do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6714 — U-SHIN/Valeo Cam)  Text with EEA relevance
Date: 2013-04-11
Institutions: European Commission
Subjects: economic concentration, machine-tool industry, merger control, motor vehicle industry








C_2013105EN.01000701.xml










11.4.2013   


EN


Official Journal of the European Union


C 105/7





Non-opposition to a notified concentration
(Case COMP/M.6714 — U-SHIN/Valeo Cam)
(Text with EEA relevance)
2013/C 105/02
On 6 February 2013, 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 32013M6714. EUR-Lex is the on-line access to the European law.
Case C-258/11: Judgment of the Court (Third Chamber) of 11 April 2013 (request for a preliminary ruling from the Supreme Court — Ireland) — Peter Sweetman and Others v An Bord Pleanála (Environment — Directive 92/43/EEC — Article 6 — Conservation of natural habitats — Special areas of conservation — Assessment of the implications for a protected site of a plan or project — Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site concerned — Lough Corrib site — N6 Galway City Outer Bypass road scheme)
Date: 2013-04-11
Institutions: Court of Justice
Subjects: Ireland, biotope, conservation of resources, interpretation of the law, transport planning








C_2013156EN.01000402.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/4





Judgment of the Court (Third Chamber) of 11 April 2013 (request for a preliminary ruling from the Supreme Court — Ireland) — Peter Sweetman and Others v An Bord Pleanála
(Case C-258/11) (1)

(Environment - Directive 92/43/EEC - Article 6 - Conservation of natural habitats - Special areas of conservation - Assessment of the implications for a protected site of a plan or project - Criteria to be applied when assessing the likelihood that such a plan or project will adversely affect the integrity of the site concerned - Lough Corrib site - N6 Galway City Outer Bypass road scheme)
2013/C 156/06
Language of the case: English

Referring court

Supreme Court

Parties to the main proceedings


Appellants: Peter Sweetman, Ireland, Attorney General, Minister for the Environment, Heritage and Local Government

Respondent: An Bord Pleanála

Re:

Request for a preliminary ruling — Supreme Court, Ireland — Interpretation of Article 6(3) and (4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) — Assessment of the implications for a protected site of a plan or project — Criteria to be applied when assessing the likelihood that such a plan or such a project will adversely affect the integrity of the site concerned — Consequences of application of the precautionary principle — Construction of a road whose route crosses an area proposed as a special area of conservation

Operative part of the judgment

Article 6(3) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora must be interpreted as meaning that a plan or project not directly connected with or necessary to the management of a site will adversely affect the integrity of that site if it is liable to prevent the lasting preservation of the constitutive characteristics of the site that are connected to the presence of a priority natural habitat whose conservation was the objective justifying the designation of the site in the list of sites of Community importance, in accordance with the directive. The precautionary principle should be applied for the purposes of that appraisal.


(1)  OJ C 226, 30.7.2011.
Case C-652/11 P: Judgment of the Court (Seventh Chamber) of 11 April 2013 — Mindo Srl v European Commission (Appeals — Competition — Agreements, decisions and concerted practices — Italian market for the purchase and first processing of raw tobacco — Payment of the fine by the jointly and severally liable debtor — Interest in bringing proceedings — Burden of proof)
Date: 2013-04-11
Institutions: Court of Justice
Subjects: Italy, domestic market, fine, proof, restriction on competition, tobacco








C_2013156EN.01001102.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/11





Judgment of the Court (Seventh Chamber) of 11 April 2013 — Mindo Srl v European Commission
(Case C-652/11 P) (1)

(Appeals - Competition - Agreements, decisions and concerted practices - Italian market for the purchase and first processing of raw tobacco - Payment of the fine by the jointly and severally liable debtor - Interest in bringing proceedings - Burden of proof)
2013/C 156/17
Language of the case: English

Parties


Appellant: Mindo Srl (represented by: G. Mastrantonio, C. Osti and A. Prastaro, avvocati)

Other party to the proceedings: European Commission (represented by: N. Khan and L. Malferrari, Agents, assisted by F. Ruggeri Laderchi and R. Nazzini, avvocati)

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 5 October 2011 in Case T-19/06 Mindo v Commission, whereby the General Court held that there was no need to adjudicate on an action for annulment in part of Decision C(2005) 4012 final of 20 October 2005 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.281/B.2 — Raw tobacco — Italy) concerning a cartel designed to fix prices paid to producers and other intermediaries and to share suppliers in the Italian raw tobacco market, and annulment or reduction of the fine imposed on the appellant — Appellant involved in an insolvency procedure in the course of the proceedings — No longer any interest in bringing proceedings

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 5 October 2011 in Case T-19/06 Mindo v Commission;










2.


Refers the case back to the General Court of the European Union;










3.


Reserves the costs.






(1)  OJ C 49, 18.2.2012.
Case C-178/13: Action brought on 11 April 2013 — European Commission v Republic of Finland
Date: 2013-04-11
Institutions: Court of Justice
Subjects: Finland, drivers, infringement of EU law, national implementing measure, organisation of work, road transport








C_2013156EN.01002501.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/25





Action brought on 11 April 2013 — European Commission v Republic of Finland
(Case C-178/13)
2013/C 156/40
Language of the case: Finnish

Parties


Applicant: European Commission (represented by: I. Koskinen and J. Hottiaux, acting as Agents)

Defendant: Republic of Finland

Form of order sought







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to implement Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities in respect of self-employed drivers or, in any event, by failing to inform the Commission thereof, the Republic of Finland has failed to fulfil its obligations under Articles 2(1), 3 to 7 and 11 of that directive;










—


order Republic of Finland to pay the costs.





Pleas in law and main arguments

The period for transposing the directive expired on 23 March 2009.
Case T-294/10: Judgment of the General Court of 11 April 2013 — CBp Carbon Industries v OHIM (CARBON GREEN) (Community trade mark — International registration designating the European Community — Community word mark CARBON GREEN — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2013-04-11
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, waste recycling








C_2013147EN.01001601.xml










25.5.2013   


EN


Official Journal of the European Union


C 147/16





Judgment of the General Court of 11 April 2013 — CBp Carbon Industries v OHIM (CARBON GREEN)
(Case T-294/10) (1)

(Community trade mark - International registration designating the European Community - Community word mark CARBON GREEN - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2013/C 147/26
Language of the case: English

Parties


Applicant: CBp Carbon Industries, Inc. (Tortola, British Virgin Islands, United Kingdom) (represented by: S. Malynicz, Barrister, and J. Fish, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 21 April 2010 (Case R 1361/2009-1), concerning an application for registration of the word sign CARBON GREEN as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CBp Carbon Industries, Inc. to pay the costs.






(1)  OJ C 260, 25.9.2010.
Case C-354/12 P: Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Article 181 of the Rules of Procedure — Community trade mark — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relative ground for refusal — Word mark FEMIFERAL — Opposition by the proprietor of the earlier word and figurative mark feminatal)
Date: 2013-04-11
Institutions: Court of Justice
Subjects: EU trade mark, consumer protection, food supplement, pharmaceutical product, registered trade mark, trade-mark law








C_2013225EN.01004702.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/47





Order of the Court (Tenth Chamber) of 11 April 2013 — Asa sp. z o.o. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-354/12 P) (1)

(Appeal - Article 181 of the Rules of Procedure - Community trade mark - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relative ground for refusal - Word mark FEMIFERAL - Opposition by the proprietor of the earlier word and figurative mark feminatal)
2013/C 225/82
Language of the case: Polish

Parties


Appellant: Asa sp. z o.o. (represented by: M. Chimiak, adwokat)

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

Re:

Appeal brought against the judgment of the General Court (Third Chamber) of 25 May 2012 in Case T-110/11 Asa v OHIM — Merck (FEMIFERAL), by which the General Court dismissed as unfounded the action brought by Asa sp. z o.o., applicant for the word mark ‘FEMIFERAL’, seeking the annulment of Decision R 0182/2010-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 19 November 2010, annulling the decision of the Opposition Division, which rejected the opposition brought by the proprietor of the national word mark ‘Feminatal’ and of the national figurative mark containing the verbal element ‘feminatal’ for goods classified in Class 5 — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1)

Operative part of the order







1.


The appeal is dismissed.










2.


Asa sp. z o.o. is ordered to pay the costs.






(1)  OJ C 295, 29.9.2012.
Euro exchange rates
Date: 2013-04-11
Institutions: European Commission
Subjects: euro, exchange rate








C_2013105EN.01000801.xml










11.4.2013   


EN


Official Journal of the European Union


C 105/8





Euro exchange rates (1)

10 April 2013
2013/C 105/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3086




JPY


Japanese yen


129,69




DKK


Danish krone


7,4563




GBP


Pound sterling


0,85480




SEK


Swedish krona


8,3353




CHF


Swiss franc


1,2183




ISK


Iceland króna


 




NOK


Norwegian krone


7,5060




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,865




HUF


Hungarian forint


298,11




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7007




PLN


Polish zloty


4,1160




RON


Romanian leu


4,3890




TRY


Turkish lira


2,3370




AUD


Australian dollar


1,2429




CAD


Canadian dollar


1,3290




HKD


Hong Kong dollar


10,1587




NZD


New Zealand dollar


1,5300




SGD


Singapore dollar


1,6200




KRW


South Korean won


1 480,61




ZAR


South African rand


11,6900




CNY


Chinese yuan renminbi


8,1053




HRK


Croatian kuna


7,6125




IDR


Indonesian rupiah


12 678,54




MYR


Malaysian ringgit


3,9648




PHP


Philippine peso


53,673




RUB


Russian rouble


40,4050




THB


Thai baht


37,976




BRL


Brazilian real


2,5968




MXN


Mexican peso


15,8943




INR


Indian rupee


71,3510






(1)  Source: reference exchange rate published by the ECB.
Case C-585/12: Order of the President of the Court of 11 April 2013 — Shell Petroleum NV, The Shell Transport and Trading Company Ltd, Shell Nederland Verkoopmaatschappij BV v European Commission
Date: 2013-04-11
Institutions: Court of Justice
Subjects: equal treatment, fine, oil industry, proof, sale








C_2013225EN.01005903.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/59





Order of the President of the Court of 11 April 2013 — Shell Petroleum NV, The Shell Transport and Trading Company Ltd, Shell Nederland Verkoopmaatschappij BV v European Commission
(Case C-585/12) (1)

2013/C 225/129
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 55, 23.2.2013.
Special Report No 1/2013 ‘Has the EU support to the food-processing industry been effective and efficient in adding value to agricultural products?’
Date: 2013-04-11
Institutions: European Court of Auditors
Subjects: EU aid, agricultural product, food industry, product quality








C_2013105EN.01000901.xml










11.4.2013   


EN


Official Journal of the European Union


C 105/9





Special Report No 1/2013 ‘Has the EU support to the food-processing industry been effective and efficient in adding value to agricultural products?’
2013/C 105/04
The European Court of Auditors hereby informs you that Special Report No 1/2013 ‘Has the EU support to the food-processing industry been effective and efficient in adding value to agricultural products?’ 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.
Information communicated by Member States regarding closure of fisheries
Date: 2013-04-11
Institutions: European Commission
Subjects: EU waters, Norwegian Sea, United Kingdom, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








C_2013105EN.01001001.xml










11.4.2013   


EN


Official Journal of the European Union


C 105/10





Information communicated by Member States regarding closure of fisheries
2013/C 105/05
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


8.3.2013




Duration


8.3.2013-31.12.2013




Member State


United Kingdom




Stock or group of stocks


HER/1/2-




Species


Herring (Clupea harengus)




Zone


EU and international waters of I and II




Type(s) of fishing vessels


—




Reference number


FS01TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case C-290/12: Judgment of the Court (Eighth Chamber) of 11 April 2013 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — Oreste Della Rocca v Poste Italiane SpA (Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 2 — Scope of application of the Framework Agreement — Temporary employment business — Supply of temporary workers to a user undertaking — Successive fixed-term employment contracts)
Date: 2013-04-11
Institutions: Court of Justice
Subjects: European social policy, Italy, application of EU law, framework agreement, interpretation of the law, temporary employment








C_2013156EN.01001502.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/15





Judgment of the Court (Eighth Chamber) of 11 April 2013 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — Oreste Della Rocca v Poste Italiane SpA
(Case C-290/12) (1)

(Social policy - Directive 1999/70/EC - Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 2 - Scope of application of the Framework Agreement - Temporary employment business - Supply of temporary workers to a user undertaking - Successive fixed-term employment contracts)
2013/C 156/24
Language of the case: Italian

Referring court

Tribunale di Napoli

Parties to the main proceedings


Applicant: Oreste Della Rocca

Defendant: Poste Italiane SpA

Re:

Request for a preliminary ruling — Tribunale di Napoli — Interpretation of Clauses 2 and 5 of the Framework Agreement set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Scope — Applicability of that directive to temporary employment agencies — Possibility for those agencies to draw up successive fixed-term contracts with temporary workers owing to circumstances justifying the temporary nature of the employment relationship between the temporary worker and the undertaking making use of that worker

Operative part of the judgment

Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, and the Framework Agreement on fixed-term work, concluded on 18 March 1999, set out in the Annex to that directive, must be interpreted as not applying either to the fixed-term employment relationship between a temporary worker and a temporary employment business or to the employment relationship between such a worker and a user undertaking.


(1)  OJ C 243, 11.8.2012.
Case C-158/12: Judgment of the Court (Seventh Chamber) of 11 April 2013 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Environment — Directive 2008/1/EC — Article 5 — Integrated pollution prevention and control — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations operate in accordance with the requirements of that directive)
Date: 2013-04-11
Institutions: Court of Justice
Subjects: Ireland, agricultural holding, environmental protection, infringement of EU law, livestock farming, pollution control, poultry, swine








C_2013156EN.01001401.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/14





Judgment of the Court (Seventh Chamber) of 11 April 2013 — European Commission v Ireland
(Case C-158/12) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 2008/1/EC - Article 5 - Integrated pollution prevention and control - Conditions governing the granting of permits for existing installations - Obligation to ensure that such installations operate in accordance with the requirements of that directive)
2013/C 156/21
Language of the case: English

Parties


Applicant: European Commission (represented by: S. Petrova and K. Mifsud-Bonnici, Agents)

Defendant: Ireland (represented by: E. Creedon, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 5(1) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (OJ 2008 L 24, p. 8) — Conditions governing the granting of permits for existing installations — Obligation to ensure that such installations are operated in accordance with the requirements of the directive

Operative part of the judgment

The Court:






1.


Declares that, by not issuing permits in accordance with Articles 6 and 8 of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control or, as appropriate, by not reconsidering and, where necessary, by not updating permit conditions, in respect of 13 existing pig-rearing and poultry-rearing installations, and by thereby failing to ensure that all existing installations operate in accordance with Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2) of that directive by not later than 30 October 2007, Ireland has failed to fulfil its obligations under Article 5(1) of that directive;










2.


Orders Ireland to pay the costs.






(1)  OJ C 174, 16.6.2012.