do-me/EUR-LEX huggingface dataset:
Case F-27/11: Judgment of the Civil Service Tribunal (First Chamber) of 15 January 2013 — BO v Commission (Staff case — Social security — Payment of transport costs connected to medical care — Transport costs incurred for linguistic reasons)
Date: 2013-01-15
Institutions: Civil Service Tribunal
Subjects: European civil service, family benefit, freight rate, health care, health expenditure








C_2013079EN.01003301.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/33





Judgment of the Civil Service Tribunal (First Chamber) of 15 January 2013 — BO v Commission
(Case F-27/11) (1)

(Staff case - Social security - Payment of transport costs connected to medical care - Transport costs incurred for linguistic reasons)
2013/C 79/54
Language of the case: French

Parties


Applicant: BO (Amman, Jordan) (represented by: L. Levi, M. Vandenbussche and C. Bernard-Glanz, lawyers)

Defendant: European Commission (represented by: J. Currall and D. Martin, Agents)

Re:

Staff case — Application for annulment of the defendant’s decisions refusing to authorise medical benefits requested by the applicant for his son, his wife and himself.

Operative part of the judgment

The Tribunal:






1.


Annuls the decisions of the European Commission of 1 June 2010 refusing to pay the costs for the transport and accompaniment of BO’s son;










2.


Orders the European Commission to bear its own costs and to pay the costs incurred by BO.






(1)  OJ C 186, 25.6.11, p. 33.
Non-opposition to a notified concentration (Case COMP/M.6703 — FlRoWA Handels GmbH/OSI Europe Foodworks/JV)  Text with EEA relevance
Date: 2013-01-15
Institutions: European Commission
Subjects: economic concentration, livestock farming, meat processing industry, merger control








C_2013010EN.01000201.xml










15.1.2013   


EN


Official Journal of the European Union


C 10/2





Non-opposition to a notified concentration
(Case COMP/M.6703 — FlRoWA Handels GmbH/OSI Europe Foodworks/JV)
(Text with EEA relevance)
2013/C 10/03
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 German 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 32012M6703. EUR-Lex is the on-line access to the European law.
Euro exchange rates
Date: 2013-01-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2013010EN.01000301.xml










15.1.2013   


EN


Official Journal of the European Union


C 10/3





Euro exchange rates (1)

14 January 2013
2013/C 10/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3341




JPY


Japanese yen


119,10




DKK


Danish krone


7,4626




GBP


Pound sterling


0,83120




SEK


Swedish krona


8,6178




CHF


Swiss franc


1,2243




ISK


Iceland króna


 




NOK


Norwegian krone


7,3625




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,613




HUF


Hungarian forint


297,08




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6973




PLN


Polish zloty


4,1200




RON


Romanian leu


4,3848




TRY


Turkish lira


2,3622




AUD


Australian dollar


1,2632




CAD


Canadian dollar


1,3158




HKD


Hong Kong dollar


10,3423




NZD


New Zealand dollar


1,5860




SGD


Singapore dollar


1,6367




KRW


South Korean won


1 409,49




ZAR


South African rand


11,6094




CNY


Chinese yuan renminbi


8,2985




HRK


Croatian kuna


7,5680




IDR


Indonesian rupiah


12 855,87




MYR


Malaysian ringgit


4,0250




PHP


Philippine peso


54,227




RUB


Russian rouble


40,3530




THB


Thai baht


40,343




BRL


Brazilian real


2,7147




MXN


Mexican peso


16,9097




INR


Indian rupee


72,7080






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6808 — PAI Partners/Industrial Parts Holding)  Text with EEA relevance
Date: 2013-01-15
Institutions: European Commission
Subjects: France, Germany, Netherlands, Romania, distributor, economic concentration, investment company, merger control








C_2013010EN.01000601.xml










15.1.2013   


EN


Official Journal of the European Union


C 10/6





Prior notification of a concentration
(Case COMP/M.6808 — PAI Partners/Industrial Parts Holding)
(Text with EEA relevance)
2013/C 10/09






1.


On 7 January 2013, 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 PAI Partners SAS (‘PAI’, France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking Industrial Parts Holding SAS (‘IPH’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


PAI is a private equity firm, focused on the acquisition of medium to large-sized companies, headquartered or managed in Europe,










—


IPH is a specialist distributor of industrial supplies with activities in France, Germany, the Netherlands, Belgium and Romania.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6808 — PAI Partners/Industrial Parts Holding, 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’).
Case T-625/11: Judgment of the General Court of 15 January 2013 — BSH v OHIM (ecoDoor) (Community trade mark — Application for Community word mark ecoDoor — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Council Regulation (EC) No 207/2009)
Date: 2013-01-15
Institutions: General Court
Subjects: EU trade mark, electrical engineering, registered trade mark, trade-mark law








C_2013055EN.01001201.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/12





Judgment of the General Court of 15 January 2013 — BSH v OHIM (ecoDoor)
(Case T-625/11) (1)

(Community trade mark - Application for Community word mark ecoDoor - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Council Regulation (EC) No 207/2009)
2013/C 55/20
Language of the case: German

Parties


Applicant: BSH Bosch und Siemens Hausgeräte GmbH (Munich, Germany) (represented by: S. Biagosch, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 September 2011 (Case R 340/2011-1) concerning an application for registration of the word sign ecoDoor as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders BSH Bosch und Siemens Hausgeräte GmbH to pay the costs.






(1)  OJ C 32, 4.2.2012.
Information communicated by Member States regarding closure of fisheries
Date: 2013-01-15
Institutions: European Commission
Subjects: Lithuania, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013010EN.01000402.xml










15.1.2013   


EN


Official Journal of the European Union


C 10/4





Information communicated by Member States regarding closure of fisheries
2013/C 10/07
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


7.12.2012




Duration


7.12.2012-31.12.2012




Member State


Lithuania




Stock or Group of stocks


GHL/N3LMNO




Species


Greenland Halibut (Reinhardtius hippoglossoides)




Zone


NAFO 3LMNO




Type(s) of fishing vessels


—




Reference number


FS82TQ44






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-4/13: Action brought on 15 January 2013 — ZZ v Commission
Date: 2013-01-15
Institutions: Civil Service Tribunal
Subjects: European External Action Service, staff assessment








C_2013108EN.01003802.xml










13.4.2013   


EN


Official Journal of the European Union


C 108/38





Action brought on 15 January 2013 — ZZ v Commission
(Case F-4/13)
2013/C 108/90
Language of the case: French

Parties


Applicant: ZZ (represented by: N. Lhoëst, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision adopting the applicant’s staff report for the period from 1995 to 1997 and the claim for damages.

Form of order sought







—


Annul the decision of the Administrative Secretary-General of the European External Action Service of 12 March 2012, adopting the staff report of the applicant for the period from 1995 to 1997;










—


insofar as it is necessary, annul the decision of the appointing authority of the Commission of 4 October 2012, rejecting the complaint lodged by the applicant on 20 June 2012 under Article 90(2) of the Staff Regulations;










—


order the Commission to pay the sum of EUR 25 000 by way of compensation for non-material damage;










—


order the Commission to pay the costs.
Case T-451/11: Judgment of the General Court of 15 January 2013 — Gigabyte Technology v OHIM — Haskins (Gigabyte) (Community trade mark — Opposition proceedings — Application for Community word mark Gigabyte — Earlier Community word mark GIGABITER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-01-15
Institutions: General Court
Subjects: EU trade mark, information technology industry, registered trade mark, trade-mark law








C_2013055EN.01001102.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/11





Judgment of the General Court of 15 January 2013 — Gigabyte Technology v OHIM — Haskins (Gigabyte)
(Case T-451/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark Gigabyte - Earlier Community word mark GIGABITER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 55/18
Language of the case: English

Parties


Applicant: Gigabyte Technology Co., Ltd (Taipei, Taiwan) (represented by: F. Schwerbrock, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Robert A. Haskins (Quakertown, Pennsylvania, United States)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 May 2011 (Case R 2047/2010-2), concerning opposition proceedings between Robert A. Haskins and Gigabyte Technology Co., Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Gigabyte Technology Co., Ltd to pay the costs.






(1)  OJ C 298, 8.10.2011.
Commission Regulation (EU) No 29/2013 of 15 January 2013 establishing a prohibition of fishing for black scabbardfish in EU and international waters of VIII, IX and X by vessels flying the flag of Portugal
Date: 2013-01-15
Institutions: European Commission
Subjects: Atlantic Ocean, Azores, EU waters, Portugal, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013014EN.01000501.xml










18.1.2013   


EN


Official Journal of the European Union


L 14/5








            COMMISSION REGULATION (EU) No 29/2013
of 15 January 2013
         
establishing a prohibition of fishing for black scabbardfish in EU and international waters of VIII, IX and X 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 1225/2010 of 13 December 2010 fixing for 2011 and 2012 the fishing opportunities for EU vessels for fish stocks of certain deep-sea fish species (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, 15 January 2013.


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 336, 21.12.2010, p. 1.




ANNEX






No


85/DSS




Member State


Portugal




Stock


BSF/8910-




Species


Black scabbardfish (Aphanopus carbo)




Zone


EU and international waters of VIII, IX and X




Date


19.12.2012
Non-opposition to a notified concentration (Case COMP/M.6766 — Migros/Tegut)  Text with EEA relevance
Date: 2013-01-15
Institutions: European Commission
Subjects: Germany, Switzerland, economic concentration, food industry, merger control, retail selling








C_2013010EN.01000102.xml










15.1.2013   


EN


Official Journal of the European Union


C 10/1





Non-opposition to a notified concentration
(Case COMP/M.6766 — Migros/Tegut)
(Text with EEA relevance)
2013/C 10/02
On 18 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 German 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 32012M6766. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 28/2013 of 15 January 2013 establishing a prohibition of fishing for turbot and brill in EU waters of IIa and IV by vessels flying the flag of the Netherlands
Date: 2013-01-15
Institutions: European Commission
Subjects: EU waters, Netherlands, North Sea, Norwegian Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013014EN.01000301.xml










18.1.2013   


EN


Official Journal of the European Union


L 14/3








            COMMISSION REGULATION (EU) No 28/2013
of 15 January 2013
         
establishing a prohibition of fishing for turbot and brill in EU waters of IIa and IV by vessels flying the flag of the Netherlands


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, 15 January 2013.


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


84/TQ44




Member State


The Netherlands




Stock


Turbot and brill (Psetta maxima and Scopthalmus rhombus)





Species


T/B/2AC4-C




Zone


EU waters of IIa and IV




Date


22.12.2012
Case T-237/11: Judgment of the General Court of 15 January 2013 — Lidl Stiftung v OHIM — Lactimilk (BELLRAM) (Community trade mark — Opposition proceedings — Application for the Community word mark BELLRAM — Earlier national word and figurative marks RAM and Ram — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Right to be heard — Articles 63(2), 75 and 76 of Regulation No 207/2009 — Opposition period)
Date: 2013-01-15
Institutions: General Court
Subjects: EU trade mark, dairy industry, registered trade mark, trade-mark law








C_2013055EN.01001002.xml










23.2.2013   


EN


Official Journal of the European Union


C 55/10





Judgment of the General Court of 15 January 2013 — Lidl Stiftung v OHIM — Lactimilk (BELLRAM)
(Case T-237/11) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BELLRAM - Earlier national word and figurative marks RAM and Ram - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to be heard - Articles 63(2), 75 and 76 of Regulation No 207/2009 - Opposition period)
2013/C 55/16
Language of the case: English

Parties


Applicant: Lidl Stiftung & Co. KG (Neckarsulm, Germany) (represented by: T. Träger, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: K. Klüpfel and D. Walicka, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Lactimilk, SA (Madrid, Spain) (represented by: P. Casamitjana Lleonart, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 1 March 2011 (Case R 1154/2009-4), concerning opposition proceedings between Lactimilk, SA and Lidl Stiftung & Co. KG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lidl Stiftung & Co. KG to pay the costs.






(1)  OJ C 204, 9.7.2011.
Case C-19/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 15 January 2013 — Ministero dell’Interno v Fastweb S.p.a.
Date: 2013-01-15
Institutions: Court of Justice
Subjects: award of contract, equal treatment, interpretation of the law, invitation to tender, negotiated contract, right to justice








C_2013086EN.01001101.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/11





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 15 January 2013 — Ministero dell’Interno v Fastweb S.p.a.
(Case C-19/13)
2013/C 86/18
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Ministero dell’Interno

Defendant: Fastweb S.p.a.

Questions referred







1.


Must Article 2d(4) of Directive 2007/66/EC (1) be construed as meaning that if, before awarding the contract directly to a specific economic operator, selected without prior publication of a contract notice, an awarding authority published the notice for voluntary ex ante transparency in the Official Journal of the European Union and waited at least 10 days before concluding the contract, the national court is — always and in any event — precluded from declaring the contract to be ineffective, even if it is established that there has been an infringement of the provisions permitting, subject to certain conditions, the award of a contract without a competitive tendering procedure?










2.


Is Article 2d(4) of Directive 2007/66/EC — if interpreted as making it impossible to declare a contract ineffective, in accordance with national law (Article 122 of the Code of administrative procedure), even though the national court has established an infringement of the provisions permitting, subject to certain conditions, the award of a contract without a competitive tendering procedure — compatible with the principles of equality of the parties, of non-discrimination and of protecting competition, and also of guaranteeing the right to an effective remedy enshrined in Article 47 of the Charter of Fundamental Rights of the European Union?






(1)  Directive 2007/66/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directives 89/665/EEC and 92/13/EEC with regard to improving the effectiveness of review procedures concerning the award of public contracts (OJ 2007 L 335, p. 31).