do-me/EUR-LEX huggingface dataset:
Commission Delegated Regulation (EU) No 312/2013 of 31 January 2013 correcting the Hungarian text of Delegated Regulation (EU) No 244/2012 supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements  Text with EEA relevance
Date: 2013-01-31
Institutions: European Commission
Subjects: building, cost-benefit analysis, costing, energy consumption, energy saving, profitability








L_2013095EN.01000801.xml










5.4.2013   


EN


Official Journal of the European Union


L 95/8








            COMMISSION DELEGATED REGULATION (EU) No 312/2013
of 31 January 2013
         
correcting the Hungarian text of Delegated Regulation (EU) No 244/2012 supplementing Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings by establishing a comparative methodology framework for calculating cost-optimal levels of minimum energy performance requirements for buildings and building elements
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (1), and in particular Article 5(1) thereof,

Whereas:







(1)


The Hungarian text of Commission Delegated Regulation (EU) No 244/2012 (2) contains several errors.












(2)


Delegated Regulation (EU) No 244/2012 should therefore be corrected accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Concerns only the Hungarian language version.


Article 2
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, 31 January 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 153, 18.6.2010, p. 13.

(2)  
            OJ L 81, 21.3.2012, p. 18.
Case C-52/13: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 31 January 2013 — Posteshop SpA — Divisione Franchising Kipoint v Autorità Garante della Concorrenza e del Mercato, Presidenza del Consiglio dei Ministri
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Italy, advertising malpractice, comparative advertising, interpretation of the law, merchant








C_2013123EN.01001101.xml










27.4.2013   


EN


Official Journal of the European Union


C 123/11





Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 31 January 2013 — Posteshop SpA — Divisione Franchising Kipoint v Autorità Garante della Concorrenza e del Mercato, Presidenza del Consiglio dei Ministri
(Case C-52/13)
2013/C 123/16
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicant: Posteshop SpA — Divisione Franchising Kipoint

Defendants: Autorità Garante della Concorrenza e del Mercato, Presidenza del Consiglio dei Ministri

Question referred

With regard to the protection to be afforded to traders, is Directive 2006/114/EC (1) to be interpreted as referring to advertising that is misleading and at the same time based on unlawful comparison, or to two separate offences, each of which may be relevant in its own right, namely misleading advertising and unlawful comparative advertising?


(1)  Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ 2006 L 376, p. 21.
Corrigendum to Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption ( OJ L 115, 27.4.2012 )
Date: 2013-01-31
Institutions: Council of the European Union, European Parliament
Subjects: consumer information, food additive, food safety, fruit juice, labelling, market approval, product designation, sugar




L_2013031EN.01008301.xml










31.1.2013   


EN


Official Journal of the European Union


L 31/83







Corrigendum to Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption
(
Official Journal of the European Union L 115 of 27 April 2012
)

Page 3, Article 3(2)
for:


‘2.   The statement “from 28 October 2015 no fruit juices contain added sugars” may appear …’


read:


‘2.   The statement “from 28 April 2015 no fruit juices contain added sugars” may appear …’.
Council Decision 2013/72/CFSP of 31 January 2013 amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia
Date: 2013-01-31
Institutions: Council of the European Union
Subjects: Tunisia, economic sanctions, international sanctions




L_2013032EN.01002001.xml










1.2.2013   


EN


Official Journal of the European Union


L 32/20








            COUNCIL DECISION 2013/72/CFSP
of 31 January 2013
         
amending Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:







(1)


On 31 January 2011, the Council adopted Decision 2011/72/CFSP (1).












(2)


The restrictive measures set out in Decision 2011/72/CFSP apply until 31 January 2013. On the basis of a review of that Decision, the restrictive measures should be extended until 31 January 2014.












(3)


Decision 2011/72/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Article 5 of Decision 2011/72/CFSP is hereby replaced by the following:

‘Article 5
This Decision shall apply until 31 January 2014. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’.



Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.




Done at Brussels, 31 January 2013.


For the Council


The President

C. ASHTON
            





(1)  
            OJ L 28, 2.2.2011, p. 62.
Case C-301/11: Judgment of the Court (Seventh Chamber) of 31 January 2013 — European Commission v Kingdom of the Netherlands (Tax legislation — Transfer of a residence for tax purposes — Freedom of establishment — Article 49 TFEU — Taxation of unrealised capital gains — Immediate exit tax)
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Netherlands, capital gains tax, infringement of EU law, legal domicile, tax, tax law, tax system








C_2013086EN.01000401.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/4





Judgment of the Court (Seventh Chamber) of 31 January 2013 — European Commission v Kingdom of the Netherlands
(Case C-301/11) (1)

(Tax legislation - Transfer of a residence for tax purposes - Freedom of establishment - Article 49 TFEU - Taxation of unrealised capital gains - Immediate exit tax)
2013/C 86/05
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: R. Lyal and W. Roels, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: C.Wissels, J. Langer and M. de Ree, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: T. Henze and K. Petersen, acting as Agents), Kingdom of Spain (represented by: A. Rubio González, acting as Agent), Portuguese Republic (représentant: L. Inez Fernandes, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Interpretation of Article 49 TFEU — Exit tax for undertakings ceasing to have their tax residence in the Netherlands — Taxation of unrealised capital gains in the case of changing the undertaking’s residency, moving its permanent establishment or transferring its shares to another Member State

Operative part of the judgment

The Court:






1.


Declares that, by adopting and maintaining in force a national rule providing for the taxation of unrealised capital gains on the transfer of an undertaking or when transferring a company’s registered office or actual head office to another Member State, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 49 TFEU;










2.


Orders the Kingdom of the Netherlands to pay the costs;










3.


Orders the Federal Republic of Germany, the Kingdom of Spain and the Portuguese Republic to bear their own costs.






(1)  OJ C 252, 27.8.2011.
Case C-55/13: Action brought on 31 January 2013 — European Commission v Republic of Poland
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Poland, domestic market, infringement of EU law, national implementing measure, natural gas








C_2013101EN.01001103.xml










6.4.2013   


EN


Official Journal of the European Union


C 101/11





Action brought on 31 January 2013 — European Commission v Republic of Poland
(Case C-55/13)
2013/C 101/25
Language of the case: Polish

Parties


Applicant: European Commission (represented by: P. Hetsch, O. Beynet and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Article 2(15), (16), (22), (34) and (35), Article 3(4) and (9), Article 6(1) to (3) and Article 7(1) and (3); Article 9, Article 14 and Articles 17 to 23; Articles 10 and 11; Article 16; Article 26(2)(c), second sentence et seq., and Article 26(2)(d), third and fourth sentences; Article 26(3); Article 27(2); Article 29; Article 31; Article 36; Article 42(1) to (4); Article 43(1), (4) and (8); and Article 44 of, and points 1 and 2 of Annex I to, Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC, (1) and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Article 54(1) of that directive;










—


impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/73/EC at the daily rate of EUR 88 819,20 from the day on which judgment is delivered in the present case;










—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

The period for transposing Directive 2009/73/EC expired on 3 March 2011.


(1)  OJ 2009 L 211, p. 94.
Information concerning the date of entry into force of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part
Date: 2013-01-31
Institutions: Council of the European Union
Subjects: Israel, Union for the Mediterranean, agricultural product, association agreement (EU), fish, fishery product, liberalisation of trade








L_2013031EN.01000101.xml










31.1.2013   


EN


Official Journal of the European Union


L 31/1







Information concerning the date of entry into force of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

The above Agreement between the European Union and the State of Israel, signed in Brussels on 18 June 2012, will enter into force on 1 February 2013.
Case T-66/11: Judgment of the General Court of 31 January 2013 — Present-Service Ullrich v OHIM — Punt-Nou (babilu) (Community trade mark — Opposition proceedings — Application for Community word mark babilu — Earlier Community word mark BABIDU — Relative ground for refusal — Likelihood of confusion — Similarity of the services — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2013-01-31
Institutions: General Court
Subjects: EU trade mark, registered trade mark, textile product, trade-mark law








C_2013079EN.01001302.xml










16.3.2013   


EN


Official Journal of the European Union


C 79/13





Judgment of the General Court of 31 January 2013 — Present-Service Ullrich v OHIM — Punt-Nou (babilu)
(Case T-66/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark babilu - Earlier Community word mark BABIDU - Relative ground for refusal - Likelihood of confusion - Similarity of the services - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2013/C 79/22
Language of the case: English

Parties


Applicant: Present-Service Ullrich GmbH & Co. KG (Erlangen, Germany) (represented by: A. Graf von Kalckreuth and I. Stein, lawyers)

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, intervener before the General Court: Punt-Nou, SL (Valencia, Spain) (represented by: I. Sempere Massa, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2010 (Case R 773/2010-2), concerning opposition proceedings between Punt-Nou, SL and Present Service Ullrich GmbH & Co. KG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Present-Service Ullrich GmbH & Co. KG to pay the costs.






(1)  OJ C 89, 19.3.2011.
Case C-197/13 P: Appeal brought on 16 April 2013 by the Kingdom of Spain against the judgment of the General Court (Eighth Chamber) delivered on 31 January 2013 in Case T-540/10 Spain v Commission
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Cohesion Fund, financial aid, high-speed transport, rail transport








C_2013178EN.01000502.xml










22.6.2013   


EN


Official Journal of the European Union


C 178/5





Appeal brought on 16 April 2013 by the Kingdom of Spain against the judgment of the General Court (Eighth Chamber) delivered on 31 January 2013 in Case T-540/10 Spain v Commission
(Case C-197/13 P)
2013/C 178/10
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: A. Rubio González, agent)

Other party to the proceedings: European Commission

Form of order sought







—


Declare, in any event, that the present appeal is well founded and set aside the judgment of the General Court of 31 January 2013 in Case T-540/10 Spain v Commission.










—


Annul Commission Decision C (2010) 6154 of 13 September 2010 reducing the assistance granted from the Cohesion Fund to the project stages: ‘High Speed Line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell (Platform). Subsection IX-A’ (CCI No 2001.ES.16.C.PT.005); ‘High Speed Line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell (Platform). Subsection X-B (Avinyonet del Penedés-Sant Sadurní d’Anoia)’ (CCI No 2001.ES.16.C.PT.008); ‘High Speed Line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell (Platform). Subsections XI-A and XI-B (Sant Sadurní d’Anoia-Gelida)’ (CCI No 2001.ES.16.C.PT.009) and ‘High Speed Line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell (Platform). Subsection IX-C’ (CCI No 2001.ES.16.C.PT.010);










—


Order, in any event, the respondent to bear the costs.





Pleas in law and main arguments



Error of law with respect to the effects of the period of time referred to in Article H(2) of Annex II to Council Regulation (EC) No 1164/94

 (1)

of 16 May 1994 establishing a Cohesion Fund
. After the expiry of the period referred to, the Commission may no longer adopt any financial correction measures and, therefore, it is obliged to make payment and the correction applied is unlawful.


Error of law in relation to the concept of an award of a contract within the meaning of Council Directive 93/38/EEC

 (2)

of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors
. Points (e) and (f) of Article 20(2) of Directive 93/38 do not apply generally to any amendments whatsoever to public contracts agreed during their execution stage, but to substantive amendments only. A substantive amendment such as to constitute a new award of a contract can be regarded as having arisen only when the conditions laid down in the judgment in Pressetext Nachrichtenagentur
 (3) are met.


(1)  OJ 1994 L 130, p. 1


(2)  OJ 1993 L 199, p. 84


(3)  Case C-454/06 Pressetext Nachrichtenagentur [2008] ECR I-4401
Call for proposals under the work programme of the joint European Metrology Research Programme (EMRP)
Date: 2013-01-31
Institutions: European Commission
Subjects: EU programme, EU research policy, invitation to tender, metrology








C_2013029EN.01000301.xml










31.1.2013   


EN


Official Journal of the European Union


C 29/3





Call for proposals under the work programme of the joint European Metrology Research Programme (EMRP)
2013/C 29/03
Notice is hereby given of the launch of a call for proposals for topic areas and subsequently for related projects and associated researcher grants under the work programme of the European Metrology Research Programme.
Proposals are invited for EMRP Call 2013 with the following topic areas:






—


Metrology for energy










—


Metrology for environment




This call encompasses a two-stage process for joint research projects and includes opportunities for researcher grants.







 


Date of publication


Closing date










Stage 1 —


Call for potential research topics






31 January 2013


17 March 2013










Stage 2 —


Call for joint research project proposals and associated researcher excellence grant applications






18 June 2013


1 October 2013




Call documentation including budget, description of topic areas and modalities is available through the following website:
http://www.emrponline.eu/call2013
Euro exchange rates
Date: 2013-01-31
Institutions: European Commission
Subjects: euro, exchange rate








C_2013029EN.01000101.xml










31.1.2013   


EN


Official Journal of the European Union


C 29/1





Euro exchange rates (1)

30 January 2013
2013/C 29/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3541




JPY


Japanese yen


123,55




DKK


Danish krone


7,4609




GBP


Pound sterling


0,85830




SEK


Swedish krona


8,6117




CHF


Swiss franc


1,2392




ISK


Iceland króna


 




NOK


Norwegian krone


7,4350




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,652




HUF


Hungarian forint


296,08




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6991




PLN


Polish zloty


4,1988




RON


Romanian leu


4,3848




TRY


Turkish lira


2,3959




AUD


Australian dollar


1,2996




CAD


Canadian dollar


1,3573




HKD


Hong Kong dollar


10,5063




NZD


New Zealand dollar


1,6262




SGD


Singapore dollar


1,6737




KRW


South Korean won


1 472,56




ZAR


South African rand


12,2576




CNY


Chinese yuan renminbi


8,4239




HRK


Croatian kuna


7,5940




IDR


Indonesian rupiah


13 199,01




MYR


Malaysian ringgit


4,1756




PHP


Philippine peso


55,044




RUB


Russian rouble


40,6344




THB


Thai baht


40,284




BRL


Brazilian real


2,6929




MXN


Mexican peso


17,2154




INR


Indian rupee


72,1600






(1)  Source: reference exchange rate published by the ECB.
Case C-51/13: Request for a preliminary ruling from the Rechtbank Rotterdam (Netherlands) lodged on 31 January 2013 — Nationale-Nederlanden Levensverzekering Mij NV v Hubertus Wilhelmus Van Leeuwen
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Netherlands, consumer information, insurance contract, interpretation of the law, life assurance








C_2013141EN.01001002.xml










18.5.2013   


EN


Official Journal of the European Union


C 141/10





Request for a preliminary ruling from the Rechtbank Rotterdam (Netherlands) lodged on 31 January 2013 — Nationale-Nederlanden Levensverzekering Mij NV v Hubertus Wilhelmus Van Leeuwen
(Case C-51/13)
2013/C 141/17
Language of the case: Dutch

Referring court

Rechtbank Rotterdam

Parties to the main proceedings


Applicant: Nationale-Nederlanden Levensverzekering Mij NV

Defendant: Hubertus Wilhelmus Van Leeuwen

Questions referred







1.


Does European Union law, and in particular Article 31(3) of the Third Life Assurance Directive, (1) preclude an obligation on the part of a life assurance provider on the basis of the ‘open’ and/or unwritten rules of Netherlands law — such as the reasonableness and fairness which govern the (pre-)contractual relationship between a life assurance provider and a prospective policyholder, and/or a general and/or specific duty of care — to provide policyholders with more information on costs and risk premiums of the insurance than was prescribed in 1999 by the provisions of Netherlands law by which the Third Life Assurance Directive was implemented (in particular, Article 12(2)(q) and (r) of the RIAV [(Netherlands Regulation regarding the provision of information to policyholders)] 1998)?










2.


Are the consequences, or possible consequences, under Netherlands law, of a failure to provide that information relevant for the purposes of answering question 1?






(1)  Council Directive 92/96/EEC of 10 November 1992 on the coordination of laws, regulations and administrative provisions relating to direct life assurance and amending Directives 79/267/EEC and 90/619/EEC (OJ 1992 L 360, p. 1).