do-me/EUR-LEX huggingface dataset:
Case C-445/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision finding an infringement of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Netherlands, administrative procedure, beer, competition, fine, infringement of EU law, price agreement








C_2013046EN.01000902.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/9





Judgment of the Court (Seventh Chamber) of 19 December 2012 — Bavaria NV v European Commission
(Case C-445/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Dutch beer market - Commission decision finding an infringement of Article 81 EC - Fines - Duration of the administrative procedure - Level of the fine)
2013/C 46/16
Language of the case: Dutch

Parties


Appellant: Bavaria NV (represented by: O. Brouwer, P.W. Schepens and N. Al-Ani, advocaten)

Other party to the proceedings: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, acting as Agents, assisted by M. Slotboom, advocat)

Re:

Appeal brought against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-235/07 Bavaria v Commission by which the General Court annulled Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Dutch beer market) in so far as the European Commission found that Bavaria NV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual consumers in the on-trade segment in the Netherlands

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Bavaria NV to pay the costs.






(1)  OJ C 340, 19.11.2011.
Euro exchange rates
Date: 2012-12-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2012392EN.01000901.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/9





Euro exchange rates (1)

18 December 2012
2012/C 392/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3178




JPY


Japanese yen


110,53




DKK


Danish krone


7,4603




GBP


Pound sterling


0,81280




SEK


Swedish krona


8,7378




CHF


Swiss franc


1,2080




ISK


Iceland króna


 




NOK


Norwegian krone


7,3850




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,200




HUF


Hungarian forint


288,40




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6961




PLN


Polish zloty


4,0928




RON


Romanian leu


4,4700




TRY


Turkish lira


2,3476




AUD


Australian dollar


1,2512




CAD


Canadian dollar


1,2972




HKD


Hong Kong dollar


10,2131




NZD


New Zealand dollar


1,5660




SGD


Singapore dollar


1,6053




KRW


South Korean won


1 413,30




ZAR


South African rand


11,2733




CNY


Chinese yuan renminbi


8,2079




HRK


Croatian kuna


7,5380




IDR


Indonesian rupiah


12 707,71




MYR


Malaysian ringgit


4,0236




PHP


Philippine peso


54,068




RUB


Russian rouble


40,6850




THB


Thai baht


40,285




BRL


Brazilian real


2,7595




MXN


Mexican peso


16,7795




INR


Indian rupee


72,2880






(1)  Source: reference exchange rate published by the ECB.
Case C-68/11: Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Environment — Directive 1999/30/EC — Pollution control — Limit values for concentrations of PM 10 in ambient air)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Italy, air quality, environmental protection, infringement of EU law, pollution control








C_2013046EN.01000301.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/3





Judgment of the Court (First Chamber) of 19 December 2012 — European Commission v Italian Republic
(Case C-68/11) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 1999/30/EC - Pollution control - Limit values for concentrations of PM10 in ambient air)
2013/C 46/04
Language of the case: Italian

Parties


Applicant: European Commission (represented by: A. Alcover San Pedro and S. Mortoni, Agents)

Defendant: Italian Republic (represented by: G. Palmieri, Agent, and by S. Varone, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air (OJ 1999 L 163, p. 41; now Article 13 of Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe, OJ 2008 L 152, p. 1) — Limit values for PM10 particles in ambient air exceeded from 2005

Operative part of the judgment

The Court:






1.


Declares that, by having failed to ensure that, for the years 2006 and 2007, concentrations of PM10 in ambient air did not exceed the limit values set in Article 5(1) of Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air in the 55 Italian zones and agglomerations referred to in the European Commission’s letter of formal notice of 2 February 2009, the Italian Republic has failed to fulfil its obligations under that provision;










2.


Dismisses the action as to the remainder;










3.


Orders the European Commission and the Italian Republic to bear their own costs.






(1)  OJ C 145, 14.5.2011.
Non-opposition to a notified concentration (Case COMP/M.6786 — EPH/SPP)  Text with EEA relevance
Date: 2012-12-19
Institutions: European Commission
Subjects: Czechia, Slovakia, economic concentration, electrical energy, gas, heating, merger control








C_2012392EN.01000801.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/8





Non-opposition to a notified concentration
(Case COMP/M.6786 — EPH/SPP)
(Text with EEA relevance)
2012/C 392/02
On 13 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 32012M6786. EUR-Lex is the on-line access to the European law.
Case C-325/11: Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Sąd Rejonowy w Koszalinie — Poland) — Krystyna Alder, Ewald Alder v Sabina Orłowska, Czesław Orłowski (Regulation (EC) No 1393/2007 — Service of documents — Party domiciled in the territory of another Member State — Representative domiciled in national territory — None — Procedural documents placed in the case file — Presumption of knowledge)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: interpretation of the law, judicial proceedings, legal domicile, official document, provision of documents








C_2013046EN.01000701.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/7





Judgment of the Court (First Chamber) of 19 December 2012 (request for a preliminary ruling from the Sąd Rejonowy w Koszalinie — Poland) — Krystyna Alder, Ewald Alder v Sabina Orłowska, Czesław Orłowski
(Case C-325/11) (1)

(Regulation (EC) No 1393/2007 - Service of documents - Party domiciled in the territory of another Member State - Representative domiciled in national territory - None - Procedural documents placed in the case file - Presumption of knowledge)
2013/C 46/12
Language of the case: Polish

Referring court

Sąd Rejonowy w Koszalinie

Parties to the main proceedings


Applicants: Krystyna Alder, Ewald Alder

Defendants: Sabina Orłowska, Czesław Orłowski

Re:

Request for a preliminary ruling — Sąd Rejonowy w Koszalinie (Poland) — Interpretation of Article 18 TFEU and of Article 1(1) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000 (OJ L 324 of 10 December 2007, p. 79) — National legislation which establishes, for a party who is resident in another Member State and has not appointed a representative resident in national territory, a presumption that that party is aware of procedural documents which have been placed in the case file

Operative part of the judgment

Article 1(1) of Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) and repealing Council Regulation (EC) No 1348/2000 must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, which provides that judicial documents addressed to a party whose place of residence or habitual abode is in another Member State are placed in the case file, and deemed to have been effectively served, if that party has failed to appoint a representative who is authorised to accept service and is resident in the first Member State, in which the judicial proceedings are taking place.


(1)  OJ C 269, 10.9.2011.
Case C-279/11: Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 85/337/EEC — Assessment of the effects of certain public and private projects on the environment — Incorrect transposition — Annexe II — Point 1(a) to (c) — Judgment of the Court of Justice — Finding of infringement — Article 260 TFEU — Pecuniary penalties — Lump sum payment — Member State’s ability to pay — Economic crisis — Assessment on the basis of current economic data)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Ireland, economic recession, environmental policy, fine, infringement of EU law, national implementing measure








C_2013046EN.01000501.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/5





Judgment of the Court (Fourth Chamber) of 19 December 2012 — European Commission v Ireland
(Case C-279/11) (1)

(Failure of a Member State to fulfil obligations - Directive 85/337/EEC - Assessment of the effects of certain public and private projects on the environment - Incorrect transposition - Annexe II - Point 1(a) to (c) - Judgment of the Court of Justice - Finding of infringement - Article 260 TFEU - Pecuniary penalties - Lump sum payment - Member State’s ability to pay - Economic crisis - Assessment on the basis of current economic data)
2013/C 46/08
Language of the case: English

Parties


Applicant: European Commission (represented by: P. Oliver and K. Mifsud-Bonnici, acting as Agents)

Defendant: Ireland (represented by: E. Creedon and D. O’Hagan, acting as Agents, and E. Regan, SC, and de C. Toland, BL)

Re:

Failure of a Member State to fulfil obligations — Failure to comply with the judgment of the Court of 20 November 2008 in Case C-66/06 Commission v Ireland concerning the infringement of Article 2(1) and Article 4(2) to (4) of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), as amended by Directive 97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Application for the imposition of a penalty payment and a lump sum.

Operative part of the judgment

The Court:






1.


Declares that, by failing to take the measures necessary to comply with the judgment of 20 November 2008 in Case C-66/06 Commission v Ireland, Ireland has failed to fulfil its obligations under Article 260 TFEU.










2.


Orders Ireland to pay to the Commission, into the account ‘European Union own resources’, a lump sum of EUR 1 500 000.










3.


Orders Ireland to pay the costs.






(1)  OJ C 226, 30.7.2011.
Special Report No 19/2012 ‘2011 report on the follow-up of the European Court of Auditors’ special reports’
Date: 2012-12-19
Institutions: European Court of Auditors
Subjects: European Court of Auditors, activity report, operation of the Institutions








C_2012392EN.01001101.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/11





Special Report No 19/2012 ‘2011 report on the follow-up of the European Court of Auditors’ special reports’
2012/C 392/07
The European Court of Auditors hereby informs you that Special Report No 19/2012 ‘2011 report on the follow-up of the European Court of Auditors’ special reports’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Special Report No 18/2012 ‘European Union assistance to Kosovo related to the rule of law’
Date: 2012-12-19
Institutions: European Court of Auditors
Subjects: Kosovo, foreign policy, rule of law, the EU's international role








C_2012392EN.01001002.xml










19.12.2012   


EN


Official Journal of the European Union


C 392/10





Special Report No 18/2012 ‘European Union assistance to Kosovo related to the rule of law’
2012/C 392/06
The European Court of Auditors hereby informs you that Special Report No 18/2012 ‘European Union assistance to Kosovo related to the rule of law’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu
A hard copy version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Unit ‘Audit: Production of Reports’




12, rue Alcide de Gasperi




1615 Luxembourg




LUXEMBOURG




Tel. +352 4398-1




E-mail: eca-info@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case C-149/11: Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage — Netherlands) — Leno Merken BV v Hagelkruis Beheer BV (Community trade mark — Regulation (EC) No 207/2009 — Article 15(1) — ‘Genuine use of the trade mark’ — Territorial scope of use — Use of the Community trade mark in a single Member State — Whether sufficient)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: EU trade mark, interpretation of the law, registered trade mark, trade-mark law








C_2013046EN.01000302.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/3





Judgment of the Court (Second Chamber) of 19 December 2012 (request for a preliminary ruling from the Gerechtshof te ’s-Gravenhage — Netherlands) — Leno Merken BV v Hagelkruis Beheer BV
(Case C-149/11) (1)

(Community trade mark - Regulation (EC) No 207/2009 - Article 15(1) - ‘Genuine use of the trade mark’ - Territorial scope of use - Use of the Community trade mark in a single Member State - Whether sufficient)
2013/C 46/05
Language of the case: Dutch

Referring court

Gerechtshof te ’s-Gravenhage

Parties to the main proceedings


Applicant: Leno Merken BV

Defendant: Hagelkruis Beheer BV

Re:

Request for a preliminary ruling — Gerechtshof te’s-Gravenhage — Interpretation of Article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Use of the mark — Genuine use — Meaning — Use of a Community trade mark on the territory of just one Member State — Use regarded as genuine by that State if it were an identical national mark.

Operative part of the judgment

Article 15(1) of Regulation No 207/2009 of 26 February 2009 on the Community trade mark must be interpreted as meaning that the territorial borders of the Member States should be disregarded in the assessment of whether a trade mark has been put to ‘genuine use in the Community’ within the meaning of that provision.
A Community trade mark is put to ‘genuine use’ within the meaning of Article 15(1) of Regulation No 207/2009 when it is used in accordance with its essential function and for the purpose of maintaining or creating market share within the European Community for the goods or services covered by it. It is for the referring court to assess whether the conditions are met in the main proceedings, taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity.


(1)  OJ C 179, 18.6.2011.
Case C-452/11 P: Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Dutch beer market — Commission decision establishing a breach of Article 81 EC — Fines — Duration of the administrative procedure — Level of the fine)
Date: 2012-12-19
Institutions: Court of Justice
Subjects: Netherlands, administrative procedure, beer, competition, fine, infringement of EU law, price agreement








C_2013046EN.01001001.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/10





Judgment of the Court (Seventh Chamber) of 19 December 2012 — Heineken Nederland BV, Heineken NV v European Commission
(Case C-452/11 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Dutch beer market - Commission decision establishing a breach of Article 81 EC - Fines - Duration of the administrative procedure - Level of the fine)
2013/C 46/17
Language of the case: Dutch

Parties


Appellants: Heineken Nederland BV, Heineken NV (represented by: T. Ottervanger and M. de Jong, advocaten)

Other party to the proceedings: European Commission (represented by: P. Van Nuffel and F. Ronkes Agerbeek, Agents, and by M. Slotboom, advocat)

Re:

Appeal brought against the judgment delivered by the General Court (Sixth Chamber, Extended Composition) on 16 June 2011 in Case T-240/07 Heineken Nederland and Heineken v Commission, by which the General Court annulled Article 1 of Commission Decision C(2007) 1697 of 18 April 2007 relating to a proceeding under Article 81 [EC] (Case COMP/B/37.766 — Dutch beer market) in so far as the European Commission found that Heineken NV and Heineken Nederland BV had participated in an infringement consisting in the occasional coordination of commercial conditions, other than prices, offered to individual consumers in the ‘on-trade’ sector in the Netherlands

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Heineken Nederland BV and Heineken NV to pay the costs.






(1)  OJ C 340, 19.11.2011.
Case T-561/12: Action brought on 19 December 2012 — Beninca v Commission
Date: 2012-12-19
Institutions: General Court
Subjects: access to EU information, economic concentration, investment company, issue of securities








C_2013046EN.01002302.xml










16.2.2013   


EN


Official Journal of the European Union


C 46/23





Action brought on 19 December 2012 — Beninca v Commission
(Case T-561/12)
2013/C 46/42
Language of the case: English

Parties


Applicant: Jürgen Beninca (Frankfurt am Main, Germany) (represented by: C. Zschocke, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission’s Decision of 9 October 2012, refusing access to a document produced in the framework of merger proceedings (Case COMP/M.6166 — NYSE Euronext/Deutsche Börse); and










—


Order the defendant to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that none of the exceptions listed in Article 4 of Regulation (EC) No 1049/2001 (1) applies. This is in particular correct for the exceptions referred to by the Commission in the Decision, namely Article 4(3), second subparagraph and Article 4(2), first indent, of the said regulation.










2.


Second plea in law, alleging that if any of these exceptions would apply, the Decision fails to properly consider whether at least partial (or redacted) access to the requested document is possible pursuant to Article 4(6) of Regulation (EC) No 1049/2001.










3.


Third plea in law, alleging that the applicant has a right to access to the requested document because of an overriding public interest in making the document in question available, pursuant to Articles 4(2) and 4(3) of Regulation (EC) No 1049/2001.






(1)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L 145, p. 43)
Corrigendum to Commission Regulation (EU) No 1183/2012 of 30 November 2012 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food ( OJ L 338, 12.12.2012 )
Date: 2012-12-19
Institutions: European Commission
Subjects: food safety, foodstuff, health risk, market approval, plastics








L_2012349EN.01007701.xml










19.12.2012   


EN


Official Journal of the European Union


L 349/77







Corrigendum to Commission Regulation (EU) No 1183/2012 of 30 November 2012 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food
(
Official Journal of the European Union L 338 of 12 December 2012
)

On page 14, Annex, in the table of point 5, the entry ‘858’ is replaced by the following:
















(1)


(2)


(3)


(4)


(5)


(6)


(7)


(8)


(9)


(10)


(11)




‘858


38565


0090498-90-1


3,9-bis[2-(3-(3-tert-butyl-4-hydroxy-5-methylphenyl)propionyloxy)-1,1-dimethylethyl]-2,4,8,10-tetraoxaspiro[5,5]undecane


yes


no


yes


0,05


 


SML expressed as the sum of the substance and its oxidation product 3-[(3-(3-tert-butyl-4-hydroxy-5-methylphenyl)prop-2-enoyloxy)-1,1-dimethylethyl]-9-[(3-(3-tert-butyl-4-hydroxy-5-methylphenyl)propionyloxy)-1,1-dimethylethyl]-2,4,8,10-tetraoxaspiro[5,5]-undecane in equilibrium with its para quinone methid tautomer.


(2)’