do-me/EUR-LEX huggingface dataset:
Announcement — Publication of Oppland County’s intention to enter into three contracts concerning local public transport by bus, pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
Date: 2014-01-23
Institutions: EFTA Secretariat
Subjects: Norway, award of contract, bus, carriage of passengers, inland transport, means of public conveyance, negotiated contract, services contract








C_2014020EN.01000701.xml










23.1.2014   


EN


Official Journal of the European Union


C 20/7





Announcement
Publication of Oppland County’s intention to enter into three contracts concerning local public transport by bus, pursuant to Article 7(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
(2014/C 20/07)
1.   Name and address of the competent authority






Oppland fylkeskommune




Opplandstrafikk




Kirkegata 76




Postboks 988




2626 Lillehammer




NORWAY




2.   Type of award envisaged

Directly awarded contract pursuant to the exceptions in Article 5(4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council.
3.   Services and areas potentially covered by the award

Passenger transport by bus in Torpa and surroundings (mainly in the municipality of Nordre Land). The transport amounts to about 300 000 km yearly.
1.   Name and address of the competent authority






Oppland fylkeskommune




Opplandstrafikk




Kirkegata 76




Postboks 988




2626 Lillehammer




NORWAY




2.   Type of award envisaged

Directly awarded contract pursuant to the exceptions in Article 5(4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council.
3.   Services and areas potentially covered by the award

Passenger transport by bus in Snertingdal and Biri in the municipality of Gjøvik. The transport amounts to about 470 000 km yearly.
1.   Name and address of the competent authority






Oppland fylkeskommune




Opplandstrafikk




Kirkegata 76




Postboks 988




2626 Lillehammer




NORWAY




2.   Type of award envisaged

Directly awarded contract pursuant to the exceptions in Article 5(4) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council.
3.   Services and areas potentially covered by the award

Passenger transport by bus in Etnedal and Begnadalen, mainly in the municipalities of Etnedal and Bagn. The transport amounts to about 417 000 km yearly.
Case T-75/14: Action brought on 23 January 2014  — USFSPEI v Parliament and Council
Date: 2014-01-23
Institutions: General Court
Subjects: assistant, damages, equal treatment, equivalence of diplomas, indemnification, principle of proportionality, professional qualifications, promotion, retirement conditions, unpaid leave








C_2014194EN.01002601.xml










24.6.2014   


EN


Official Journal of the European Union


C 194/26





Action brought on 23 January 2014 — USFSPEI v Parliament and Council
(Case T-75/14)
2014/C 194/34
Language of the case: French

Parties


Applicant: Union syndicale fédérale des services publics européens et internationaux (Brussels, Belgium) (represented by: J.-N. Louis and D. de Abreu Caldas, lawyers)

Defendants: Council of the European Union and European Parliament

Form of order sought

The applicant claims that the Court should:






—


declare the present action admissible and well founded;










—


accordingly, annul points 27, 32, 46, 64(b), 65(b) and 67(d) of Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013;










—


order the defendants to pay to USF a symbolic sum of EUR 1 to compensate for the non-material harm suffered and to pay the costs.





Pleas in law and main arguments

The applicant invokes the unlawfulness of points 27, 32, 46, 64(b), 65(b) and 67(d) of Regulation (EU, Euratom) No 1023/2013 (1) in so far as they amend, inter alia, Article 5 (creation of the SC function group), Article 6 (elimination of the guarantee of career equivalence), Article 40(2) (restriction of CCP to 12 years), the second paragraph of Article 43 (indication of potential to carry out an administrator’s function starting from grade AST 5 instead of AST), Article 44(1) (new conditions for advancement to a higher step), Article 51 (professional incompetence procedure), Article 52 (leave in the interests of the service), Article 77 (pension accrual rate of 1,8 %), and Annex VIII, Article 9(2) (early retirement without penalty) of the Staff Regulations.
In support of its action, it invokes the infringement of the agreement between the OSP and the legislator on the 2004 reform, in particular on the reform of careers, the principles of a linear career structure and equivalence of careers.
It also invokes breach of Article 27 of the Charter of Fundamental Rights and of Article 21 of the European Social Charter, infringement of the principle of acquired rights, the principle of proportionality and the principle of non-discrimination.


(1)  Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (OJ 2013 L 287, p. 15).
Case C-380/12: Judgment of the Court (Second Chamber) of 23 January 2014 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — X BV v Staatssecretaris van Financiën (Tariff headings — Decolourising earth — Chapter 25 of the Combined Nomenclature — Tariff heading 2508 — Concept of washed products — Elimination of impurities without changing the structure of the product — Chapter 38 of the Combined Nomenclature — Tariff heading 3802 )
Date: 2014-01-23
Institutions: Court of Justice
Subjects: Combined Nomenclature, chemical product, common customs tariff, mining product, ore processing








C_2014093EN.01000902.xml










29.3.2014   


EN


Official Journal of the European Union


C 93/9





Judgment of the Court (Second Chamber) of 23 January 2014 (request for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands)) — X BV v Staatssecretaris van Financiën
(Case C-380/12) (1)

(Tariff headings - Decolourising earth - Chapter 25 of the Combined Nomenclature - Tariff heading 2508 - Concept of washed products - Elimination of impurities without changing the structure of the product - Chapter 38 of the Combined Nomenclature - Tariff heading 3802)
2014/C 93/14
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Applicant: X BV

Defendant: Staatssecretaris van Financiën

Re:

Request for a preliminary ruling — Hoge Raad der Nederlanden — Common Customs Tariff — Classification of goods — Decolorising earth — Classification under subheading 2508 40 00 or under subheading 3802 90 00 of the Combined Nomenclature — Notion of ‘eliminating impurities’ within the meaning of Note 1 to Chapter 25 of the Combined Nomenclature

Operative part of the judgment







1.


The concept of ‘eliminating impurities’ referred to in Note 1 to Chapter 25 of the Combined Nomenclature constituting Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006, must be interpreted as covering the elimination of chemical components found in a mineral product in a crude state through natural circumstances, in so far as that elimination takes place with a view to enhancing the ability of the products at issue to fulfil their inherent intended use, which it is for the national court to verify.










2.


Note 1 to Chapter 25 of the Combined Nomenclature constituting Annex I to Regulation No 2658/87, as amended by Regulation No 1549/2006, must be interpreted as meaning that products which have undergone treatment involving the use of chemical substances and leading to the elimination of impurities may be classified under CN tariff heading 2508 only if that treatment has not modified their superficial structure, which it is for the national court to determine.






(1)  OJ C 303, 6.10.2012.
Case T-54/14: Action brought on 23 January 2014 — Goldfish and Others v Commission
Date: 2014-01-23
Institutions: General Court
Subjects: admissibility, fine, fishery product, proof








C_2014071EN.01002801.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/28






Action brought on 23 January 2014 — Goldfish and Others v Commission
(Case T-54/14)
(2014/C 71/51)
Language of the case: Dutch

Parties


Applicants: Goldfish BV (Zoutkamp, Netherlands), Heiploeg BV (Zoutkamp), Heiploeg Beheer BV (Zoutkamp), and Heiploeg Holding BV (Zoutkamp) (represented by: P. Glazener and B. Winters, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:






—


annul, fully or in part, the Decision insofar as it is addressed to the applicants;










—


annul, or reduce, the fine imposed on the applicants;










—


adopt the measures which the Court considers necessary;










—


order the European Commission to pay the costs of the present proceedings.





Pleas in law and main arguments

The applicants contest the decision of the Commission of 27 November 2013 in a proceeding under Article 101 TFEU (AT.39633 — Shrimps).
In support of the action, the applicants rely on three pleas in law.






1.


First plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 (1) due to the Commission’s use of secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU.










2.


Second plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 due to the Commission’s use of notes from secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU.










3.


Third plea in law, alleging an unlawful refusal to apply paragraph 35 of the Fining Guidelines, (2) due to the Commission refusing to take into account the inability of the applicants to pay the fine.






(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

(2)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ 2006 C 210, p. 2).
Case T-59/14: Action brought on 23 January 2014 — Blackrock v OHIM (INVESTING FOR A NEW WORLD)
Date: 2014-01-23
Institutions: General Court
Subjects: EU trade mark, investment company, registered trade mark, trade-mark law








C_2014129EN.01002601.xml










28.4.2014   


EN


Official Journal of the European Union


C 129/26






Action brought on 23 January 2014 — Blackrock v OHIM (INVESTING FOR A NEW WORLD)
(Case T-59/14)
(2014/C 129/33)
Language of the case: English

Parties


Applicant: Blackrock, Inc. (New York, United States) (represented by: S. Malynicz, Barrister, K. Gilbert and M. Blair, Solicitors)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 October 2013 given in Case R 573/2013-1;










—


Order the defendant to pay the costs of proceedings.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘INVESTING FOR A NEW WORLD’ for services in Classes 35 and 36 — Community trade mark application No 11 144 706
         

Decision of the Examiner: Found the trade mark applied for not eligible for registration

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) and 7(2) CTMR.
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: 2014-01-23
Institutions: European Commission
Subjects: State aid, United Kingdom, Wales, control of State aid, venture capital








C_2014020EN.01000301.xml










23.1.2014   


EN


Official Journal of the European Union


C 20/3





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 20/03)







Date of adoption of the decision


26.11.2013




Reference number of State Aid


SA.37202 (13/N)




Member State


United Kingdom




Region


Wales


Mixed




Title (and/or name of the beneficiary)


Finance Wales JEREMIE Fund




Legal basis








 


Section 60 Government of Wales Act 2006










 


Section 1 Welsh Development Agency Act 1975








Type of measure


Scheme


—




Objective


Risk capital




Form of aid


Provision of risk capital




Budget


Overall budget: GBP 150 million




Intensity


—




Duration (period)


Until 31.12.2015




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Finance Wales




Oakleigh House




Park Place




Cardiff




CF10 3DQ




UNITED KINGDOM








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
Case T-513/12: Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN GETAWAY) (Community trade mark — Application for the Community word mark NORWEGIAN GETAWAY — Absolute grounds for refusal — Descriptive character — Lack of distinctiveness — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
Date: 2014-01-23
Institutions: General Court
Subjects: EU trade mark, registered trade mark, river tourism, trade-mark law








C_2014071EN.01001901.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/19






Judgment of the General Court of 23 January 2014 — NCL v OHIM (NORWEGIAN GETAWAY)
(Case T-513/12) (1)

(Community trade mark - Application for the Community word mark NORWEGIAN GETAWAY - Absolute grounds for refusal - Descriptive character - Lack of distinctiveness - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
(2014/C 71/32)
Language of the case: German

Parties


Applicant: NCL Corporation Ltd (Miami, Florida, United States) (represented by: N. Grüger, lawyer)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 September 2012 (Case R 1014/2012-4), concerning an application for registration of the word sign NORWEGIAN GETAWAY as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders NCL Corporation Ltd., in addition to bearing its own costs, to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 26, 26.1.2013.
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: 2014-01-23
Institutions: European Commission
Subjects: State aid, United Kingdom, Wales, aid to undertakings, company in difficulties, control of State aid








C_2014020EN.01000401.xml










23.1.2014   


EN


Official Journal of the European Union


C 20/4





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 20/04)







Date of adoption of the decision


12.12.2013




Reference number of State Aid


SA.37226 (13/N)




Member State


United Kingdom




Region


Wales


—




Title (and/or name of the beneficiary)


Welsh Assembly Government Rescue and Restructuring Scheme for SMEs




Legal basis


Sections 1(2), (3) & (7) of the Welsh Development Agency Act 1975 and Section 70 & 71 of the Government of Wales Act 2006




Type of measure


Scheme


—




Objective


Rescuing firms in difficulty




Form of aid


Other




Budget


—




Intensity


0 %




Duration (period)


9.1.2009-31.12.2017




Economic sectors


All economic sectors eligible to receive aid




Name and address of the granting authority







Finance Wales




Oakleigh House




Park Place




Cardiff




CF10 3DQ




UNITED KINGDOM








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
Case C-35/14 P: Appeal brought on 23 January 2014 by Enercon GmbH against the judgment of the General Court (Fourth Chamber) delivered on 12 November 2013 in Case T-245/12: Gamesa Eólica, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM)
Date: 2014-01-23
Institutions: Court of Justice
Subjects: EU trade mark, registered trade mark, trade-mark law, wind energy








C_2014102EN.01001801.xml










7.4.2014   


EN


Official Journal of the European Union


C 102/18





Appeal brought on 23 January 2014 by Enercon GmbH against the judgment of the General Court (Fourth Chamber) delivered on 12 November 2013 in Case T-245/12: Gamesa Eólica, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs)(OHIM)
(Case C-35/14 P)
2014/C 102/24
Language of the case: English

Parties


Appellant: Enercon GmbH (represented by: J. Eberhardt, Rechtsanwalt, R. Böhm, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Gamesa Eólica, SL

Form of order sought

The appellant claims that the Court should:






—


annul the judgment in case T-245/12 handed down by the General Court on 12 November 2013;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments

The appellant submits that the contested judgment should be annulled on the following grounds:






1.


As a consequence of the fact that the appellant did not lodge a reply in the proceedings before the General Court, that Court did not involve the appellant in the proceedings and did not serve a copy of the judgment on the appellant. It is submitted that the General Court therefore acted in breach of its Rules of Procedure and violated the appellant’s property rights by denial of due legal process.










2.


The General Court erred in assuming that the contested mark is a ‘colour mark per se’, and should not have used this categorisation as the sole basis for assessing the distinctiveness of the mark.
Commission Regulation (EU) No 105/2014 of 23 January 2014 establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of Belgium
Date: 2014-01-23
Institutions: European Commission
Subjects: Belgium, EU waters, North Sea, Norwegian Sea, catch by species, catch quota, fishing area, fishing rights, sea fish, sea fishing, ship's flag








L_2014036EN.01000301.xml










6.2.2014   


EN


Official Journal of the European Union


L 36/3








            COMMISSION REGULATION (EU) No 105/2014
of 23 January 2014
         
establishing a prohibition of fishing for skates and rays in EU waters of IIa and IV by vessels flying the flag of Belgium


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 39/2013 of 21 January 2013 fixing for 2013 the fishing opportunities available to EU vessels for certain fish stocks and groups of fish stocks which are not subject to international negotiations or agreements (2), lays down quotas for 2013.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2013.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2013 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2014.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 23, 25.1.2013, p. 1.




ANNEX






No


86/TQ39




Member State


Belgium




Stock


SRX/2AC4-C




Species


Skates and rays (Rajiformes)




Zone


EU waters of IIa and IV




Date


17.12.2013
Information on the date of signature of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Union of the Comoros
Date: 2014-01-23
Institutions: Council of the European Union
Subjects: Comoros, financial compensation of an agreement, fishery management, fishing agreement, fishing area, fishing controls, fishing permit, fishing rights








L_2014020EN.01000101.xml










23.1.2014   


EN


Official Journal of the European Union


L 20/1







Information on the date of signature of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Union of the Comoros

The European Union and the Union of the Comoros signed, on 23 December 2013 in Brussels, the Protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement.
The Protocol accordingly applies provisionally from 1 January 2014 pursuant to Article 13 thereof.