do-me/EUR-LEX huggingface dataset:
Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-18/13)
Date: 2013-07-10
Institutions: EFTA Court
Subjects: EU emission allowance, Iceland, atmospheric pollutant, infringement of EU law, national implementing measure








C_2013294EN.01000501.xml










10.10.2013   


EN


Official Journal of the European Union


C 294/5





Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland
(Case E-18/13)
2013/C 294/05
An action against Iceland was brought before the EFTA Court on 10 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis, Auður Ýr Steinarsdóttir and Maria Moustakali, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement the Act referred to at point 21ar of Annex XX to the Agreement on the European Economic Area (Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;










2.


order Iceland to bear the costs of these proceedings.




Legal and factual background and pleas in law adduced in support:






—


The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 3 December 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 3 October 2012 regarding that State’s failure to implement into its national legal order Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (‘the Act’), as referred to at point 21ar of Annex XX to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.










—


The EFTA Surveillance Authority submits that Iceland has not disputed that there is still delay in implementing Article 2 of the Act and that it has no information before it that could indicate that the Act has been fully implemented. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 15 of the Act in conjunction with Decision of the EEA Joint Committee No 149/2009, and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement the Act within the time prescribed.
Prior notification of a concentration (Case COMP/M.6972 — BC Partners/Springer Science + Business Media) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-07-10
Institutions: European Commission
Subjects: book trade, economic concentration, investment company, merger control, popularising science, publishing, serial publication








C_2013197EN.01001601.xml










10.7.2013   


EN


Official Journal of the European Union


C 197/16





Prior notification of a concentration
(Case COMP/M.6972 — BC Partners/Springer Science + Business Media)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 197/05






1.


On 3 July 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 BC European Capital IX (‘BC Fund’, UK) acting by its general partner CIE Management IX Limited (‘CIE IX’, UK) and ultimately controlled by BC Partners Holdings Limited (‘BC Partners Holdings’, UK) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the undertaking Springer Science + Business Media AG (‘SSBM’, Germany), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


BC Partners Holdings acts as holding company of BC private equity funds,










—


SSBM is active in the market for publishing of academic and professional books and journals in scientific, technical and medical fields.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6972 — BC Partners/Springer Science + Business Media, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




Place Madou 1




1210 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-363/13: Action brought on 10 July 2013 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC intimate)
Date: 2013-07-10
Institutions: General Court
Subjects: EU trade mark, pharmaceutical product, registered trade mark, trade-mark law








C_2013274EN.01001801.xml










21.9.2013   


EN


Official Journal of the European Union


C 274/18





Action brought on 10 July 2013 — Harper Hygienics v OHIM — Clinique Laboratories (CLEANIC intimate)
(Case T-363/13)
2013/C 274/30
Language in which the application was lodged: Polish

Parties


Applicant: Harper Hygienics S.A. (Warsaw, Poland) (represented by: R. Rumpel, legal adviser)

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

Other party to the proceedings before the Board of Appeal: Clinique Laboratories LLC (New York, United States of America)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 April 2013 (Case R 606/2012-5) in so far as it refuses registration of ‘CLEANIC intimate’ as a Community trade mark for all goods in Classes 3 and 16 and for certain goods in Class 5;










—


amend the contested decision by registering the trade mark for all goods and services applied for;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: figurative trade mark containing the word elements ‘CLEANIC intimate’ for goods in Classes 3, 5 and 16 — Application No 009 217 531 for a Community trade mark

Proprietor of the mark or sign cited in the opposition proceedings: Clinique Laboratories LLC

Mark or sign cited in opposition: Community trade marks No 54 429 for goods in Classes 3, 14, 25 and 42 and No 2 294 429 for goods in Classes 35 and 42

Decision of the Opposition Division: opposition upheld in part

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009 (1) as regards establishment of the similarity of the trade marks and of the likelihood of confusion on the part of consumers, and breach of Article 8(5) of that regulation


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case T-3/12: Judgment of the General Court of 10 July 2013 — Kreyenberg v OHIM — Commission (MEMBER OF €e euro experts) (Community trade mark — Invalidity proceedings — Figurative Community trade mark MEMBER OF €e euro experts — Absolute ground for refusal — Symbols of the European Union and its spheres of activity — Euro symbol — Article 7(1)(i) of Regulation (EC) No 207/2009)
Date: 2013-07-10
Institutions: General Court
Subjects: EU trade mark, euro, graphic illustration, registered trade mark, trade-mark law








C_2013245EN.01000901.xml










24.8.2013   


EN


Official Journal of the European Union


C 245/9





Judgment of the General Court of 10 July 2013 — Kreyenberg v OHIM — Commission (MEMBER OF €e euro experts)
(Case T-3/12) (1)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark MEMBER OF €e euro experts - Absolute ground for refusal - Symbols of the European Union and its spheres of activity - Euro symbol - Article 7(1)(i) of Regulation (EC) No 207/2009)
2013/C 245/12
Language of the case: German

Parties


Applicant: Heinrich Kreyenberg (Ratingen, Germany) (represented by: J. Krenzel, lawyer)

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

Other party to the proceedings before the Board of Appeal: European Commission

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 5 October 2011 (Case R 1804/2010-2) concerning invalidity proceedings between the European Commission and Mr Heinrich Kreyenberg.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Heinrich Kreyenberg to bear his own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 65, 3.3.2012.
Euro exchange rates
Date: 2013-07-10
Institutions: European Commission
Subjects: euro, exchange rate








C_2013197EN.01000501.xml










10.7.2013   


EN


Official Journal of the European Union


C 197/5





Euro exchange rates (1)

9 July 2013
2013/C 197/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2857




JPY


Japanese yen


130,07




DKK


Danish krone


7,4587




GBP


Pound sterling


0,86500




SEK


Swedish krona


8,7194




CHF


Swiss franc


1,2452




ISK


Iceland króna


 




NOK


Norwegian krone


7,9000




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,875




HUF


Hungarian forint


292,95




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7025




PLN


Polish zloty


4,3263




RON


Romanian leu


4,4478




TRY


Turkish lira


2,4955




AUD


Australian dollar


1,4024




CAD


Canadian dollar


1,3558




HKD


Hong Kong dollar


9,9733




NZD


New Zealand dollar


1,6359




SGD


Singapore dollar


1,6435




KRW


South Korean won


1 468,89




ZAR


South African rand


12,9045




CNY


Chinese yuan renminbi


7,8811




HRK


Croatian kuna


7,5210




IDR


Indonesian rupiah


12 802,21




MYR


Malaysian ringgit


4,0986




PHP


Philippine peso


55,971




RUB


Russian rouble


42,3985




THB


Thai baht


40,230




BRL


Brazilian real


2,9085




MXN


Mexican peso


16,5200




INR


Indian rupee


77,3280






(1)  Source: reference exchange rate published by the ECB.
Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland (Case E-17/13)
Date: 2013-07-10
Institutions: EFTA Court
Subjects: Iceland, banking, credit guarantee, infringement of EU law, national implementing measure








C_2013294EN.01000601.xml










10.10.2013   


EN


Official Journal of the European Union


C 294/6





Action brought on 10 July 2013 by the EFTA Surveillance Authority against Iceland
(Case E-17/13)
2013/C 294/06
An action against Iceland was brought before the EFTA Court on 10 July 2013 by the EFTA Surveillance Authority, represented by Xavier Lewis and Clémence Perrin, acting as Agents of the EFTA Surveillance Authority, 35 Rue Belliard, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


declare that by failing (i) to adopt, or (ii) to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement Article 2 of the Act referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area (Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Iceland has failed to fulfil its obligations under the Act and under Article 7 of the Agreement;










2.


order Iceland to bear the costs of these proceedings.




Legal and factual background and pleas in law adduced in support:






—


The present application by the EFTA Surveillance Authority addresses Iceland’s failure to comply, no later than 12 November 2012, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 September 2012 regarding that State’s failure to implement into its national legal order Article 2 of Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims (‘the Act’), as referred to at point 16b, first indent, of Annex IX and point 4, first indent, of Annex XII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto.










—


The EFTA Surveillance Authority submits that Iceland has not disputed that there is a continued delay in implementing Article 2 of the Act. As a result, the EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 3 of the Act and under Article 7 of the EEA Agreement by failing to adopt or to notify the measures necessary to implement Article 2 of the Act within the time prescribed.
Commission Regulation (EU) No 663/2013 of 10 July 2013 establishing a prohibition of fishing for Common sole in areas VIIIa and VIIIb by vessels flying the flag of Spain
Date: 2013-07-10
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013191EN.01000501.xml










12.7.2013   


EN


Official Journal of the European Union


L 191/5








            COMMISSION REGULATION (EU) No 663/2013
of 10 July 2013
         
establishing a prohibition of fishing for Common sole in areas VIIIa and VIIIb by vessels flying the flag of Spain


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 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2013.












(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 2013.












(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 2013 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, 10 July 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 23, 25.1.2013, p. 1.




ANNEX






No


11/TQ39




Member State


Spain




Stock


SOL/8AB.




Species


Common Sole (Solea solea)




Zone


VIIIa and VIIIb




Date


22.6.2013
Case C-123/12: Order of the President of the Forth Chamber of the Court of 10 July 2013 (request for a preliminary ruling from the Tribunalul Giurgiu — Romania) — SC Volksbank România SA v Comisariatul Județean pentru Protecția Consumatorilor Giurgiu
Date: 2013-07-10
Institutions: Court of Justice
Subjects: administrative contract, bank charges, credit, credit institution, interest, interpretation of the law, national implementing measure, prices, unfair terms of contract








C_2013304EN.01000802.xml










19.10.2013   


EN


Official Journal of the European Union


C 304/8





Order of the President of the Forth Chamber of the Court of 10 July 2013 (request for a preliminary ruling from the Tribunalul Giurgiu — Romania) — SC Volksbank România SA v Comisariatul Județean pentru Protecția Consumatorilor Giurgiu
(Case C-123/12) (1)

2013/C 304/15
Language of the case: Romanian
The President of the Forth Chamber has ordered that the case be removed from the register.


(1)  OJ C 151, 26.5.2012.