do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.7086 — Fondo Strategico Italiano/Ansaldo Energia)  Text with EEA relevance
Date: 2013-12-10
Institutions: European Commission
Subjects: Italy, economic concentration, economic growth, energy production, holding company, merger control








C_2013360EN.01000702.xml










10.12.2013   


EN


Official Journal of the European Union


C 360/7





Non-opposition to a notified concentration
(Case COMP/M.7086 — Fondo Strategico Italiano/Ansaldo Energia)
(Text with EEA relevance)
2013/C 360/06
On 3 December 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 32013M7086. EUR-Lex is the online access to the European law.
Case T-656/13: Action brought on 10 December 2013 — The Smiley Company v OHIM (Shape of a cookie)
Date: 2013-12-10
Institutions: General Court
Subjects: EU trade mark, clothing industry, registered trade mark, trade-mark law








C_2014061EN.01001003.xml










1.3.2014   


EN


Official Journal of the European Union


C 61/10





Action brought on 10 December 2013 — The Smiley Company v OHIM (Shape of a cookie)
(Case T-656/13)
2014/C 61/18
Language of the case: English

Parties


Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 8 October 2013 given in Case R 997/2013-4;










—


Order the defendant to bear the costs of proceedings.





Pleas in law and main arguments


Community trade mark concerned: The three-dimensional trade mark representing a shape of a cookie with a smiling face for goods in Classes 29 and 30 — Community trade mark application No 11 133 683

Decision of the Examiner: Rejected partially the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7 (1) (b) CTMR
Case T-357/13: Order of the General Court of 10 December 2013 — European Space Imaging v Commission
Date: 2013-12-10
Institutions: General Court
Subjects: common agricultural policy, invitation to tender, principle of proportionality, provision of documents, satellite communications, transparency in decision-making








C_2014045EN.01004502.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/45





Order of the General Court of 10 December 2013 — European Space Imaging v Commission
(Case T-357/13) (1)

2014/C 45/82
Language of the case: German
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 260, 7.9.2013.
Case C-653/13: Action brought on 10 December 2013 — European Commission v Italian Republic
Date: 2013-12-10
Institutions: Court of Justice
Subjects: Campania, Italy, enforcement of ruling, fine, judgment of the Court (EU), waste disposal








C_2014093EN.01001901.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/19





Action brought on 10 December 2013 — European Commission v Italian Republic
(Case C-653/13)
2014/C 93/30
Language of the case: Italian

Parties


Applicant: European Commission (represented by: D. Recchia and E. Sanfrutos Cano, Agents)

Defendant: Italian Republic

Form of order sought

The Commission claims that the Court should:






—


declare that the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU by failing to adopt all the measures necessary to comply with the judgment of the Court of Justice of the European Union in Case C-297/08 Commission v Italy [2010], in which it was held that, by failing to adopt, for the region of Campania, all the measures necessary to ensure that waste is recovered and disposed of without endangering human health and without harming the environment and, in particular, by failing to establish an integrated and adequate network of disposal installations, the Italian Republic had failed to fulfil its obligations under Articles 4 and 5 of Directive 2006/12/EC; (1)











—


order the Italian Republic to pay the Commission a daily penalty of EUR 256 819,20 (that is, EUR 85 606,40 per day per installation category), minus any reductions which may follow from the gradual reduction formula proposed, from the day of delivery of the judgment in the present case until the day on which the judgment in Case C-297/08 is complied with;










—


order the Italian Republic to pay the Commission a lump sum, that sum being the product of multiplying a daily sum of EUR 28 089,60 by the number of days of continued infringement from the day on which the judgment in Case C-297/08 was delivered until the day of delivery of the judgment in the present case;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The Commission claims that Italy has failed to adopt the measures necessary to comply with the judgment of the Court in Case C-297/08. According to the Commission, the proposed penalty (a daily penalty payment plus a lump sum payment) is commensurate with the seriousness and duration of the infringement and takes into account the need to ensure that the penalty is a deterrent against further infringements.


(1)  Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ 2006 L 11, p. 9).
Communication from the Commission concerning the prolongation of the application of the Community framework for State aid for research and development and innovation
Date: 2013-12-10
Institutions: European Commission
Subjects: EU control, State aid, control of State aid, innovation, research and development, single market








C_2013360EN.01000101.xml










10.12.2013   


EN


Official Journal of the European Union


C 360/1





Communication from the Commission concerning the prolongation of the application of the Community framework for State aid for research and development and innovation
2013/C 360/01
According to its point 10.3, second paragraph, the Community framework for State aid for research and development and innovation (‘the R&D&I Framework’) (1) is applicable until 31 December 2013.
In its communication on EU State Aid Modernisation of 8 May 2012 (2), the Commission launched an ambitious reform programme which includes identifying common principles for assessing the compatibility of aid with the internal market. As a consequence, the various State aid guidelines and frameworks are being revised and streamlined to ensure consistency with those common principles.
The revision of the R&D&I Framework takes place in the context of the overall process to modernise State aid rules, and is in particular closely interlinked with the parallel development of the future General Block Exemption Regulation. In order to ensure a consistent approach across all State aid instruments, and having regard to the need for continuity and legal certainty in the treatment of State aid for research and development and innovation, the Commission has therefore decided to continue to apply the R&D&I Framework until 30 June 2014.
In the light of the extension of its period of validity, Member States may also want to prolong those aid schemes authorised by the Commission after assessment under the R&D&I Framework, and which would otherwise lapse on 31 December 2013, for a similar period. In order to reduce the related administrative burden, the prolongation of all such schemes can be subject of a single notification under the simplified procedure laid down in Article 4 of the Implementing Regulation (3).


(1)  OJ C 323, 31.12.2006, p. 1.

(2)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU State Aid Modernisation (SAM), COM(2012) 209 final.

(3)  Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 140, 30.4.2004, p. 1).
Case T-150/11: Order of the General Court of 10 December 2013 — Government of Aragón and Others v Council (Action for annulment — State aid — Decision concerning aid to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility)
Date: 2013-12-10
Institutions: General Court
Subjects: Aragon, Castile-Leon, Principality of Asturias, State aid, coal industry, control of State aid, domestic market, natural resources








C_2014045EN.01003001.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/30





Order of the General Court of 10 December 2013 — Government of Aragón and Others v Council
(Case T-150/11) (1)

(Action for annulment - State aid - Decision concerning aid to facilitate the closure of uncompetitive coal mines - Partial annulment - Non-severability - Inadmissibility)
2014/C 45/48
Language of the case: Spanish

Parties


Applicants: Government of Aragón (Spain); Principado de Asturias (Spain); and Junta de Castilla y León (represented by: C. Fernández Vicién, I. Moreno-Tapia Rivas, E. Echeverría Álvarez and M. López Garrido, lawyers)

Defendant: Council of the European Union (represented by: A. Lo Monaco and F. Florindo Gijón, Agents)

Intervener in support of the defendant: European Commission (represented by: É. Gippini Fournier, L. Flynn and C. Urraca Caviedes, Agents)

Re:

Application for partial annulment of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24).

Operative part of the order







1.


The application is dismissed as inadmissible.










2.


The Government of Aragón (Spain), the Principado de Asturias (Spain) and the Junta de Castilla y León (Spain) are ordered to bear their own costs and, in addition, to pay those incurred by the Council of the European Union.










3.


The European Commission is ordered to bear its own costs.






(1)  OJ C 130, 30.4.2011.
European Parliament legislative resolution of 10 December 2013 on the proposal for a Council regulation opening and providing for the administration of autonomous tariff quotas of the Union on imports of certain fishery products into the Canary Islands from 2014 to 2020 (COM(2013)0552 — C7-0262/2013 — 2013/0266(CNS))
Date: 2013-12-10
Institutions: Committee on Fisheries, Committee on Regional Development, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: Canary Islands, Spain, consultation procedure, fishery product, import (EU), originating product, tariff quota








C_2016468EN.01022401.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/224





P7_TA(2013)0528
Imports of certain fishery products into the Canary Islands from 2014 to 2020 *
European Parliament legislative resolution of 10 December 2013 on the proposal for a Council regulation opening and providing for the administration of autonomous tariff quotas of the Union on imports of certain fishery products into the Canary Islands from 2014 to 2020 (COM(2013)0552 — C7-0262/2013 — 2013/0266(CNS))
(Special legislative procedure — consultation)
(2016/C 468/42)

The European Parliament,






—


having regard to the Commission proposal to the Council (COM(2013)0552),










—


having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0262/2013),










—


having regard to Rule 55 of its Rules of Procedure,










—


having regard to the report of the Committee on Fisheries (A7-0415/2013),












1.


Approves the Commission proposal;












2.


Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;












3.


Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;












4.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.
European Parliament legislative resolution of 10 December 2013 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China pursuant to Article XXIV: 6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (16112/2012 — C7-0285/2013 — 2012/0304(NLE))
Date: 2013-12-10
Institutions: Committee on Foreign Affairs, Committee on International Trade, European Parliament
Subjects: Bulgaria, China, GATT, Romania, accession to the European Union, agreement (EU), consent procedure, ratification of an agreement, tariff preference








C_2016468EN.01022101.xml










15.12.2016   


EN


Official Journal of the European Union


C 468/221





P7_TA(2013)0525
EU-China Agreement relating to the modification of concessions in the schedules of Bulgaria and Romania in the course of their accession to the EU ***
European Parliament legislative resolution of 10 December 2013 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China pursuant to Article XXIV: 6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (16112/2012 — C7-0285/2013 — 2012/0304(NLE))
(Consent)
(2016/C 468/39)

The European Parliament,






—


having regard to the draft Council decision (16112/2012),










—


having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China pursuant to Article XXIV: 6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (16118/2012),










—


having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0285/2013),










—


having regard to Rules 81 and 90(7) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A7-0332/2013),












1.


Consents to conclusion of the agreement;












2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the People's Republic of China.
Case T-176/11: Order of the General Court of 10 December 2013 — Carbunión v Council (Action for annulment — State aid — Decision on aid intended to facilitate the closure of uncompetitive coal mines — Partial annulment — Non-severability — Inadmissibility)
Date: 2013-12-10
Institutions: General Court
Subjects: State aid, cessation of trading, control of State aid, mining operation








C_2014039EN.01002001.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/20





Order of the General Court of 10 December 2013 — Carbunión v Council
(Case T-176/11) (1)

(Action for annulment - State aid - Decision on aid intended to facilitate the closure of uncompetitive coal mines - Partial annulment - Non-severability - Inadmissibility)
2014/C 39/33
Language of the case: English

Parties


Applicant: Federación Nacional de Empresarios de Minas de Carbón (Carbunión) (Madrid (Spain)) (represented by: K. Desai, Solicitor, S. Cisnal de Ugarte and M. Peristeraki, lawyers)

Defendant: Council of the European Union (represented initially by: F. Florindo Gijón and A. Lo Monaco, and subsequently by: F. Florindo Gijón and K. Michoel, acting as Agents)

Intervener in support of the defendant: European Commission (represented by É. Gippini Fournier, L. Flynn and C. Urraca Caviedes, acting as Agents)

Re:

Application for partial suspension of operation of Council Decision 2010/787/EU of 10 December 2010 on State aid to facilitate the closure of uncompetitive coal mines (OJ 2010 L 336, p. 24)

Operative part of the order







1.


The action is dismissed as being inadmissible.










2.


The Federación Nacional de Empresarios de Minas de Carbón (Carbunión) shall, in addition to bearing its own costs, pay the costs incurred by the Council of the European Union, including those relating to the proceedings for interim measures.










3.


The European Commission shall bear its own costs.






(1)  OJ C 152, 21.5.2011.
Commission Regulation (EU) No 1283/2013 of 10 December 2013 correcting the French language version of Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein
Date: 2013-12-10
Institutions: European Commission
Subjects: export licence, import licence, marketing, protected species, protection of animal life, protection of plant life, technical regulations








L_2013332EN.01001401.xml










11.12.2013   


EN


Official Journal of the European Union


L 332/14








            COMMISSION REGULATION (EU) No 1283/2013
of 10 December 2013
         
correcting the French language version of Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (1), and in particular Article 19(2), (3) and (4) thereof,

Whereas:







(1)


There is an error in the French language version of Annex VII to Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (2). The error, which does not affect the validity of permits and certificates or permit and certificate applications, concerns the code assigned to the description of the specimen ‘Caviar’.












(2)


Regulation (EC) No 865/2006 should therefore be corrected accordingly.












(3)


The measures provided for in this Regulation are in accordance with the opinion of the Committee on Trade in Wild Fauna and Flora,





HAS ADOPTED THIS REGULATION:



Article 1
Concerns only the French 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, 10 December 2013.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 61, 3.3.1997, p. 1.

(2)  
            OJ L 166, 19.6.2006, p. 1.
Case T-664/13: Action brought on 10 December 2013 — Petco Animal Supplies Stores v OHIM — Gutiérrez Ariza (PETCO)
Date: 2013-12-10
Institutions: General Court
Subjects: EU trade mark, food industry, pet food, registered trade mark, trade-mark law








C_2014112EN.01003501.xml










14.4.2014   


EN


Official Journal of the European Union


C 112/35





Action brought on 10 December 2013 — Petco Animal Supplies Stores v OHIM — Gutiérrez Ariza (PETCO)
(Case T-664/13)
2014/C 112/47
Language in which the application was lodged: English

Parties


Applicant: Petco Animal Supplies Stores, Inc. (San Diego, United States) (represented by: C. Aikens, Barrister)

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

Other party to the proceedings before the Board of Appeal: Domingo Gutiérrez Ariza (Malaga, Spain)

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 October 2013 given in Case R 347/2013-4;










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘PETCO’ for goods and services in Classes 3, 31 and 35 — Community trade mark application No 10 114 081

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark No 9 062 902 for the figurative mark in red and white containing the verbal element ‘PETCO’ for goods and services in Classes 31 and 35

Decision of the Opposition Division: Upheld the opposition in part

Decision of the Board of Appeal: Accepted the appeal in part

Pleas in law: Infringement of Article 8(1)(a) and (b) CTMR.
Non-opposition to a notified concentration (Case COMP/M.7045 — AP/Pastor Vida)  Text with EEA relevance
Date: 2013-12-10
Institutions: European Commission
Subjects: Portugal, Spain, United States, economic concentration, financial services, insurance company, merger control, supplementary pension








C_2013360EN.01000602.xml










10.12.2013   


EN


Official Journal of the European Union


C 360/6





Non-opposition to a notified concentration
(Case COMP/M.7045 — AP/Pastor Vida)
(Text with EEA relevance)
2013/C 360/04
On 4 December 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 32013M7045. EUR-Lex is the online access to the European law.