do-me/EUR-LEX huggingface dataset:
Case T-555/13: Order of the General Court of 10 January 2014 — MHCS v OHIM — Compañía Vinícola del Norte de España (ICE IMPERIAL)
Date: 2014-01-10
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law, wine








C_2014071EN.01002803.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/28






Order of the General Court of 10 January 2014 — MHCS v OHIM — Compañía Vinícola del Norte de España (ICE IMPERIAL)
(Case T-555/13) (1)

(2014/C 71/53)
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 377, 21.12.2013.
Case C-12/14: Action brought on 10 January 2014 — European Commission v Republic of Malta
Date: 2014-01-10
Institutions: Court of Justice
Subjects: Malta, United Kingdom, civil servant, infringement of EU law, legal basis, pension scheme, social-security harmonisation








C_2014159EN.01001102.xml










26.5.2014   


EN


Official Journal of the European Union


C 159/11





Action brought on 10 January 2014 — European Commission v Republic of Malta
(Case C-12/14)
2014/C 159/15
Language of the case: English

Parties


Applicant: European Commission (represented by: K. Mifsud-Bonnici, D. Martin, Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:







—


declare that, by reducing Maltese old-age pensions by the amount of a United Kingdom civil servant pension under, as the case may be, The Principal Civil Service Pension Scheme, The National Health Service Pension Scheme or The Armed Forces Pension Scheme 1975 in respect of The Royal Air Force, the Republic of Malta has failed to fulfil its obligations under Article 46b of Regulation (EEC) no 1408/71 (1) of the Council of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Communities, as amended and consolidated by Regulation 118/97 of 2 December 1996 (2) and Article 54 of Regulation (EC) no 883/2004 (3) of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems;










—


order the Republic of Malta to pay the costs.





Pleas in law and main arguments

The Commission takes the view that Malta has failed to fulfil its obligations under Regulations 1408/71 and 883/2004 by deducting civil service pensions acquired under the legislation of another Member State from Maltese statutory old-age pension. The Commission is of the opinion that the United Kingdom civil service pension schemes are based on legislation and therefore fall within the scope of the said Regulations. The latter prohibit reducing a Maltese old-age pension by the amount of a United Kingdom public service pension. No social security convention concerning United Kingdom public service pensions has been concluded between the United Kingdom and Malta and no Annex to Regulation 1408/71 and 883/2004 contains an entry in respect of Malta, so that the conditions laid down by those Regulations to allow the continued applications of social security conventions are not fulfilled.
As the United Kingdom public service pension schemes do fall within the scope of these Regulations, Articles 46b (1) of Regulation 1408/71 and 54 (1) of Regulation 883/2004 forbid the application of a rule of national law on the prevention of overlapping of benefits such as Section 56 of the Maltese Social Security Act.


(1)  OJ L 149, p. 2


(2)  OJ L 28, p. 1


(3)  OJ L 166, p. 1
Commission communication 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
Date: 2014-01-10
Institutions: European Commission
Subjects: Spain, air transport, inland transport, invitation to tender, public service, transport regulations








C_2014006EN.01000701.xml










10.1.2014   


EN


Official Journal of the European Union


C 6/7





Commission communication 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
2014/C 6/04






Member State


Spain




Route concerned


Almeria–Seville




Date of entry into force of the public service obligations


29.4.2009




Date of entry into force of the changes


15.1.2014




Address where the text and any other information or documentation related to the public service obligations can be obtained for free, and where any programs of services shall be submitted







Ministerio de Fomento




Dirección General de Aviación Civil




Subdirección General de Transporte Aéreo




Paseo de la Castellana, 67




28071 Madrid




ESPAÑA




Tel. +34 915978454




Fax +34 915978643




E-mail: osp.dgac@fomento.es








The route subject to public service obligations may be operated on the basis of free competition access under the new conditions as from 15 January 2014. If within a period of 15 calendar days following the date of publication of this notice in the Official Journal of the European Union no air carrier submits a programme of services compliant with the public service obligations imposed, access will be restricted to a single air carrier through the corresponding public tender procedure, in accordance with Article 16(9) of Regulation (EC) No 1008/2008.
Action brought on 10 January 2014 by the EFTA Surveillance Authority against Iceland (Case E-1/14)
Date: 2014-01-10
Institutions: EFTA Court
Subjects: Iceland, axle tax, carriage of goods, national implementing measure








C_2014138EN.01003001.xml










8.5.2014   


EN


Official Journal of the European Union


C 138/30





Action brought on 10 January 2014 by the EFTA Surveillance Authority against Iceland
(Case E-1/14)
(2014/C 138/07)
An action against Iceland was brought before the EFTA Court on 10 January 2014 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that by failing to adopt, and/or to notify the EFTA Surveillance Authority forthwith of, all the measures necessary to implement the Act referred to at point 18a of Annex XIII to the Agreement on the European Economic Area (Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures), 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 application addresses Iceland’s failure to comply, no later than 20 April 2013, with a reasoned opinion delivered by the EFTA Surveillance Authority on 20 February 2013, regarding that State’s failure to implement into its national legal order Directive 2006/38/EC of the European Parliament and of the Council of 17 May 2006 amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (‘the Act’), as referred to at point 18a of Annex XIII 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 failed to fulfil its obligations under Article 2 of the Act and under Article 7 of the EEA Agreement, by failing to adopt, and/or to notify the EFTA Surveillance Authority of, all the measures necessary to implement the Act within the time prescribed.
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: 2014-01-10
Institutions: European Commission
Subjects: Spain, State aid, control of State aid, export aid, globalisation, innovation, regional development, research and development, shipbuilding








C_2014006EN.01000101.xml










10.1.2014   


EN


Official Journal of the European Union


C 6/1





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2014/C 6/01







Date of adoption of the decision


19.12.2013




Reference number of State Aid


SA.37785 (13/N)




Member State


Spain




Region


—


Mixed




Title (and/or name of the beneficiary)


Régimen de financiación para la exportación de buques




Legal basis


Real Decreto 442/1994, de 11 de marzo, sobre Primas y Financiación a la Construcción Naval y sus modificaciones posteriores




Type of measure


Scheme


—




Objective


Sectoral development, Promotion of export and internationalisation




Form of aid


Interest subsidy




Budget








 


Overall budget: EUR 45 million










 


Annual budget: EUR 45 million








Intensity


—




Duration (period)


1.1.2014-30.6.2014




Economic sectors


Building of ships and floating structures




Name and address of the granting authority







Manuel Valle Muñoz — Director General de Industria y PYME




Paseo de la Castellana, 160




28071 Madrid




ESPAÑA








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







Date of adoption of the decision


19.12.2013




Reference number of State Aid


SA.37786 (13/N)




Member State


Spain




Region


—


Mixed




Title (and/or name of the beneficiary)


Régimen de ayudas horizontales a la construcción naval




Legal basis








a)


Real Decreto 442/1994, de 11 de marzo, de Primas y Financiación a la Construcción Naval, y modificaciones posteriores; en relación con su artículo 10.










b)


Normas de aplicación de las ayudas horizontales a la construcción naval con cargo al Fondo de Reestructuración








Type of measure


Scheme


—




Objective


Sectoral development, Innovation, Regional development, Research and development




Form of aid


Direct grant




Budget








 


Overall budget: EUR 10 million










 


Annual budget: EUR 10 million








Intensity


80 %




Duration (period)


1.1.2014-30.6.2014




Economic sectors


Building of ships and floating structures




Name and address of the granting authority







Ministerio de Industria, Energía y Turismo. Manuel Valle Muñoz — Director General de Industria y PYME




Paseo de la Castellana, 160




28071 Madrid




ESPAÑA








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
Euro exchange rates
Date: 2014-01-10
Institutions: European Commission
Subjects: euro, exchange rate








C_2014006EN.01000301.xml










10.1.2014   


EN


Official Journal of the European Union


C 6/3





Euro exchange rates (1)

9 January 2014
2014/C 6/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3612




JPY


Japanese yen


142,92




DKK


Danish krone


7,4609




GBP


Pound sterling


0,82575




SEK


Swedish krona


8,9260




CHF


Swiss franc


1,2368




ISK


Iceland króna


 




NOK


Norwegian krone


8,4075




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,433




HUF


Hungarian forint


299,41




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1755




RON


Romanian leu


4,5340




TRY


Turkish lira


2,9745




AUD


Australian dollar


1,5343




CAD


Canadian dollar


1,4780




HKD


Hong Kong dollar


10,5554




NZD


New Zealand dollar


1,6495




SGD


Singapore dollar


1,7304




KRW


South Korean won


1 447,42




ZAR


South African rand


14,7150




CNY


Chinese yuan renminbi


8,2404




HRK


Croatian kuna


7,6294




IDR


Indonesian rupiah


16 593,03




MYR


Malaysian ringgit


4,4620




PHP


Philippine peso


60,805




RUB


Russian rouble


45,1425




THB


Thai baht


44,944




BRL


Brazilian real


3,2641




MXN


Mexican peso


17,8639




INR


Indian rupee


84,5410






(1)  Source: reference exchange rate published by the ECB.
Action brought on 10 January 2014 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-3/14)
Date: 2014-01-10
Institutions: EFTA Court
Subjects: Norway, charges for use of infrastructure, national implementing measure








C_2014138EN.01003201.xml










8.5.2014   


EN


Official Journal of the European Union


C 138/32





Action brought on 10 January 2014 by the EFTA Surveillance Authority against the Kingdom of Norway
(Case E-3/14)
(2014/C 138/09)
An action against the Kingdom of Norway was brought before the EFTA Court on 10 January 2014 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that by failing to adopt, and/or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 65a of Annex XIII to the Agreement on the European Economic Area (Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges), as adapted to the Agreement by way of Protocol 1 thereto, within the time prescribed, Norway has failed to fulfil its obligations under the Act and under Article 7 of the Agreement.










2.


Order the Kingdom of Norway to bear the costs of these proceedings.





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






—


The application addresses Norway’s failure to comply, no later than 30 March 2013, with a reasoned opinion delivered by the EFTA Surveillance Authority on 30 January 2013 regarding that state’s failure to implement into its national legal order Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (‘the Act’), as referred to at point 65a of Annex XIII 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 Norway has failed to fulfil its obligations under Article 13 of the Act and under Article 7 of the EEA Agreement, by failing to adopt, and/or to notify the Authority of, the measures necessary to implement the Act within the time prescribed.
Action brought on 10 January 2014 by the EFTA Surveillance Authority against Iceland (Case E-2/14)
Date: 2014-01-10
Institutions: EFTA Court
Subjects: Iceland, national implementing measure, pollution from ships








C_2014138EN.01003101.xml










8.5.2014   


EN


Official Journal of the European Union


C 138/31





Action brought on 10 January 2014 by the EFTA Surveillance Authority against Iceland
(Case E-2/14)
(2014/C 138/08)
An action against Iceland was brought before the EFTA Court on 10 January 2014 by the EFTA Surveillance Authority, represented by Xavier Lewis and Markus Schneider, acting as Agents of the EFTA Surveillance Authority, Rue Belliard 35, 1040 Brussels, Belgium.
The EFTA Surveillance Authority requests the EFTA Court to:






1.


Declare that by failing to adopt, and/or to notify the EFTA Surveillance Authority forthwith of, the measures necessary to implement the Act referred to at point 56v of Annex XIII to the Agreement on the European Economic Area (Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements), as adapted to the Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009, 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 application addresses Iceland’s failure to comply, no later than 12 August 2013, with a reasoned opinion delivered by the EFTA Surveillance Authority on 12 June 2013, regarding that State’s failure to implement into its national legal order Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (‘the Act’), as referred to at point 56v of Annex XIII to the Agreement on the European Economic Area, and as adapted to that Agreement by way of Protocol 1 thereto and by Joint Committee Decision No 65/2009 of 29 May 2009.










—


The EFTA Surveillance Authority submits that Iceland has failed to fulfil its obligations under Article 16 of the Act, as adapted, and under Article 7 of the EEA Agreement, by failing to adopt, and/or to notify the EFTA Surveillance Authority of, the measures necessary to implement the Act within the time prescribed.
Prior notification of a concentration (Case COMP/M.7125 — Advent/UNIT4) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2014-01-10
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control








C_2014006EN.01001101.xml










10.1.2014   


EN


Official Journal of the European Union


C 6/11





Prior notification of a concentration
(Case COMP/M.7125 — Advent/UNIT4)
Candidate case for simplified procedure
(Text with EEA relevance)
2014/C 6/07






1.


On 3 January 2014, 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 Advent International Corporation (‘Advent’, United States of America) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking UNIT4 NV (‘UNIT4’, the Netherlands), by way of public bid announced on 18 November 2013.










2.


The business activities of the undertakings concerned are:






—


for Advent: private equity fund,










—


for UNIT4: provision of business software and IT services.














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.7125 — Advent/UNIT4, 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 366, 14.12.2013, p. 5 (‘Notice on a simplified procedure’).
Case T-27/14: Action brought on 10 January 2014 — Czech Republic v Commission
Date: 2014-01-10
Institutions: General Court
Subjects: domestic market, energy storage, exemption from restrictive-practice authorisation, market access, national implementing measure, natural gas








C_2014085EN.01002201.xml










22.3.2014   


EN


Official Journal of the European Union


C 85/22





Action brought on 10 January 2014 — Czech Republic v Commission
(Case T-27/14)
2014/C 85/38
Language of the case: Czech

Parties


Applicant: Czech Republic (represented by: M. Smolek, J. Vláčil and T. Müller, Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the European Commission’s call C(2013)7221 final of 4 November 2013 for the withdrawal of the decision of the Ministerstvo průmyslu a obchodu České republiky (Czech Ministry of Trade and Industry), which grants a derogation to the gas storage facilities in Dambořice from the national legislation implementing the provisions of Directive 2003/55/EC (1) on the rules for the access of third parties and










—


Order the European Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging infringement of Article 266(1) TFEU






—


In this connection, the applicant submits that the Commission, by the adoption of the contested decision, proceeded in a manner directly contrary to the judgment in Case T-465/11 Globula v Commission [2013] ECR.














2.


Second plea in law, alleging infringement of Article 22(4) of Directive 2003/55/EC






—


In this plea, the applicant submits that the Commission adopted the contested decision after the expiry of the time-limit set in Article 22(4) of Directive 2003/55/EC.










(1)  Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57).