do-me/EUR-LEX huggingface dataset:
Information communicated by Member States regarding closure of fisheries
Date: 2014-09-26
Institutions: European Commission
Subjects: Atlantic Ocean, Baltic Sea, EU waters, Ireland, North Sea, catch by species, catch quota, fishing area, international waters, sea fish, sea fishing








C_2014336EN.01002201.xml










26.9.2014   


EN


Official Journal of the European Union


C 336/22





Information communicated by Member States regarding closure of fisheries
(2014/C 336/08)
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.8.2014




Duration


28.8.2014-31.12.2014




Member State


Ireland




Stock or group of stocks


ALF/3X14-




Species


Alfonsinos (Beryx spp.)




Zone


EU and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV




Type(s) of fishing vessels


—




Reference number


34/DSS






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-726/14: Action brought on 26 September 2014  — Novar v OHIM
Date: 2014-09-26
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2015007EN.01003901.xml










12.1.2015   


EN


Official Journal of the European Union


C 7/39





Action brought on 26 September 2014 — Novar v OHIM
(Case T-726/14)
(2015/C 007/44)
Language of the case: German

Parties


Applicant: Novar GmbH (Albstadt, Germany) (represented by: R. Weede, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


order the defendant Office to pay EUR 2  498,00 plus interest in the amount of 5 percentage points over the base rate for the period since the legal proceedings began;










—


order the defendant Office to pay the costs, including the costs of representing the applicant in the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law.
Plea in law: Non-contractual liability in accordance with Article 118(3) of Regulation No 207/2009
The applicant asserts that there has been a sufficiently serious breach of a rule of law intended to confer rights on individuals and that there is a causal link between action and damage. The applicant argues that the unlawful action resides in the decision of 14 May 2013 rejecting the opposition. A sufficiently serious breach of law exists because, in the opposition decision of 14 May 2013, the Office assumed — contrary to the information contained in the letter of 22 June 2012 regarding the documents to be submitted in trade mark opposition proceedings B002027251 for the substantiation of earlier rights — additional requirements for proving the earlier rights and for that reason failed to take account of the applicant’s earlier rights. That infringement was the cause of the additional legal costs required to be incurred by the applicant in the context of the appeal against the decision of 14 May 2013, which was remedied by the decision of the Opposition Division of 17 October 2013.
Case C-448/14: Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 26 September 2014  — Davitas GmbH v Stadt Aschaffenburg
Date: 2014-09-26
Institutions: Court of Justice
Subjects: food inspection, food safety, foodstuff, health control, human nutrition, market approval








C_2014448EN.01000801.xml










15.12.2014   


EN


Official Journal of the European Union


C 448/8





Request for a preliminary ruling from the Bayerischer Verwaltungsgerichtshof (Germany) lodged on 26 September 2014 — Davitas GmbH v Stadt Aschaffenburg
(Case C-448/14)
(2014/C 448/10)
Language of the case: German

Referring court

Bayerischer Verwaltungsgerichtshof

Parties to the main proceedings


Appellant: Davitas GmbH

Respondent: Stadt Aschaffenburg

Intervener: Landesanwaltschaft Bayern

Questions referred

Is the product ‘De Tox Forte’ which is marketed by the appellant a food or a food ingredient with a new molecular structure within the meaning of Article 1(2)(c) of Regulation (EC) No 258/97 (1)?
In particular, does it suffice, in order to be able to answer this question in the affirmative, that that product, which contains the substance clinoptilolite in its particular primary molecular structure, was not yet being used as a food prior to 15 May 1997, or does that product, in addition, have to be produced via the production process by means of a procedure which results in a new or intentionally modified molecular structure, which means that it must be a substance which did not previously exist naturally in that form?


(1)  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients (OJ 1997 L 43, p. 1).
Communication from the Commission on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009
Date: 2014-09-26
Institutions: European Commission
Subjects: Australia, certificate of origin, import (EU), sugar, tariff quota








C_2014336EN.01000101.xml










26.9.2014   


EN


Official Journal of the European Union


C 336/1





Communication from the Commission on the body authorised to issue certificates of origin under Regulation (EC) No 891/2009
(2014/C 336/01)
On the basis of Commission Regulation (EC) No 891/2009 of 25 September 2009, published in 
Official Journal of the European Union L 254 of 26 September 2009, an import tariff quota has been opened for sugar originating in Australia.
Under Article 10 of Regulation (EC) No 891/2009 of 25 September 2009, the release for free circulation of the goods imported under that quota is conditional upon presentation of a certificate of origin.
The following authority is authorised to issue certificates of origin under the Regulation.





NSW Business Chamber Ltd t/a Australian Business Chamber




375 Wickham Terrace




Spring Hill QLD 4000




AUSTRALIA




Tel. +61 738422294




Mobile +61 418750679




Fax +61 730133422




E-mail: exportsdocs.qld@australianbusiness.com.au
Information communicated by Member States regarding closure of fisheries
Date: 2014-09-26
Institutions: European Commission
Subjects: Atlantic Ocean, EU waters, Ireland, catch by species, catch quota, fishing area, international waters, sea fish, sea fishing, ship's flag








C_2014336EN.01002101.xml










26.9.2014   


EN


Official Journal of the European Union


C 336/21





Information communicated by Member States regarding closure of fisheries
(2014/C 336/06)
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.8.2014




Duration


28.8.2014-31.12.2014




Member State


Ireland




Stock or Group of stocks


GHL/2A-C46




Species


Greenland Halibut (Reinhardtius hippoglossoides)




Zone


Union waters of IIa and IV; Union and international waters of Vb and VI




Type(s) of fishing vessels


—




Reference number


32/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.
Case T-222/13: Judgment of the General Court of 26 September 2014 — B&S Europe v Commission (Public service contracts — Call for tenders — Short-term services in the exclusive interest of third countries benefiting from European Union external aid — Rejection of the application — Selection criteria — Contracts divided into tranches — Reference project — Duty to state reasons — Principle of sound administration — Legitimate expectations — Principle of impartiality — Audi alteram partem rule)
Date: 2014-09-26
Institutions: General Court
Subjects: EU aid, equal treatment, invitation to tender, services contract, third country








C_2014395EN.01004302.xml










10.11.2014   


EN


Official Journal of the European Union


C 395/43






Judgment of the General Court of 26 September 2014 — B&S Europe v Commission
(Case T-222/13) (1)

((Public service contracts - Call for tenders - Short-term services in the exclusive interest of third countries benefiting from European Union external aid - Rejection of the application - Selection criteria - Contracts divided into tranches - Reference project - Duty to state reasons - Principle of sound administration - Legitimate expectations - Principle of impartiality - Audi alteram partem rule))
(2014/C 395/53)
Language of the case: French

Parties


Applicant: Business and Strategies in Europe (B&S Europe) SA (Brussels, Belgium) (represented by: L. Bihain and S. Pâques, lawyers)

Defendant: European Commission (represented initially by A. Bordes and R. Tricot, and subsequently by R. Tricot, acting as Agents, assisted by A.-M. Vandromme and J. Stuyck, lawyers)

Re:

Application for annulment of the Commission decision, set out in its letters of 15 February and 2 April 2013, informing the applicant that it had not been included on the list of candidates invited to participate in the restricted call for tenders concerning lot 7 of the multiple framework contract for the provision of short-term services in the exclusive interest of third countries benefiting from European Union external aid (OJ 2012/S 105-174077).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Business and Strategies in Europe (B&S Europe) SA to pay the costs.






(1)  OJ C 164 of 8.6.2014.
Euro exchange rates
Date: 2014-09-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2014336EN.01002001.xml










26.9.2014   


EN


Official Journal of the European Union


C 336/20





Euro exchange rates (1)

25 September 2014
(2014/C 336/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2712




JPY


Japanese yen


138,88




DKK


Danish krone


7,4433




GBP


Pound sterling


0,78040




SEK


Swedish krona


9,1836




CHF


Swiss franc


1,2076




ISK


Iceland króna


 




NOK


Norwegian krone


8,1450




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,572




HUF


Hungarian forint


310,54




LTL


Lithuanian litas


3,4528




PLN


Polish zloty


4,1771




RON


Romanian leu


4,4000




TRY


Turkish lira


2,8684




AUD


Australian dollar


1,4432




CAD


Canadian dollar


1,4136




HKD


Hong Kong dollar


9,8564




NZD


New Zealand dollar


1,6006




SGD


Singapore dollar


1,6152




KRW


South Korean won


1 325,85




ZAR


South African rand


14,2561




CNY


Chinese yuan renminbi


7,8016




HRK


Croatian kuna


7,6246




IDR


Indonesian rupiah


15 244,83




MYR


Malaysian ringgit


4,1433




PHP


Philippine peso


56,965




RUB


Russian rouble


48,9520




THB


Thai baht


41,083




BRL


Brazilian real


3,0551




MXN


Mexican peso


16,9832




INR


Indian rupee


78,0873






(1)  Source: reference exchange rate published by the ECB.
Case T-601/11: Judgment of the General Court of 26 September 2014 — Dansk Automat Brancheforening v Commission (Actions for annulment — State aid — Online gaming — Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades — Decision declaring aid compatible with the internal market — Aid to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility)
Date: 2014-09-26
Institutions: General Court
Subjects: Denmark, State aid, control of State aid, game of chance, gaming establishment, national tax, young person








C_2014395EN.01003201.xml










10.11.2014   


EN


Official Journal of the European Union


C 395/32






Judgment of the General Court of 26 September 2014 — Dansk Automat Brancheforening v Commission
(Case T-601/11) (1)

((Actions for annulment - State aid - Online gaming - Introduction in Denmark of lower taxes for online gaming than for casinos and amusement arcades - Decision declaring aid compatible with the internal market - Aid to facilitate the development of certain activities - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility))
(2014/C 395/37)
Language of the case: Danish

Parties


Applicant: Dansk Automat Brancheforening (Fredericia, Denmark) (represented by: K. Dyekjær, T. Høg and J. Flodgaard, lawyers)

Defendant: European Commission (represented by: M. Afonso and C. Barslev, and subsequently by M. Afonso and L. Grønfeldt, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang, and subsequently by M. Wolff and C. Thorning, acting as Agents, assisted by K. Lundgaard Hansen, lawyer); Republic of Malta (represented by: P. Grech and A. Buhagiar, acting as Agents); Betfair Group plc (London, United Kingdom) and Betfair International Ltd (Santa Venera, Malta) (represented by: O. Brouwer and A. Pliego Selie, lawyers); European Gaming and Betting Association (EGBA) (Brussels, Belgium) (represented by: C.-D. Ehlermann, J.C. Heithecker and J. Ylinen, lawyers)

Re:

Application for annulment of Commission Decision 2012/140/EU of 20 September 2011 in Case No C 35/2010 (ex N 302/2010) on measures which Denmark is planning to implement in the form of duties for online gaming in the Danish [Law on gaming duties] (OJ 2012, L 68, p. 3).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dansk Automat Brancheforening to bear its own costs and to pay those incurred in the main proceedings by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA);










3.


Orders Dansk Automat Brancheforening to pay its own costs in connection with the interim proceedings and to pay those incurred by the Commission;










4.


Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.






(1)  OJ C 25, 28.1.2012.
Case T-615/11: Judgment of the General Court of 26 September 2014 — Royal Scandinavian Casino Århus v Commission (Action for annulment — State aid — Online games — Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms — Decision declaring the aid compatible with the internal market — Aid intended to facilitate the development of certain activities — Lack of individual concern — Regulatory act entailing implementing measures — Inadmissibility)
Date: 2014-09-26
Institutions: General Court
Subjects: Denmark, State aid, control of State aid, game of chance, gaming establishment, national tax, young person








C_2014395EN.01003301.xml










10.11.2014   


EN


Official Journal of the European Union


C 395/33






Judgment of the General Court of 26 September 2014 — Royal Scandinavian Casino Århus v Commission
(Case T-615/11) (1)

((Action for annulment - State aid - Online games - Introduction in Denmark of taxes lower for online games than for casinos and gaming rooms - Decision declaring the aid compatible with the internal market - Aid intended to facilitate the development of certain activities - Lack of individual concern - Regulatory act entailing implementing measures - Inadmissibility))
(2014/C 395/38)
Language of the case: Danish

Parties


Applicant: Royal Scandinavian Casino Århus I/S (Aarhus, Denmark) (represented by: B. Jacobi, lawyer)

Defendant: European Commission (represented initially by M. Afonso and C. Barslev, subsequently by M. Afonso and L. Grønfeldt, acting as Agents)

Interveners in support of the defendant: Kingdom of Denmark (represented initially by C. Vang, subsequently by V. Pasternak Jørgensen and lastly by C. Thorning, acting as Agents, and K. Lundgaard Hansen, lawyer); Republic of Malta (represented by: P. Grech and A. Buhagiar, acting as Agents); Betfair Group plc (London, United Kingdom) and Betfair International Ltd (Santa Venera, Malta) (represented by: O. Brouwer and A. Pliego Selie, lawyers); European Gaming and Betting Association (EGBA) (Brussels, Belgium) (represented by: C.-D. Ehlermann, J. C. Heithecker and J. Ylinen, lawyers)

Re:

Application for annulment of Commission Decision 2012/140/EU of 20 September 2011 on the measure C 35/10 (ex N 302/10) which Denmark is planning to implement in the form of duties for online gambling in the Danish Gaming Duties Act (OJ 2012 L 69, p. 3).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Royal Scandinavian Casino Århus I/S, in addition to bearing its own costs, to pay those incurred by the European Commission, Betfair Group plc, Betfair International Ltd and the European Gaming and Betting Association (EGBA).










3.


Orders the Kingdom of Denmark and the Republic of Malta to bear their own costs.






(1)  OJ C 32, 4.2.2012.
Case T-498/11: Judgment of the General Court of 26 September 2014 — Evropaïki Dynamiki v Commission (Public service contracts — Tender procedure — Renovation of a website — Rejection of a tenderer’s tender — Award of contract to another tenderer — Action for annulment — Obligation to state reasons — Award criteria — Manifest errors of assessment — Claim for damages)
Date: 2014-09-26
Institutions: General Court
Subjects: European Anti-fraud Office, Internet site, award of contract, indemnification, invitation to tender, services contract








C_2014395EN.01003102.xml










10.11.2014   


EN


Official Journal of the European Union


C 395/31






Judgment of the General Court of 26 September 2014 — Evropaïki Dynamiki v Commission
(Case T-498/11) (1)

((Public service contracts - Tender procedure - Renovation of a website - Rejection of a tenderer’s tender - Award of contract to another tenderer - Action for annulment - Obligation to state reasons - Award criteria - Manifest errors of assessment - Claim for damages))
(2014/C 395/36)
Language of the case: English

Parties


Applicant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis, M. Dermitzakis and N. Theologou, lawyers)

Defendant: European Commission (represented by: S. Delaude and F. Moro, Agents, assisted by P. Wytinck and T. Ruys, lawyers)

Re:

Application (i) for annulment of the decision of the Publications Office of the European Union rejecting the tender submitted by the applicant concerning a supply of services relating to the revamping of the website of the European Anti-Fraud Office (OLAF) and of the decision to award the contract to another tenderer, and (ii) for damages.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE to bear its own costs and to pay those incurred by the European Commission.






(1)  OJ C 347, 26.11.2011.
Information communicated by Member States regarding closure of fisheries
Date: 2014-09-26
Institutions: European Commission
Subjects: Atlantic Ocean, Greenland, Ireland, catch by species, catch quota, fishing area, sea fish, sea fishing, ship's flag








C_2014336EN.01002102.xml










26.9.2014   


EN


Official Journal of the European Union


C 336/21





Information communicated by Member States regarding closure of fisheries
(2014/C 336/07)
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


28.8.2014




Duration


28.8.2014-31.12.2014




Member State


Ireland




Stock or Group of stocks


PCR/N1GRN




Species


Snow crab (Chionoecetes spp.)




Zone


Greenland waters of NAFO 1




Type(s) of fishing vessels


—




Reference number


33/TQ43






(1)  OJ L 343, 22.12.2009, p. 1.