do-me/EUR-LEX huggingface dataset:
Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Amendment of public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2013-08-27
Institutions: European Commission
Subjects: France, air transport, inland transport, public service, transport regulations








C_2013246EN.01000401.xml










27.8.2013   


EN


Official Journal of the European Union


C 246/4





Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Amendment of public service obligations in respect of scheduled air services
(Text with EEA relevance)
2013/C 246/04






Member State


France




Route concerned


Rodez–Paris (Orly)




Original date of entry into force of the public service obligations


1 June 1997




Date of entry into force of the changes


The day after the publication of this notice




Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained


Decree of 17 May 2013 amending public service obligations imposed on scheduled air services between Rodez and Paris (Orly)
NOR: DEVA1309961A
http://www.legifrance.gouv.fr/initRechTexte.do
Contact:





Direction générale de l'aviation civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tel. +33 158094321




E-mail: osp-compagnies.dta@aviation-civile.gouv.fr
Commission Regulation (EU) No 823/2013 of 27 August 2013 establishing a prohibition of fishing for saithe in VI; EU and international waters of Vb, XII and XIV flying the flag of Spain
Date: 2013-08-27
Institutions: European Commission
Subjects: Azores, EU waters, Greenland, North Sea, Scotland, Spain, catch by species, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2013232EN.01000701.xml










30.8.2013   


EN


Official Journal of the European Union


L 232/7








            COMMISSION REGULATION (EU) No 823/2013
of 27 August 2013
         
establishing a prohibition of fishing for saithe in VI; EU and international waters of Vb, XII and XIV 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 40/2013 of 21 January 2013 fixing for 2013 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 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, 27 August 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. 54.




ANNEX






No


18/TQ40




Member State


Spain




Stock


POK/56-14




Species


Saithe (Pollachius virens)




Zone


VI; EU and international waters of Vb, XII and XIV




Date


12.7.2013
Prior notification of a concentration (Case COMP/M.6949 — JP Morgan/Findus) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-08-27
Institutions: European Commission
Subjects: economic concentration, financial services, food industry, merger control








C_2013246EN.01000801.xml










27.8.2013   


EN


Official Journal of the European Union


C 246/8





Prior notification of a concentration
(Case COMP/M.6949 — JP Morgan/Findus)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 246/06






1.


On 12 August 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 JP Morgan Chase & Co. (‘JP Morgan’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Findus Group Limited (‘Findus’, United Kingdom).










2.


The business activities of the undertakings concerned are:






—


for JP Morgan: global financial service firm active in investment banking, asset management, private banking, private wealth management, and treasury and securities services,










—


for Findus: production and supply of frozen and chilled food products for the retail and food service sectors.














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.6949 — JP Morgan/Findus, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 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’).
Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2013-08-27
Institutions: European Commission
Subjects: France, air transport, inland transport, invitation to tender, public service, transport regulations








C_2013246EN.01000201.xml










27.8.2013   


EN


Official Journal of the European Union


C 246/2





Commission notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2013/C 246/02






Member State


France




Route concerned


Tarbes–Paris (Orly)




Period of validity of the contract


From 1 June 2014 to 31 May 2018




Deadline for submission of applications and tenders


20 November 2013, before 12 noon, Paris time (France)




Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligations can be obtained







Syndicat mixte de la zone aéroportuaire Tarbes–Lourdes–Pyrénées




For the attention of Mr Le HOUELLEUR




Téléport 1




Zone tertiaire Pyrène Aéro Pôle




65290 Juillan




FRANCE




Tel. +33 562325651




Fax +33 562329207




E-mail: syndicat.mixte@pyrenia.fr
Case C-465/13: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 27 August 2013 — Europäische Schule München v Barbara O’Leary
Date: 2013-08-27
Institutions: Court of Justice
Subjects: European school, collective agreement, recruitment, teacher, work contract








C_2013336EN.01000702.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/7





Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 27 August 2013 — Europäische Schule München v Barbara O’Leary
(Case C-465/13)
2013/C 336/17
Language of the case: German

Referring court

Bundesarbeitsgericht

Parties to the main proceedings


Appellant on a point of law: Europäische Schule München

Respondent on a point of law: Barbara O’Leary

Questions referred







1.


Is the first sentence of Article 27(2) of the Convention defining the Statute of the European Schools of 21 June 1994 (SES) (1) to be interpreted as meaning that part-time teachers employed by a European School, who are not seconded by the Member States, are persons covered by the Convention and are not — unlike the administrative and ancillary staff — excepted from the application of that provision?










2.


If the Court of Justice answers the first question in the affirmative:
Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that that provision also covers the legality of any act, based on the Convention or on the rules made under it, which is performed in relation to part-time teachers by the headteacher of a school in the exercise of his powers as specified by that Convention and which adversely affects such teachers?










3.


If the Court of Justice answers the second question in the affirmative:
Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the conclusion of a contract between the headteacher of a European School and a part-time teacher concerning the fixed-term nature of the part-time teacher’s employment relationship also constitutes an act which is performed by the headteacher in relation to that part-time teacher and which adversely affects the latter?










4.


If the Court of Justice answers the second or third question in the negative:
Is the first sentence of Article 27(2) of the SES to be interpreted as meaning that the Complaints Board referred to therein has exclusive jurisdiction in the first and final instance, once all administrative channels have been exhausted, in any dispute relating to the fixed-term nature of a contract of employment which the headteacher of a school concludes with a part-time teacher if that contract is essentially based on the requirement of the Board of Governors in point 1.3 of the Conditions of Employment for Part-time Teachers recruited after 31 August 1994, which provides for ‘annual contracts’?






(1)  OJ 1994 L 212, p. 3.
Commission Regulation (EU) No 821/2013 of 27 August 2013 establishing a prohibition of fishing for redfish in NAFO Area 3M by vessels flying the flag of a Member State of the European Union
Date: 2013-08-27
Institutions: European Commission
Subjects: Atlantic Ocean, EU Member State, North-West Atlantic Fisheries Organisation, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013232EN.01000301.xml










30.8.2013   


EN


Official Journal of the European Union


L 232/3








            COMMISSION REGULATION (EU) No 821/2013
of 27 August 2013
         
establishing a prohibition of fishing for redfish in NAFO Area 3M by vessels flying the flag of a Member State of the European Union


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 40/2013 of 21 January 2013 fixing for 2013 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 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, 27 August 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. 54.




ANNEX






Member State


European Union (All Member States)




Stock


RED/N3M




Species


Redfish (Sebastes spp)




Zone


NAFO 3M




Closing date


30.7.2013
Commission Regulation (EU) No 822/2013 of 27 August 2013 establishing a prohibition of fishing for sprat in Union waters of Subdivisions 22-32 by vessels flying the flag of Poland
Date: 2013-08-27
Institutions: European Commission
Subjects: Baltic Sea, EU waters, Poland, catch by species, catch quota, fishing rights, sea fish, ship's flag








L_2013232EN.01000501.xml










30.8.2013   


EN


Official Journal of the European Union


L 232/5








            COMMISSION REGULATION (EU) No 822/2013
of 27 August 2013
         
establishing a prohibition of fishing for sprat in Union waters of Subdivisions 22-32 by vessels flying the flag of Poland


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 1088/2012 of 20 November 2012 fixing for 2013 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea (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, 27 August 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 323, 22.11.2012, p. 2.




ANNEX






No


19/BAL




Member State


Poland




Stock


SPR/3BCD-C




Species


Sprat (Sprattus sprattus)





Zone


Union waters of Subdivisions 22-32




Date


12.7.2013
Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Amendment of public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2013-08-27
Institutions: European Commission
Subjects: France, air transport, inland transport, public service, transport regulations








C_2013246EN.01000301.xml










27.8.2013   


EN


Official Journal of the European Union


C 246/3





Commission notice pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Amendment of public service obligations in respect of scheduled air services
(Text with EEA relevance)
2013/C 246/03






Member State


France




Route concerned


Tarbes–Paris (Orly)




Original date of entry into force of the public service obligations


1 May 2004




Date of entry into force of the changes


1 June 2014




Address where the text and any relevant information and/or documentation relating to the public service obligation can be obtained


Decree of 26 July 2013 amending the public service obligations imposed on scheduled air services between Tarbes and Paris (Orly)
NOR: DEVA1317145A
http://www.legifrance.gouv.fr/initRechTexte.do
Contact:





Direction générale de l'aviation civile




DTA/SDT/T2




50 rue Henry Farman




75720 Paris Cedex 15




FRANCE




Tel. +33 158094321




E-mail: osp-compagnies.dta@aviation-civile.gouv.fr
Acknowledgement of receipt of complaint CHAP(2013) 2466
Date: 2013-08-27
Institutions: European Commission
Subjects: Gibraltar, Spain, border control, complaint to the Commission, external border of the EU








C_2013246EN.01000901.xml










27.8.2013   


EN


Official Journal of the European Union


C 246/9





Acknowledgement of receipt of complaint CHAP(2013) 2466
2013/C 246/07






1.


The European Commission has received, and continues to receive, a series of complaints about the checks made by the Spanish authorities at the border with Gibraltar.










2.


The Commission has registered, and will continue to register, these complaints under reference number CHAP(2013) 2466.










3.


Given the significant number of complaints it has received on this subject, the Commission, with a view to responding swiftly and informing those concerned while making the most economical use of its administrative resources, is publishing this acknowledgment of receipt in the Official Journal of the European Union, and on the Internet at:
http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm










4.


The complainants will be informed, through the same channels, of the results of the Commission's examination of these complaints and of any follow-up action that it may decide to take.
Case C-466/13 P: Appeal brought on 27 August 2013 by Repsol, SA against the judgment of the General Court (Seventh Chamber) delivered on 27 June 2013 in Case T-89/12 Repsol YPF v OHIM — Ajuntament de Roses ®
Date: 2013-08-27
Institutions: Court of Justice
Subjects: EU trade mark, Spain, consumer protection, oil industry, registered trade mark, trade-mark law








C_2013313EN.01001302.xml










26.10.2013   


EN


Official Journal of the European Union


C 313/13





Appeal brought on 27 August 2013 by Repsol, SA against the judgment of the General Court (Seventh Chamber) delivered on 27 June 2013 in Case T-89/12 Repsol YPF v OHIM — Ajuntament de Roses ®
(Case C-466/13 P)
2013/C 313/23
Language of the case: Spanish

Parties


Appellant: Repsol, SA (represented by: L. Montoya Terán and J. Devaureix, abogados)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The appellant claims that the Court of Justice should:






—


set aside in its entirety the judgment of the General Court of 27 June 2013 in Case T-89/12, notified on 28 June 2013;










—


uphold all of the forms of order sought at first instance;










—


order the respondent to pay the costs.





Ground of appeal and main arguments







1.


In relation to a certain practice of OHIM in registering marks and of the case-law of the General Court, corrective action is required which applies in an effective manner the reciprocal relationship between the distinctive character of an earlier mark and its scope of protection.










2.


In the judgment under appeal, the General Court contradicted itself in its reasoning and the conclusions which it reached in relation to the lack of similarity between the signs (it considered that they have more differences than similarities, though recognised that they are similar) and the weak or lack of distinctiveness of the earlier mark (it considered that it was a weak mark, but failed to take account of that weakness when assessing whether there was a likelihood of confusion).










3.


The General Court ignored the fact that the essential and distinctive characteristics of the opposing mark (capital letter ‘R’ inside a circle) cannot be monopolised by any third party. Consequently, the requirement that usual signs be made available on the market has not been respected.










4.


The General Court failed to take account of judgments of the Spanish Supreme Court in similar cases. Account should be taken of those cases since they adopt the point of view of the relevant consumer, namely the Spanish consumer.










5.


It is clear from the above that the judgment of the General Court is vitiated by legal errors. It must thus be set aside in accordance with the form of order sought.