do-me/EUR-LEX huggingface dataset:
2013/663/EU: Commission Implementing Decision of 14 November 2013 concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI)) (notified under document C(2013) 7626)
Date: 2013-11-14
Institutions: European Commission
Subjects: Germany, confectionery product, designation of origin, product designation








L_2013306EN.01004001.xml










16.11.2013   


EN


Official Journal of the European Union


L 306/40








            COMMISSION IMPLEMENTING DECISION
         
of 14 November 2013
         
concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications provided for in Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI))
(notified under document C(2013) 7626)
(Only the German text is authentic)
(2013/663/EU)


THE EUROPEAN COMMISSION,

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


Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 54(1) thereof,

Whereas:







(1)


The first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 provides that, apart from in the case of requests from the producers of the product sold under the registered name, the Commission may cancel the registration of a protected geographical indication where compliance with the conditions of the specification is not ensured or where no product has been placed on the market under the protected geographical indication for at least seven years.












(2)


The Commission has examined the request to cancel the registration of the protected geographical indication ‘Kołocz śląski/kołacz śląski’ submitted by Germany on 15 February 2013 and received on 18 February 2013.












(3)


This cancellation request does not fall into either of the two cases referred to in the first subparagraph of Article 54(1) of Regulation (EU) No 1151/2012 and does not therefore meet the conditions laid down in that Article.












(4)


In view of these elements, the request to cancel the protected geographical indication ‘Kołocz śląski/kołacz śląski’ submitted by Germany must be rejected.












(5)


The measure provided for in this Decision is in accordance with the opinion of the Committee for agricultural product quality policy,





HAS ADOPTED THIS DECISION:



Article 1
The request to cancel the protected geographical indication ‘Kołocz śląski/kołacz śląski’ is rejected.


Article 2
This Decision is addressed to the Federal Republic of Germany.




Done at Brussels, 14 November 2013.


For the Commission

Dacian CIOLOȘ
            

Member of the Commission






(1)  
            OJ L 343, 14.12.2012, p. 1.
Case C-576/13: Action brought on 14 November 2013 — European Commission v Kingdom of Spain
Date: 2013-11-14
Institutions: Court of Justice
Subjects: Spain, carriage of goods, harbour installation, infringement of EU law, port traffic, recruitment, right of establishment








C_2014024EN.01000701.xml










25.1.2014   


EN


Official Journal of the European Union


C 24/7





Action brought on 14 November 2013 — European Commission v Kingdom of Spain
(Case C-576/13)
2014/C 24/12
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: L. Nicolae and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought







—


Declare, pursuant to the first paragraph of Article 258 of the Treaty on the Functioning of the European Union, that, by requiring, as a general rule, cargo handling undertakings operating in Spanish ports of general interest to participate in a SAGEP (Sociedad Anónima de Gestión de Estibadores Portuarios, a public limited company for the management of port cargo handlers) and in any event by not permitting them to have recourse to the market, for the purposes of recruiting their own personnel, whether on a permanent or temporary basis, unless the workers put forward by the SAGEP are unsuitable or insufficient, the Kingdom of Spain has failed to fulfil its obligations under Article 49 of the Treaty on the Functioning of the European Union;










—


Order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The action brought by the European Commission against the Kingdom of Spain concerns the body of rules established by the Law on State Ports and the Merchant Navy in relation to cargo handling undertakings, with regard to the management of the workers involved in port cargo handling services.
The Commission takes the view that those rules — by requiring, as a general rule, cargo handling undertakings operating in Spanish ports of general interest to participate in a SAGEP and in any event by not permitting them to have recourse to the market, for the purposes of recruiting their own personnel, whether on a permanent or temporary basis, unless the workers put forward by the SAGEP are unsuitable or insufficient — are contrary to the Kingdom of Spain’s obligations under Article 49 of the Treaty on the Functioning of the European Union on freedom of establishment.
Letter of notification by the European Union to the Swiss Confederation of a technical amendment, by reason of the accession of Croatia, to Annex I to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments
Date: 2013-11-14
Institutions: European Union
Subjects: Croatia, Switzerland, accession to the European Union, agreement (EU), revision of an agreement, tax on investment income








L_2013303EN.01000101.xml










14.11.2013   


EN


Official Journal of the European Union


L 303/1







Letter of notification by the European Union to the Swiss Confederation of a technical amendment, by reason of the accession of Croatia, to Annex I to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments

Sir,
I have the honour to refer to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.
Due to the accession of Croatia, Annex I to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments requires a technical amendment in the form provided for by Article 21(2), first subparagraph of the Agreement.
Article 21(2), first subparagraph of the Agreement provides that the list of competent authorities in Annex I may be amended simply by notification of the other Contracting Party by Switzerland for the authority referred to in (a) therein and by the Community for the other authorities.
I hereby notify you on behalf of the Union that the competent authority for Croatia is:






—


in Croatia: Ministar financija or an authorised representative,




and that this mention has to be added into Annex I to the Agreement under letter (ac) after the competent authorities mentioned under letter (ab).
The application of the technical amendment provided for by this Notification shall have effect as of 1 July 2013.
Please accept, Sir, the assurance of our highest consideration,




For the European Union,
Heinz ZOUREK
            

Director-General of the Directorate-General Taxation and Customs Union
Case C-210/13: Order of the Court (Eighth Chamber) of 14 November 2013 (request for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Glaxosmithkline Biologicals SA, Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma GmbH & Co. KG v Comptroller-General of Patents, Designs and Trade Marks (Medicinal products for human use — Supplementary protection certificate — Regulation (EC) No 469/2009 — Concepts of ‘active ingredient’ and ‘combination of active ingredients’  — Adjuvant)
Date: 2013-11-14
Institutions: Court of Justice
Subjects: adjuvant, immunology, therapeutics, vaccine








C_2014102EN.01001002.xml










7.4.2014   


EN


Official Journal of the European Union


C 102/10





Order of the Court (Eighth Chamber) of 14 November 2013 (request for a preliminary ruling from the High Court of Justice (Chancery Division) — United Kingdom) — Glaxosmithkline Biologicals SA, Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma GmbH & Co. KG v Comptroller-General of Patents, Designs and Trade Marks
(Case C-210/13) (1)

((Medicinal products for human use - Supplementary protection certificate - Regulation (EC) No 469/2009 - Concepts of ‘active ingredient’ and ‘combination of active ingredients’ - Adjuvant))
2014/C 102/13
Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings


Applicants: Glaxosmithkline Biologicals SA, Glaxosmithkline Biologicals, Niederlassung der Smithkline Beecham Pharma GmbH & Co. KG

Defendants: Comptroller-General of Patents, Designs and Trade Marks

Re:

Request for a preliminary ruling — High Court of Justice (Chancery Division) — Interpretation of Article 1(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (OJ 2009 L 152, p. 1) — Concept of ‘active ingredient’ and ‘combination of active ingredients’ — Adjuvant which does not have a therapeutic effect of its own but enhances the therapeutic effect in an antigen.

Operative part of the order

Article 1(b) of Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products must be interpreted as meaning that, just as an adjuvant does not fall within the definition of ‘active ingredient’ within the meaning of that provision, so a combination of two substances, namely an active ingredient having therapeutic effects on its own, and an adjuvant which, while enhancing those therapeutic effects, has no therapeutic effect on its own, does not fall within the definition of ‘combination of active ingredients’ within the meaning of that provision.


(1)  OJ C 189, 29.6.2013.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2013-11-14
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, common market, control of State aid, innovation, research and development, small and medium-sized enterprises








C_2013330EN.01000801.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/8





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2013/C 330/07
PART I








Aid No


GBER 11/13/INN




EFTA State


Norway




Granting authority


Name


Buskerud fylkeskommune (Buskerud County)




Address







Postboks 3563




3007 Drammen




NORWAY








Web page


http://www.bfk.no




Title of the aid measure


Aid to Driv Inkubator AS in Buskerud county




National legal basis (reference to the relevant national official publication)


Letter of Commitment from Buskerud County to Driv Inkubator AS, 8 July 2013




Web link to the full text of the aid measure


http://www.bfk.no/Politikk-1/Motekalender/Hovedutvalget-for-regionalutvikling-og-kultur/#moter/2013/513
‘PS 13/8 (08/1795) Tilskudd til innovasjonsselskapene i Buskerud i 2013’




Type of measure


Ad hoc aid


X




Date of granting


Ad hoc aid


8.7.2013




Economic sector(s) concerned


All economic sectors eligible to receive aid


All sectors




Type of beneficiary


SME


SME




Budget


Annual overall amount of the budget planned under the scheme


NOK 1 million




Aid instrument (Article 5)


Grant


NOK 1 million




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME — bonuses in %




Aid for research, development and innovation
(Articles 30-37)


Aid for innovation advisory services and for innovation support services
(Article 36)


NOK 1 million
Case T-54/13: Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS) (Community trade mark — Application for figurative Community trade mark FICKEN LIQUORS — Absolute ground for refusal — Mark contrary to public policy or to accepted principles of morality — Article 7(1)(f) of Regulation (EC) No 207/2009)
Date: 2013-11-14
Institutions: General Court
Subjects: EU trade mark, beverage industry, registered trade mark, trade-mark law








C_2013377EN.01001502.xml










21.12.2013   


EN


Official Journal of the European Union


C 377/15





Judgment of the General Court of 14 November 2013 — Efag Trade Mark Company v OHIM (FICKEN LIQUORS)
(Case T-54/13) (1)

(Community trade mark - Application for figurative Community trade mark FICKEN LIQUORS - Absolute ground for refusal - Mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/2009)
2013/C 377/35
Language of the case: German

Parties


Applicant: Efag Trade Mark Company GmbH & Co. KG (Schemmerhofen, Germany) (represented by: M. Wekwerth, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 November 2012 (Case R 2544/2011-1) concerning an application for registration of the figurative mark FICKEN LIQUORS as a Community trade mark

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Order Efag Trade Mark Company GmbH & Co. KG to pay the costs.






(1)  OJ C 101, 6.4.2013.
Case C-638/11 P: Judgment of the Court (Fifth Chamber) of 14 November 2013 — Council of the European Union v Gul Ahmed Textile Mills Ltd, European Commission (Appeal — Dumping — Imports of cotton-type bed linen originating in Pakistan — Regulation (EC) No 384/96 — Article 3(7) — Concept of ‘other factors’ )
Date: 2013-11-14
Institutions: Court of Justice
Subjects: Pakistan, anti-dumping duty, cotton, import (EU), originating product, textile industry








C_2014009EN.01000501.xml










11.1.2014   


EN


Official Journal of the European Union


C 9/5





Judgment of the Court (Fifth Chamber) of 14 November 2013 — Council of the European Union v Gul Ahmed Textile Mills Ltd, European Commission
(Case C-638/11 P) (1)

(Appeal - Dumping - Imports of cotton-type bed linen originating in Pakistan - Regulation (EC) No 384/96 - Article 3(7) - Concept of ‘other factors’)
2014/C 9/06
Language of the case: English

Parties


Appellant: Council of the European Union (represented by: J.-P. Hix, Agent, and G. Berrisch, Rechtsanwalt)

Other parties to the proceedings: Gul Ahmed Textile Mills Ltd (represented by: L. Ruessmann, avocat), European Commission (represented by: A. Stobiecka-Kuik, Agent, and E. McGovern, Barrister)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 27 September 2011 in Case T-199/04 Gul Ahmed Textile Mills v Council which annulled, in so far as it concerned Gul Ahmed Textile Mills Ltd, Council Regulation (EC) No 397/2004 of 2 March 2004 imposing a definitive anti-dumping duty on imports of cotton-type bed linen originating in Pakistan (OJ 2004 L 66, p. 1) — Infringement of Article 3(7) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56, p. 1) — Determination of injury — Establishment of a causal link between the dumped imports and the injury caused — Factors to be taken into consideration

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 27 September 2011 in Case T-199/04 Gul Ahmed Textile Mills v Council;










2.


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










3.


Reserves the costs.






(1)  OJ C 65, 3.3.2012.
Prior notification of a concentration (Case COMP/M.6996 — Secop/ACC Austria)  Text with EEA relevance
Date: 2013-11-14
Institutions: European Commission
Subjects: economic concentration, household electrical appliance, merger control








C_2013330EN.01001101.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/11





Prior notification of a concentration
(Case COMP/M.6996 — Secop/ACC Austria)
(Text with EEA relevance)
2013/C 330/10






1.


On 6 November 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 Secop GmbH (‘Secop’, Germany) acquires within the meaning of Article 3 (1) (b) of the Merger Regulation the sole control of certain assets of ACC Austria GmbH (‘ACC Austria’, Austria).










2.


The business activities of the undertakings concerned are:






—


for Secop: production and supply of compressors for refrigeration purposes in household refrigerators and freezers, light commercial cooling applications and mobile applications,










—


for ACC Austria: production and supply of compressors for refrigeration purposes in household refrigerators and freezers.














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.6996 — Secop/ACC Austria, 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’).
Prior notification of a concentration (Case COMP/M.7045 — Allianz/BPE/parts of Pastor Vida) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-14
Institutions: European Commission
Subjects: Portugal, Spain, United States, economic concentration, financial services, insurance company, merger control, supplementary pension








C_2013330EN.01001201.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/12





Prior notification of a concentration
(Case COMP/M.7045 — Allianz/BPE/parts of Pastor Vida)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 330/11






1.


On 7 November 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 undertakings Allianz SE (‘Allianz’, Germany) and Banco Popular Español, SA (‘BPE’, Spain) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of parts of Pastor Vida, SA de Seguros y Reaseguros (‘the Acquired Business’, Spain) via Allianz Popular, SL (Spain) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Allianz: insurance and asset management worldwide,










—


for BPE: banking, insurance and asset management, mainly in Spain and Portugal, but also in the United States,










—


for the Acquired Business: life risk, and pension funds activities in Spain.














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.7045 — Allianz/BPE/parts of Pastor Vida, 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’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2013-11-14
Institutions: European Commission
Subjects: Hungary, State aid, audiovisual programme, control of State aid, culture, film industry








C_2013330EN.01000101.xml










14.11.2013   


EN


Official Journal of the European Union


C 330/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2013/C 330/01







Date of adoption of the decision


12.9.2013




Reference number of State aid


SA.36579 (13/N)




Member State


Hungary




Region


—


—




Title (and/or name of the beneficiary)


Filmszakmai támogatási program




Legal basis








—


Act II of 2004 on Motion Picture (consolidated text containing the previous amendments)










—


Act LXXXI of 1996 on Corporate and Dividend Tax










—


Decree 25/2008. (VIII. 8.) OKM of the Minister of Education and Culture on the rules of State aid of motion picture acivities other than film production










—


Draft decree of …/… EMMI on the amendment of decree 25/2008. (VIII. 8.) OKM








Type of measure


Scheme


—




Objective


Culture




Form of aid


Direct grant, Tax allowance




Budget








 


Overall budget: HUF 111 000 million










 


Annual budget: HUF 18 500 million








Intensity


50 %




Duration (period)


1.1.2014-31.12.2019




Economic sectors


Motion picture, video and television programme activities




Name and address of the granting authority







National Cultural Fund




Budapest




Gyulay Pál u. 13.




1085




MAGYARORSZÁG/HUNGARY









Hungarian National Film Fund




Budapest




Városligeti fasor 38.




1068




MAGYARORSZÁG/HUNGARY









Ministry of National Economy




Budapest




József nádor tér 4.




1051




MAGYARORSZÁG/HUNGARY









Ministry of Human Resources




Budapest




Szalay u. 10–14.




1055




MAGYARORSZÁG/HUNGARY








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/competition/elojade/isef/index.cfm