sign cited in opposition: the word marks ‘Balkogrün’, ‘Balkoplan’ and ‘Balkotop’ for goods in Classes 19, 21 and 27

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009
Case F-27/12: Order of the Civil Service Tribunal of 12 December 2012 — Ghigna v Commission
Date: 2012-12-12
Institutions: Civil Service Tribunal
Subjects: EPSO, administrator, competition (EU), damages








C_2013038EN.01003301.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/33





Order of the Civil Service Tribunal of 12 December 2012 — Ghigna v Commission
(Case F-27/12) (1)

2013/C 38/64
Language of the case: Italian
The President of the Third Chamber has ordered that the case be removed from the register.


(1)  OJ C 184, 23.6.2012, p. 22.
Non-opposition to a notified concentration (Case COMP/M.6779 — Barclays/Goldman Sachs/TPG/Gardman)  Text with EEA relevance
Date: 2012-12-12
Institutions: European Commission
Subjects: bird, economic concentration, financial services, horticulture, investment company, merger control








C_2012382EN.01000201.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/2





Non-opposition to a notified concentration
(Case COMP/M.6779 — Barclays/Goldman Sachs/TPG/Gardman)
(Text with EEA relevance)
2012/C 382/02
On 5 December 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 32012M6779. EUR-Lex is the on-line access to the European law.
Case F-77/11: Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Van Neyghem v Council (Civil service — Officials — Promotion — Promotion year 2007 — Refusal of promotion — Annulment — Implementing measures — Fresh comparative examination of the merits)
Date: 2012-12-12
Institutions: Civil Service Tribunal
Subjects: European official, admission to examinations, candidate, indemnification, promotion








C_2013038EN.01003102.xml










9.2.2013   


EN


Official Journal of the European Union


C 38/31





Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Van Neyghem v Council
(Case F-77/11) (1)

(Civil service - Officials - Promotion - Promotion year 2007 - Refusal of promotion - Annulment - Implementing measures - Fresh comparative examination of the merits)
2013/C 38/59
Language of the case: French

Parties


Applicant: Kris Van Neyghem (Tienen, Belgium) (represented by: M. Verlando, lawyer)

Defendant: Council of the European Union (represented by: M. Bauer and J. Herrmann, Agents)

Re:

Application to annul the decision adopted in implementation of the judgment in Case F-53/08 rejecting the applicant’s application for promotion to grade AST 7 in promotion year 2007 and the application for compensation for the damage allegedly suffered by the applicant.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the Council of the European Union to bear its own costs and to pay one quarter of those incurred by Mr Van Neyghem;










3.


Orders Mr Van Neyghem to bear three-quarters of his own costs.






(1)  OJ C 340, 19.11.2011, p. 40.
Communication from the Commission — Corresponding values from 1 July 2013 in Croatian kuna of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council  Text with EEA relevance
Date: 2012-12-12
Institutions: European Commission
Subjects: Croatia, economic value, euro, national currency








C_2012382EN.01000101.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/1





COMMUNICATION FROM THE COMMISSION
Corresponding values from 1 July 2013 in Croatian kuna of the thresholds of Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council
(Text with EEA relevance)
2012/C 382/01
From 1 July 2013, the corresponding values in Croatian kuna of the thresholds of Directives 2004/17/EC (1), 2004/18/EC (2) and 2009/81/EC (3) are the following:






Euro


Croatian kuna




80 000


586 280




130 000


952 705




200 000


1 465 700




400 000


2 931 400




1 000 000


7 328 500




5 000 000


36 642 500






(1)  OJ L 134, 30.4.2004, p. 1.

(2)  OJ L 134, 30.4.2004, p. 114.

(3)  OJ L 216, 20.8.2009, p. 76.
Case T-35/12: Order of the General Court of 12 December 2012 — Icelandic Group UK v Commission
Date: 2012-12-12
Institutions: General Court
Subjects: customs drawback, infringement of EU law, rights of the defence








C_2013032EN.01002605.xml










2.2.2013   


EN


Official Journal of the European Union


C 32/26





Order of the General Court of 12 December 2012 — Icelandic Group UK v Commission
(Case T-35/12) (1)

2013/C 32/45
Language of the case: English
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 73, 10.3.2012.
Non-opposition to a notified concentration (Case COMP/M.6770 — American Securities/Metaldyne)  Text with EEA relevance
Date: 2012-12-12
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, metal product, motor vehicle industry








C_2012382EN.01000202.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/2





Non-opposition to a notified concentration
(Case COMP/M.6770 — American Securities/Metaldyne)
(Text with EEA relevance)
2012/C 382/03
On 5 December 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 32012M6770. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.6759 — LBO France Gestion/Blue Holding Luxembourg)  Text with EEA relevance
Date: 2012-12-12
Institutions: European Commission
Subjects: Central and Eastern Europe, economic concentration, investment company, merger control, printer








C_2012382EN.01000601.xml










12.12.2012   


EN


Official Journal of the European Union


C 382/6





Non-opposition to a notified concentration
(Case COMP/M.6759 — LBO France Gestion/Blue Holding Luxembourg)
(Text with EEA relevance)
2012/C 382/05
On 6 December 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 32012M6759. EUR-Lex is the on-line access to the European law.