do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2007-10-20
Institutions: European Commission
Subjects: euro, exchange rate

20.10.2007

EN

Official Journal of the European Union

C 246/9

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

19 October 2007

(2007/C 246/04)

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

1,4288

RON

Romanian leu

164,86

7,4543

SKK

TRY

Slovak koruna

Turkish lira

0,69730

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,3614

33,466

1,7161

1,5932

1,3809

11,0747

1,8958

2,0896

KRW South Korean won

1 308,92

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

9,6997

10,7274

7,3404

12 987,79

4,7986

63,010

35,4850

44,901

9,1677

1,6714

85,46

7,6715

1,9558

0,5842

27,239

15,6466

250,55

3,4528

0,7017

0,4293

3,6840

(1) Source:

reference exchange rate published by the ECB.
Case T-300/04: Order of the Court of First Instance (Fifth Chamber) of 6 September 2007 — easyJet v Commission
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, France, Italy, action for annulment (EU), air transport, competition law, cooperation agreement, transport company

20.10.2007

EN

Official Journal of the European Union

C 247/41

Nor did there occur the signs referred to in paragraph 6 of the
guidelines, since the losses did not increase, but decreased. The
stock inventories are not growing but diminishing. The debt did
not mount, but declined. And the interest charges did not rise,
but significantly fell between 2002 and 2003.

The applicant also claims that the prohibition at issue from
making payment of the aid of EUR 800 000, granted in 2003
within a programme of regional aid approved by the Commis-
sion, infringes the principle of protection of legitimate expecta-
tions.

Order of the Court of First Instance (Fifth Chamber) of
6 September 2007 — easyJet v Commission

(Case T-300/04) (1)

(2007/C 247/67)

Language of the case: English

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 262, 23.10.2004.

it

is asserted that

On that point,
the prohibition of actual
payment of the aid has the same negative effect on the firm's
balance sheet of profits and losses as a decision ordering repay-
ment, with the sole difference that
in the present case no
interest payments are incurred.

The aid was approved by the Commission and Chupa Chups
had no reason to believe that it was not eligible for that aid. If
the regional aid had not existed, decisions on investment might
have been different.

Order of the Court of First Instance of 5 September 2007
— JAKO-O v OHIM — P.I. Fashion (JAKO-O)

(Case T-220/06) (1)

(2007/C 247/68)

Language of the case: English

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 249, 14.10.2006.
Case C-330/06: Order of the President of the Court of 26 April 2007 — Commission of the European Communities v Ireland
Date: 2007-10-20
Institutions: Court of Justice
Subjects: European Commission, European company, Ireland, action for failure to fulfil an obligation, exchange of information, labour law, national implementing measure, worker consultation, worker participation

20.10.2007

EN

Official Journal of the European Union

C 247/21

Order of the President of the Court of 26 April 2007 —
Commission of the European Communities v Ireland

(Case C-330/06) (1)

(2007/C 247/29)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 224, 16.9.2006.

Order of the President of the Court of 15 May 2007 —
Commission of the European Communities v Grand Duchy
of Luxembourg

(Case C-51/07) (1)

(2007/C 247/30)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.
Case T-249/04: Judgment of the Court of First Instance of 12 September 2007 — Combescot v Commission (Staff case — Officials — Mental harassment — Duty to provide assistance — Career development report for the period 2001/2002 — Action for annulment — No legal interest in bringing proceedings — Action for damages)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, indemnification, mental stress, professional career, psychological harassment, regulations for civil servants, report, staff assessment

C 247/26

EN

Official Journal of the European Union

20.10.2007

Judgment of the Court of First Instance of 12 September
2007 — Italy and Brandt Italia v Commission

Judgment

of

Instance
12 September 2007 — Combescot v Commission

Court

First

the

of

of

(Joined Cases T-239/04 and T-323/04) (1)

(Case T-249/04) (1)

(State aid — Legislation providing for urgent measures to
assist employment for undertakings in difficulties — Decision
declaring the aid scheme incompatible with the common
market and ordering recovery of aid paid)

(Staff case — Officials — Mental harassment — Duty to
provide assistance — Career development report for the period
2001/2002 — Action for annulment — No legal interest in
bringing proceedings — Action for damages)

(2007/C 247/39)

Language of the case: Italian

(2007/C 247/40)

Language of the case: Italian

Parties

Applicant
D. Del Gaizo, Agent)

in Case T-239/04:

Italian Republic (represented by:

Parties

in Case T-323/04: Brandt

Applicant
Italia SpA (Verolanuova,
Italy) (represented by: M. van Empel, C. Visco and S. Lamarca,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, C. Giolito and E. Righini, Agents)

Applicant: Philippe Combescot (Popayan, Colombia) (represented
by: A. Maritati and V. Messa, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and M. Velardo, Agents and C. Corongui,
lawyer)

Re:

Re:

Annulment of Commission Decision 2004/800/EC of 30 March
2004 on the State aid scheme put into effect by Italy providing
for urgent measures to assist employment (OJ 2004 L 352,
p. 10).

First, declare that the conduct of the applicant's hierarchical
superiors is unlawful, declare that the applicant is entitled to
assistance and annul his career development report
for the
period from 1 July 2001 and 31 December 2002 and, secondly,
award damages
the loss
suffered.

to compensate the applicant

for

Operative part of the judgment

The Court:

1. Dismisses the actions;

2. Orders the Italian Republic to bear its own costs and to pay those

incurred by the Commission in Case T-239/04;

Operative part of the judgment

The Court:

1. Dismisses the action;

3. Orders Brandt Italia SpA to bear its own costs and to pay those

incurred by the Commission in Case T-323/04.

2. Orders each of the parties to bear its own costs.

(1) OJ C 217, 28.8.2004.

(1) OJ C 217, 28.8.2004.
Case T-141/06: Order of the Court of First Instance of 12 September 2007 — Glaverbel v OHIM (Texture of a glass surface) (Community trade mark — Application for a Community figurative mark representing the texture of a glass surface — Absolute ground for refusal — Absence of evidence of distinctive character acquired through use)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), designs and models, glass industry, trade-mark law

C 247/32

EN

Official Journal of the European Union

20.10.2007

Judgment of the Court of First Instance of 12 September
2007 — Philips Morris Products v OHIM (Shape of a
packet of cigarettes)

Order of the Court of First Instance of 12 September 2007
— Glaverbel v OHIM (Texture of a glass surface)

(Affaire T-140/06) (1)

(Case T-141/06) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark — Shape of a packet of cigar-
ettes — Refusal of registration — Absolute grounds for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2007/C 247/51)

Language of the case: French

(Community trade mark — Application for a Community
figurative mark representing the texture of a glass surface —
Absolute ground for refusal — Absence of evidence of distinc-
tive character acquired through use)

(2007/C 247/52)

Language of the case: English

Parties

Applicant: Philip Morris Products, SA (Neuchâtel, Switzerland)
(represented by: T. van Innis and C.S. Moreau, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of
Appeal of the Office for Harmonisation in the Internal Market
(Case R 0075/2005-4)
(OHIM), of 24 February 2006,
concerning registration of the shape of a packet of cigarettes as
a Community trade mark.

Parties

Applicant: Glaverbel SA (Brussels, Belgium) (represented by: S.
Möbus and T. Koerl, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: Ó. Mondéjar, acting
as Agent)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 1 March 2006 (Case R 0986/2004-4),
relating to an application for registration as a Community trade
mark of a figurative mark representing the texture of a glass
surface.

Operative part of the judgment

1) The action is dismissed;

Operative part of the judgment

The Court:

1. Dismisses the action.

2) Philip Morris Products SA is ordered to pay the costs.

2. Orders Glaverbel SA to pay the costs.

(1) OJ C 165, 15.7.2006.

(1) OJ C 178, 29.7.2006.
Case T-310/07: Action brought on 17 August 2007 — gardeur v OHIM — Blue Rose (g)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, designs and models, trade-mark law

C 247/36

EN

Official Journal of the European Union

20.10.2007

Fourth, the applicant submits that the Board committed an
error of
the mark be
striking, imaginative or creative in order to avoid the objections
under Article 7(1)(b) CTMR.

law by imposing a requirement

that

Action brought on 17 August 2007 — gardeur v OHIM —
Blue Rose (g)

(Case T-310/07)

(2007/C 247/59)

Language in which the application was lodged: English

Parties

Applicant: gardeur AG (Mönchengladbach, Germany)
sented by: A. Beschorner, B. Glaser, C. Thomas, lawyers)

(repre-

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

Other party to the proceedings before the Board of Appeal: Blue Rose
Inc. (Nashville Tennessee, United States)

Form of order sought

— annul

the decision of

the Second Board of Appeal
No R 878/2006 2 of 15 June 2007, regarding Community
trademark No 1153741 ‘g’
in so far as it dismisses the
appeal in relation to goods in Class 25;

— order

the defendant

to pay the costs incurred in the
proceedings before the court and to order the intervener to
pay the costs of the administrative proceedings before the
Board of Appeal.

containing the letter ‘g’ for goods and services in Classes 9, 25,
and 41

Proprietor of the Community trade mark: Blue Rose Inc.

Party requesting the declaration of invalidity of the Community trade
mark: Gardeur ag

Trade mark right of the party requesting the declaration of invalidity:
The Community figurative mark picturing a black square
containing the letter ‘g’ for goods and services in Class 3, 18
and 25 — application No 1153741

Decision of the Cancellation Division: Rejected the request for a
declaration of invalidity

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 4 and Article 8(1)(b) of the
CTMR.

Action brought on 28 August 2007 — National Association
of Licensed Opencast Operators v Commission

(Case T-318/07)

(2007/C 247/60)

Language of the case: English

Parties

Applicant: The National Association of Licensed Opencast
Operators (Chester-le-Street, United Kingdom) (represented by:
H. Bracegirdle, Solicitor, M. Hoskins and C. West, Barristers)

Defendant: Commission of the European Communities

Pleas in law and main arguments

Form of order sought

Registered Community trade mark subject of
the application for a
declaration of invalidity: The figurative mark consisting of a circle

— The Commission pay the applicant's costs.

— The Commission Decision of 18 June 2007 be annulled.
Case T-20/07: Judgment of the Court of First Instance of 12 September 2007 — Commission v Chatziioannidou (Appeal — Staff case — Officials — Pensions — Annulment at first instance of Commission decisions calculating the number of years of pensionable service — Transfer of national pension rights)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, Greece, action by staff, appeal, equal treatment, euro, exchange rate, transfer of pension rights

C 247/34

EN

Official Journal of the European Union

20.10.2007

— at the annual rate of 5 % from 1 January to 31 December

2. Orders the Commission to pay the costs.

2006;

— at the annual rate of 5,25 % from 1 January 2007 until the

(1) OJ C 69, 24.3.2007.

debt is paid in full;

2. Decides that there is no need to adjudicate on the claim against

Internet Commerce Network;

3. Orders Dane-Elec Memory to bear its own costs and pay those

incurred by the Commission;

4. Orders Internet Commerce Network to bear its own costs.

Order of the Court of First Instance of 29 August 2007 —
SELEX Sistemi Integrati v Commission

(1) OJ C 212 of 2.9.2006.

(Case T-186/05) (1)

Judgment

of

the

Court

of

First

Instance

of

12 September 2007 — Commission v Chatziioannidou

(Case T-20/07) (1)

(Appeal — Staff case — Officials — Pensions — Annulment
at first
instance of Commission decisions calculating the
number of years of pensionable service — Transfer of national
pension rights)

(2007/C 247/55)

Language of the case: French

(Action for damages — Non-contractual liability — Competi-
tion — Decision of the Commission rejecting a complaint
under Article 82 EC — Action in part manifestly inadmissible
and in part manifestly without foundation in law — Actual
loss)

(2007/C 247/56)

Language of the case: Italian

Parties

Applicant: SELEX Sistemi Integrati SpA, formerly Alenia Marconi
Systems SpA (Rome, Italy) (represented by: F. Sciaudone, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet, L. Visaggio and F. Amato, acting as
Agents)

Parties

Re:

Appellant: Commission of the European Communities (repre-
sented by: D. Martin and K. Herrmann, Agents)

Other party to the proceedings: Eleni Chatziioannidou (Auderghem,
Belgium) (represented by: S. Pappas, lawyer)

Action for damages for the loss allegedly suffered by the appli-
cant as a result of
the Commission of
the decision of
12 February 2004 rejecting the complaint brought by the appli-
cant against Eurocontrol in respect of alleged infringements of
the provisions of the EC Treaty on competition.

Re:

Appeal brought against the judgment of the European Union
Civil Service Tribunal (First Chamber) of 14 November 2006 in
Case F-100/05 Chatziioannidou v Commission (not yet published
in the ECR) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

Operative part of the order

1. The action is dismissed as in part manifestly inadmissible and in

part manifestly without foundation in law.

2. SELEX Sistemi Integrati Spa shall pay the costs.

(1) OJ C 217, 3.9.2005.
Case F-87/07: Action brought on 31 August 2007 — Marcuccio v Commission
Date: 2007-10-20
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, damage, indemnification, judicial proceedings, personnel administration, regulations for civil servants

20.10.2007

EN

Official Journal of the European Union

C 247/45

Action brought on 31 August 2007 — Marcuccio v
Commission

(Case F-87/07)

(2007/C 247/73)

Language of the case: Italian

Parties

Applicant: Luigi Marcuccio (Tricase,
Cipressa, lawyer)

Italy)

(represented by: G.

Defendant: Commission of the European Communities

Form of order sought

— annul

note
ADMIN.B.2 MB/hm (2006) 29517;

the

of

18 December

2006,

prot.

— annul the decision, in whatever form, by which the Commis-
sion rejected the applicant's claim of 2 August 2006,
seeking: (1) compensation for damage suffered by the appli-
cant through unlawful actions and conduct concerning three
medical certificates produced by the applicant
in the
summer of 2001 (the damage in question); and (2) authori-
sation under Article 19 of the Staff Regulations of Officials
the European Communities to give evidence in legal
of
proceedings which the applicant intends to bring in relation
to the above actions and conduct, and to produce before the
competent courts a note dated 14 August 2001;

— annul, so far as necessary, the note dated 27 April 2007, ref.
ADMINB.2/MB/ade D(07) 9132, rejecting the applicant's
complaint of 12 January 2007 against the rejection of the
claim of 2 August 2006;

— annul, so far as necessary, the note of 27 September 2005,

ref. ADMIN/IDOC/GC/eh D(2005) 22005;

— ascertain the reality of the actions and conduct complained
of in the applicant's claim of 2 August 2006, and declare
them unlawful,

— order the Commission to pay the applicant the sum of
EUR 100 000, or such other sum as the Tribunal may
consider just, in compensation for damage suffered by the
applicant to date;

implementation of

— order the Commission to pay the applicant, from tomorrow
until final
the
applicant, the daily sum of EUR 20, or such other sum as
the Tribunal may consider just, to be paid on the first day of
each month in arrear, in respect of damage suffered by the
applicant during the period between tomorrow and the date
of implementation.

judgment in favour of

— order the Commission to pay the costs.

Pleas in law and main arguments

Absolute failure to state reasons, and illogicality, inconsistency,
irrationality, confusion and pretexts in the reasons put forward
by the Commission; (2) serious and manifest breach of the law;
(3) infringement of the duty to pay due regard to the welfare of
officials and of the duty of sound administration.
Case C-417/07: Action brought on 11 September 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2007-10-20
Institutions: Court of Justice
Subjects: EU Member State, European Commission, Luxembourg, action for failure to fulfil an obligation, air safety, aircraft, civil aviation, national implementing measure, third country, transport safety

C 247/20

EN

Official Journal of the European Union

20.10.2007

Pleas in law and main arguments

Action brought on 11 September 2007 — Commission of
the European Communities v Grand Duchy of Luxembourg

The period prescribed for the transposition of the directive into
domestic law expired on 16 February 2006.

(1) OJ 2005 L 24, p. 33.

(Case C-417/07)

(2007/C 247/27)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig, acting as Agent)

Defendant: Grand Duchy of Luxembourg

Action brought on 7 September 2007 — Commission of
the European Communities v Ireland

Form of order sought

(Case C-412/07)

(2007/C 247/26)

Language of the case: English

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/36/CE of the European Parliament and of the Council
of 21 April 2004 on the safety of third-country aircraft
using Community airports (1) or, in any event, by failing to
the
communicate those provisions to the Commission,
Grand Duchy of Luxembourg has failed to fulfil its obliga-
tions under that directive;

— order the Grand Duchy of Luxembourg to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig, Agent, M. Petite, Agent)

period

The
prescribed
2004/36/CE expired on 30 April 2006.

for

transposition

of Directive

Defendant: Ireland

(1) OJ 2004 L 143, p. 76.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/36/EC (1) of
the
Council of 21 April 2004 on the safety of third-country
aircraft using Community airports, or in any event by failing
to communicate them to the Commission, Ireland has failed
to fulfil its obligations under the Directive;

the European Parliament and of

— order Ireland to pay the costs.

Pleas in law and main arguments

Order of the President of the Second Chamber of the
Court of 11 July 2007 (reference for a preliminary ruling
from the Cour d'appel de Bruxelles — Belgium) —
Belgacom Mobile SA v Institut belge des services postaux
et des télécommunications

(Case C-190/06) (1)

(2007/C 247/28)

Language of the case: French

The period within which the directives had to be transposed
expired on 30 April 2006.

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

(1) OJ L 143, p. 76.

(1) OJ C 154, 1.7.2006.
Case T-220/06: Order of the Court of First Instance of 5 September 2007 — JAKO-O v OHIM — P.I. Fashion (JAKO-O)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law

20.10.2007

EN

Official Journal of the European Union

C 247/41

Nor did there occur the signs referred to in paragraph 6 of the
guidelines, since the losses did not increase, but decreased. The
stock inventories are not growing but diminishing. The debt did
not mount, but declined. And the interest charges did not rise,
but significantly fell between 2002 and 2003.

The applicant also claims that the prohibition at issue from
making payment of the aid of EUR 800 000, granted in 2003
within a programme of regional aid approved by the Commis-
sion, infringes the principle of protection of legitimate expecta-
tions.

Order of the Court of First Instance (Fifth Chamber) of
6 September 2007 — easyJet v Commission

(Case T-300/04) (1)

(2007/C 247/67)

Language of the case: English

The President of the Court of First Instance (Fifth Chamber) has
ordered that the case be removed from the register.

(1) OJ C 262, 23.10.2004.

it

is asserted that

On that point,
the prohibition of actual
payment of the aid has the same negative effect on the firm's
balance sheet of profits and losses as a decision ordering repay-
ment, with the sole difference that
in the present case no
interest payments are incurred.

The aid was approved by the Commission and Chupa Chups
had no reason to believe that it was not eligible for that aid. If
the regional aid had not existed, decisions on investment might
have been different.

Order of the Court of First Instance of 5 September 2007
— JAKO-O v OHIM — P.I. Fashion (JAKO-O)

(Case T-220/06) (1)

(2007/C 247/68)

Language of the case: English

The President of the Court of First Instance (First Chamber) has
ordered that the case be removed from the register.

(1) OJ C 249, 14.10.2006.