do-me/EUR-LEX huggingface dataset:
Case T-256/06: Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), mechanical equipment, plumbing equipment, trade-mark law

28.10.2006

EN

Official Journal of the European Union

C 261/29

Form of order sought

Form of order sought

— annul the decision of the First Board of Appeal of 7 July
2006, which was notified to the applicant on 17 July 2006;

— order the defendant to pay the costs.

— annul contested decision R1388/2005-4 and order the
Office for Harmonisation in the Internal Market to publish
Community trade mark application No 2 906 139 for the
purpose of its registration;

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘RadioCom’ for
services
in Classes 35, 38 and 41 — application no.
3 986 023.

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

is
Pleas in law: The mark for which registration is sought
capable of being registered and the grounds for refusal
in
Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No
40/94 (1) which the defendant put forward do not preclude
registration.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘HONEYCOMB’
for goods in Class 11 — Application No 2 906 139.

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC)
No 40/94 (1), because the sign applied for was assessed incor-
rectly both as a whole and in relation to its individual elements
and the assessment of the relevant public was made subject to
a clearly exaggerated perception of the public.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 18 September 2006 — Neoperl
Servisys v OHIM (HONEYCOMB)

(Case T-256/06)

(2006/C 261/55)

Language in which the application was lodged: German

Order of the Court of First Instance of 5 September 2006
— Borrekuil v Commission

(Case T-211/99) (1)

(2006/C 261/56)

Language of the case: Dutch

Parties

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

Applicant: Neoperl Servisys AG (Reinach, Switzerland) (repre-
sented by: H. Börjes-Pestalozza, lawyer)

(1) OJ C 6, 8.1.2000.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
Euro exchange rates
Date: 2006-10-28
Institutions: European Commission
Subjects: euro, exchange rate

C 260/6

EN

Official Journal of the European Union

28.10.2006

COMMISSION

Euro exchange rates (1)

27 October 2006

(2006/C 260/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,2683

150,26

7,4547

0,67060

9,2215

1,5911

86,57

8,3110

1,9558

0,5768

28,410

15,6466

261,70

3,4528

0,6961

0,4293

3,8781

3,5205

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,62

36,380

1,8403

1,6561

1,4262

9,8699

1,9279

1,9837

KRW South Korean won

1 201,52

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

9,5450

10,0064

7,3660

Indonesian rupiah

11 547,87

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,6312

63,149

33,9773

46,764

(1) Source:

reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.4417 — Telecom Italia/AOL German Access Business) Text with EEA relevance
Date: 2006-10-28
Institutions: European Commission
Subjects: Internet, data transmission, economic concentration, exchange of information, merger control, mobile phone, service, telephone

C 260/8

EN

Official Journal of the European Union

28.10.2006

Prior notification of a concentration

(Case COMP/M.4417 — Telecom Italia/AOL German Access Business)

(2006/C 260/04)

(Text with EEA relevance)

1.
On 20 October 2006, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1), by which Telecom Italia S.p.A. (‘Telecom Italia’,
Italy) acquires, within the meaning of Article 3(1) (b) of the Council Regulation, sole control of the AOL
German Access Business (‘AOL’) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Telecom Italia: provision of voice telephone, mobile services and data transmission services;

— for AOL: provision of internet services.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 139/2004. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
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 (fax No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.4417 — Telecom Italia/AOL German Access Business to the following
address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case T-211/99: Order of the Court of First Instance of 5 September 2006 — Borrekuil v Commission
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

28.10.2006

EN

Official Journal of the European Union

C 261/29

Form of order sought

Form of order sought

— annul the decision of the First Board of Appeal of 7 July
2006, which was notified to the applicant on 17 July 2006;

— order the defendant to pay the costs.

— annul contested decision R1388/2005-4 and order the
Office for Harmonisation in the Internal Market to publish
Community trade mark application No 2 906 139 for the
purpose of its registration;

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘RadioCom’ for
services
in Classes 35, 38 and 41 — application no.
3 986 023.

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

is
Pleas in law: The mark for which registration is sought
capable of being registered and the grounds for refusal
in
Article 7(1)(b) and (c) and Article 7(2) of Regulation (EC) No
40/94 (1) which the defendant put forward do not preclude
registration.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘HONEYCOMB’
for goods in Class 11 — Application No 2 906 139.

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC)
No 40/94 (1), because the sign applied for was assessed incor-
rectly both as a whole and in relation to its individual elements
and the assessment of the relevant public was made subject to
a clearly exaggerated perception of the public.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 18 September 2006 — Neoperl
Servisys v OHIM (HONEYCOMB)

(Case T-256/06)

(2006/C 261/55)

Language in which the application was lodged: German

Order of the Court of First Instance of 5 September 2006
— Borrekuil v Commission

(Case T-211/99) (1)

(2006/C 261/56)

Language of the case: Dutch

Parties

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

Applicant: Neoperl Servisys AG (Reinach, Switzerland) (repre-
sented by: H. Börjes-Pestalozza, lawyer)

(1) OJ C 6, 8.1.2000.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
Case T-239/99: Order of the Court of First Instance of 5 September 2006 — Alofs v Commission
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

C 261/30

EN

Official Journal of the European Union

28.10.2006

Order of the Court of First Instance of 5 September 2006
— Autoservice Fermans Exclusive v Commission

Order of the Court of First Instance of 5 September 2006
— Algemene service- en verkoopmaatschappij Arnhemse
Poort v Commission

(Case T-215/99) (1)

(2006/C 261/57)

Language of the case: Dutch

(Case T-265/99) (1)

(2006/C 261/60)

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 6, 8.1.2000.

Order of the Court of First Instance of 5 September 2006
— Alofs v Commission

Order of the Court of First Instance of 5 September 2006
— Baltussen and Others v Commission

(Case T-239/99) (1)

(2006/C 261/58)

(Case T-13/00) (1)

(2006/C 261/61)

Language of the case: Dutch

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 135, 13.5.2000.

Order of the Court of First Instance of 5 September 2006
— Jongste v Commission

Order of the Court of First Instance of 5 September 2006
— Auto-en Carrosseriebedrij Ambting and Others v
Commission

(Case T-249/99) (1)

(2006/C 261/59)

Language of the case: Dutch

(Case T-15/00) (1)

(2006/C 261/62)

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 135, 13.5.2000.
Case T-215/99: Order of the Court of First Instance of 5 September 2006 — Autoservice Fermans Exclusive v Commission
Date: 2006-10-28
Institutions: Court of First Instance
Subjects: European Commission, Germany, Netherlands, State aid, action for annulment (EU), distributive trades, frontier region, motor fuel

C 261/30

EN

Official Journal of the European Union

28.10.2006

Order of the Court of First Instance of 5 September 2006
— Autoservice Fermans Exclusive v Commission

Order of the Court of First Instance of 5 September 2006
— Algemene service- en verkoopmaatschappij Arnhemse
Poort v Commission

(Case T-215/99) (1)

(2006/C 261/57)

Language of the case: Dutch

(Case T-265/99) (1)

(2006/C 261/60)

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 6, 8.1.2000.

Order of the Court of First Instance of 5 September 2006
— Alofs v Commission

Order of the Court of First Instance of 5 September 2006
— Baltussen and Others v Commission

(Case T-239/99) (1)

(2006/C 261/58)

(Case T-13/00) (1)

(2006/C 261/61)

Language of the case: Dutch

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 135, 13.5.2000.

Order of the Court of First Instance of 5 September 2006
— Jongste v Commission

Order of the Court of First Instance of 5 September 2006
— Auto-en Carrosseriebedrij Ambting and Others v
Commission

(Case T-249/99) (1)

(2006/C 261/59)

Language of the case: Dutch

(Case T-15/00) (1)

(2006/C 261/62)

Language of the case: Dutch

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

The President of the Second Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 6, 8.1.2000.

(1) OJ C 135, 13.5.2000.