do-me/EUR-LEX huggingface dataset:
Case T-57/06: Judgment of the Court of First Instance of 7 November 2007 — Marly v OHIM — Erdal (Top iX) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark Top iX — Earlier international word mark TOFIX — Relative ground for refusal — Absence of likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Request for proof of genuine use of the earlier mark submitted for the first time before the Court — Inadmissibility)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

22.12.2007

EN

Official Journal of the European Union

C 315/37

Judgment of the Court of First Instance of 7 November
2007 — Marly v OHIM — Erdal (Top iX)

Judgment of the Court of First Instance of 15 November
2007 — Enercon v OHIM (Wind turbine)

(Case T-57/06) (1)

(Case T-71/06) (1)

(Community trade mark — Opposition proceedings —
Application for figurative Community trade mark Top iX —
Earlier international word mark TOFIX — Relative ground
for
confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Request for
proof of genuine use of the earlier mark submitted for the
first time before the Court — Inadmissibility)

refusal — Absence of

likelihood of

(Community trade mark — Application for a three-dimen-
sional Community trade mark depicting the outer casing of
the nacelle of a wind turbine — Absolute grounds for refusal
— Lack of distinctive character — Article 7(1)(b) and (3) of
Regulation (EC) No 40/94)

(2007/C 315/69)

Language of the case: French

(2007/C 315/70)

Language of the case: German

Parties

Parties

Applicant: NV Marly SA (Brussels, Belgium) (represented by: B.
Mouffe and O. Rodesch, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Petrequin and A.
Rassat, acting as Agents)

Applicant: Enercon (Aurich, Germany) (represented by: R. Böhm,
lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Erdal GmbH (Hallein,
Austria) (represented by: M. Thewes and V. Wiot, lawyers)

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 14 December 2005 (Case R 1147/2004-2)
concerning opposition proceedings between Erdal GmbH and
NV Marly SA.

Action brought against the decision of the Second Board of
Appeal of OHIM of 30 November 2005 (Case R 179/2005-2)
refusing registration of a three-dimensional mark (a section of a
wind turbine in the form of an American football) as a Com-
munity trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders NV Marly SA to pay the costs.

2. Orders Enercon GmbH to pay the costs.

(1) OJ C 96, 22.4.2006.

(1) OJ C 108 of 6.5.2006.
Case C-21/07: Order of the President of the Court of 8 October 2007 — Commission of the European Communities v Ireland
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, agricultural vehicle, approximation of laws, atmospheric pollutant, motor vehicle, national implementing measure, pollution control measures, reduction of gas emissions

22.12.2007

EN

Official Journal of the European Union

C 315/31

Form of order sought

— declare that, by failing to ensure that

that undertakings
which operate public telephone networks make caller loca-
tion information available to authorities handling emergen-
cies for calls to the single European emergency call number
‘112’, the Slovak Republic has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC (1);

— order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The period for adopting measures to transpose the directive
expired on 24 July 2003.

Order of the President of the Court of 22 October 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-530/06) (1)

(2007/C 315/54)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 42, 24.2.2007.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
relating to electronic
and services
(Universal Service Directive), OJ 2002 L 108, p. 51.

the European Parliament and of

communications networks

Order of the President of the Fourth Chamber of the Court
of 27 September 2007 (reference for a preliminary ruling
from the Tribunale Civile Di Genova — Italy) —
Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine
Equipment Ltd

(Case C-175/06) (1)

(2007/C 315/52)

Language of the case: Italian

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-21/07) (1)

(2007/C 315/55)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 56, 10.3.2007.

(1) OJ C 154, 1.7.2006.

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Eighth Chamber of the Court
of 21 September 2007 — Commission of the European
Communities v Hellenic Republic

(Case C-426/06) (1)

(2007/C 315/53)

Language of the case: Greek

Republic

(Case C-29/07) (1)

(2007/C 315/56)

Language of the case: Greek

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

(1) OJ C 56, 10.3.2007.
Case C-175/06: Order of the President of the Fourth Chamber of the Court of 27 September 2007 (reference for a preliminary ruling from the Tribunale Civile Di Genova — Italy) — Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine Equipment Ltd
Date: 2007-12-22
Institutions: Court of Justice
Subjects: civil law, commercial law, industrial counterfeiting, interpretation of the law, judicial cooperation in criminal matters in the EU

22.12.2007

EN

Official Journal of the European Union

C 315/31

Form of order sought

— declare that, by failing to ensure that

that undertakings
which operate public telephone networks make caller loca-
tion information available to authorities handling emergen-
cies for calls to the single European emergency call number
‘112’, the Slovak Republic has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC (1);

— order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The period for adopting measures to transpose the directive
expired on 24 July 2003.

Order of the President of the Court of 22 October 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-530/06) (1)

(2007/C 315/54)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 42, 24.2.2007.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
relating to electronic
and services
(Universal Service Directive), OJ 2002 L 108, p. 51.

the European Parliament and of

communications networks

Order of the President of the Fourth Chamber of the Court
of 27 September 2007 (reference for a preliminary ruling
from the Tribunale Civile Di Genova — Italy) —
Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine
Equipment Ltd

(Case C-175/06) (1)

(2007/C 315/52)

Language of the case: Italian

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-21/07) (1)

(2007/C 315/55)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 56, 10.3.2007.

(1) OJ C 154, 1.7.2006.

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Eighth Chamber of the Court
of 21 September 2007 — Commission of the European
Communities v Hellenic Republic

(Case C-426/06) (1)

(2007/C 315/53)

Language of the case: Greek

Republic

(Case C-29/07) (1)

(2007/C 315/56)

Language of the case: Greek

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

(1) OJ C 56, 10.3.2007.
Euro exchange rates
Date: 2007-12-22
Institutions: European Commission
Subjects: euro, exchange rate

22.12.2007

EN

Official Journal of the European Union

C 314/27

COMMISSION

Euro exchange rates (1)

21 December 2007

(2007/C 314/08)

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

1,438

RON

Romanian leu

SKK

TRY

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,4965

33,599

1,7172

1,6613

1,4356

11,2184

1,8786

2,0935

KRW South Korean won

1 352,58

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

10,1045

10,5975

7,306

Indonesian rupiah

13 556,75

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,8166

59,619

35,563

43,62

163,27

7,4624

0,7236

9,4453

1,6612

91,73

8,034

1,9558

0,585274

26,448

15,6466

254,04

3,4528

0,6968

0,4293

3,625

(1) Source:

reference exchange rate published by the ECB.
Case C-83/07: Order of the President of the Court of 20 September 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, national implementing measure, packaging, waste management, waste recycling

C 315/32

EN

Official Journal of the European Union

22.12.2007

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Court of 2 August 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-53/07) (1)

(2007/C 315/57)

Language of the case: Greek

Republic

(Case C-77/07) (1)

(2007/C 315/59)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

(1) OJ C 69, 23.4.2005.

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-64/07) (1)

(2007/C 315/58)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

Order of the President of the Court of 20 September 2007
— Commission of the European Communities v Hellenic
Republic

(Case C-83/07) (1)

(2007/C 315/60)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.
Non-opposition to a notified concentration (Case COMP/M.4848 — Basell/Lyondell) Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: economic concentration, hydrocarbon, merger control, oil technology, patents licence, property market, restrictive-practice authorisation, telecommunications

C 314/22

EN

Official Journal of the European Union

22.12.2007

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4848 — Basell/Lyondell)

(Text with EEA relevance)

(2007/C 314/03)

On 26 October 2007, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32007M4848. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).

Non-opposition to a notified concentration

(Case COMP/M.4860 — HRE/DEPFA)

(Text with EEA relevance)

(2007/C 314/04)

On 28 September 2007, the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regu-
lation (EC) No 139/2004. The full text of the decision is available only in English and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32007M4860. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-530/06: Order of the President of the Court of 22 October 2007 — Commission of the European Communities v Italian Republic
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, financial institution, national implementing measure, pension scheme, supplementary pension

22.12.2007

EN

Official Journal of the European Union

C 315/31

Form of order sought

— declare that, by failing to ensure that

that undertakings
which operate public telephone networks make caller loca-
tion information available to authorities handling emergen-
cies for calls to the single European emergency call number
‘112’, the Slovak Republic has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC (1);

— order the Slovak Republic to pay the costs.

Pleas in law and main arguments

The period for adopting measures to transpose the directive
expired on 24 July 2003.

Order of the President of the Court of 22 October 2007 —
the European Communities v Italian
Commission of

Republic

(Case C-530/06) (1)

(2007/C 315/54)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 42, 24.2.2007.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
relating to electronic
and services
(Universal Service Directive), OJ 2002 L 108, p. 51.

the European Parliament and of

communications networks

Order of the President of the Fourth Chamber of the Court
of 27 September 2007 (reference for a preliminary ruling
from the Tribunale Civile Di Genova — Italy) —
Alessandro Tedesco v Tomasoni Fittings SrL, RWO Marine
Equipment Ltd

(Case C-175/06) (1)

(2007/C 315/52)

Language of the case: Italian

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-21/07) (1)

(2007/C 315/55)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 56, 10.3.2007.

(1) OJ C 154, 1.7.2006.

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Eighth Chamber of the Court
of 21 September 2007 — Commission of the European
Communities v Hellenic Republic

(Case C-426/06) (1)

(2007/C 315/53)

Language of the case: Greek

Republic

(Case C-29/07) (1)

(2007/C 315/56)

Language of the case: Greek

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

(1) OJ C 56, 10.3.2007.
Prior notification of a concentration (Case COMP/M.4986 — EQT V/Securitas Direct) Text with EEA relevance
Date: 2007-12-22
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, security services

22.12.2007

EN

Official Journal of the European Union

C 314/41

Prior notification of a concentration

(Case COMP/M.4986 — EQT V/Securitas Direct)

(Text with EEA relevance)

(2007/C 314/13)

1.
On 17 December 2007, 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 EQT V Ltd (‘EQT’,
Channel Islands) which is part of the EQT group acquires within the meaning of Article 3(1)(b) of the
Council Regulation control of the whole of the undertaking Securitas Direct AB (‘Securitas Direct’, Sweden)
by way of public bid announced on 13 November 2007.

2.

The business activities of the undertakings concerned are:

— for EQT: private equity fund, investing in Northern Europe,

— for Securitas Direct: provision of security services including alarm installation with remote monitoring
and response in Sweden, Finland, Norway, Denmark, Belgium, France, the Netherlands, Spain and
Portugal.

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

3.
scope of Regulation (EC) 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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4986 — EQT V/Securitas Direct 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-231/07: Order of the Court of First Instance of 5 November 2007 — ITT Manufacturing Enterprises v OHIM — ITT Trademark & Trade (I.T.T.)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), goods and services, trade-mark law

C 315/44

EN

Official Journal of the European Union

22.12.2007

Order of the Court of First Instance of 5 November 2007
— ITT Manufacturing Enterprises v OHIM — ITT
Trademark & Trade (I.T.T.)

Order of the Court of First Instance of 30 October 2007 —
Simsalagrimm Filmproduktion v Commission and EACEA

(Case T-231/07) (1)

(2007/C 315/83)

Language of the case: English

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

(1) OJ C 199, 25.8.2007.

(Case T-314/07 R)

(2007/C 315/85)

Language of the case: German

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

Order of the Court of First Instance of 15 October 2007 —
cApStAn v Commission

(Case T-287/07) (1)

(2007/C 315/84)

Language of the case: French

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

(1) OJ C 223, 22.9.2007.

Order of the Court of First Instance of 30 October 2007 —
France v Council

(Case T-382/07 R)

(2007/C 315/86)

Language of the case: French

The President of the Court of First Instance has ordered that the
case be removed from the register.
Case T-382/07 R: Order of the Court of First Instance of 30 October 2007 — France v Council
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: Council of the European Union, France, action for annulment (EU), conservation of fish stocks, fishing net, fishing regulations, fishing rights, technical regulations

C 315/44

EN

Official Journal of the European Union

22.12.2007

Order of the Court of First Instance of 5 November 2007
— ITT Manufacturing Enterprises v OHIM — ITT
Trademark & Trade (I.T.T.)

Order of the Court of First Instance of 30 October 2007 —
Simsalagrimm Filmproduktion v Commission and EACEA

(Case T-231/07) (1)

(2007/C 315/83)

Language of the case: English

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

(1) OJ C 199, 25.8.2007.

(Case T-314/07 R)

(2007/C 315/85)

Language of the case: German

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

Order of the Court of First Instance of 15 October 2007 —
cApStAn v Commission

(Case T-287/07) (1)

(2007/C 315/84)

Language of the case: French

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

(1) OJ C 223, 22.9.2007.

Order of the Court of First Instance of 30 October 2007 —
France v Council

(Case T-382/07 R)

(2007/C 315/86)

Language of the case: French

The President of the Court of First Instance has ordered that the
case be removed from the register.
Case C-64/07: Order of the President of the Court of 8 October 2007 — Commission of the European Communities v Ireland
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, environmental monitoring, industrial pollution, national implementing measure, organic chemical, paints and varnishes, solvent

C 315/32

EN

Official Journal of the European Union

22.12.2007

Order of the President of the Court of 19 July 2007 —
the European Communities v Hellenic
Commission of

Order of the President of the Court of 2 August 2007 —
the European Communities v Hellenic
Commission of

Republic

(Case C-53/07) (1)

(2007/C 315/57)

Language of the case: Greek

Republic

(Case C-77/07) (1)

(2007/C 315/59)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

(1) OJ C 69, 23.4.2005.

Order of the President of the Court of 8 October 2007 —
Commission of the European Communities v Ireland

(Case C-64/07) (1)

(2007/C 315/58)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

Order of the President of the Court of 20 September 2007
— Commission of the European Communities v Hellenic
Republic

(Case C-83/07) (1)

(2007/C 315/60)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.