do-me/EUR-LEX huggingface dataset:
Case T-181/06: Judgment of the Court of First Instance of 10 September 2008 — Italy v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Financial adjustments — Fruit and vegetables — Dairy products — Arable farming — Rural development — Non-compliance with payment deadlines)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Italy, action for annulment (EU), agricultural expenditure, closing of accounts

C 272/20

EN

Official Journal of the European Union

25.10.2008

Judgment of the Court of First Instance of 10 September
2008 — Tsakiris-Mallas AE v OHIM — Late Editions (exē)

Judgment of the Court of First Instance of 10 September
2008 — Italy v Commission

(Case T-96/06) (1)

(Case T-181/06) (1)

(Community trade mark — Opposition proceedings —
Application for Community figurative mark exē — Earlier
national word mark EXE — Relative ground for refusal —
Likelihood of confusion — Similarity of goods and signs —
Article 8(1)(b) of Regulation (EC) No 40/94)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Financial adjustments — Fruit and
vegetables — Dairy products — Arable farming — Rural
development — Non-compliance with payment deadlines)

(2008/C 272/36)

Language of the case: Greek

(2008/C 272/37)

Language of the case: Italian

Parties

Parties

Applicant: Tsakiris-Mallas AE (Athens, Greece) (represented by: C.
Samaras, lawyer)

Applicant: Italian Republic (represented by: G.Aiello, lawyer)

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

Defendant: Commission of the European Communities (repre-
sented by: C.Cattabriga and F.Jimeno Fernandez, acting as
Agents, and A.Dal Ferro, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM:
Late Editions Ltd (Leighton Buzzard, Bedfordshire, United
Kingdom)

Re:

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 11 January 2006 (Case R 1127/2004-2)
concerning opposition proceedings between Late Editions Ltd
and Tsakiris-Mallas EPE (now Tsakiris-Mallas AE).

the Guarantee Section of

Application for partial annulment of Commission Decision
2006/334/EC of 28 April 2006 excluding from Community
financing certain expenditure incurred by the Member States
the European Agricultural
under
Guidance and Guarantee Fund (EAGGF) (OJ L 124, p. 21) in so
far as it excludes certain expenditure incurred by the Italian
Republic in the sectors of fruit and vegetables, milk and dairy
as
arable
products,
concerning payment deadlines.

rural development

farming,

as well

Operative part of the judgment

Operative part of the judgment

The Court:

1. dismisses the action;

The Court:

1. dismisses the action;

2. orders Tsakiris-Mallas AE to pay the costs.

2. orders the Italian Republic to pay the costs.

(1) OJ 2006 C 108.

(1) OJ C 212, 2.9.2006.
Case T-26/07: Order of the Court of First Instance of 10 September 2008 — Serviço Intermunicipalizado de Gestão de Resíduos do Grande Porto (Lipor) v Commission (Action for annulment — Cohesion Fund — Regulation (EC) No 1164/94 — Reduction of financial assistance — No direct concern — Inadmissibility)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: European Commission, Portugal, State aid, action for annulment (EU), control of State aid, principle of proportionality, public contract, redemption

8.11.2008

EN

Official Journal of the European Union

C 285/41

Order of the Court of First Instance of 8 September 2008
— Rath v OHIM — Grandel (Epican)

Order of the Court of First Instance of 10 September 2008
— Serviço Intermunicipalizado de Gestão de Resíduos do
Grande Porto (Lipor) v Commission

(Case T-374/06) (1)

(Case T-26/07) (1)

(Community trade mark — Opposition proceedings —
Application for registration of the Community word mark
Epican — Earlier Community word mark EPIGRAN — Rela-
tive ground for
confusion —
Article 8(1)(b) of Regulation (EC) No 40/94 — Action mani-
festly lacking any foundation in law)

refusal — Likelihood of

(Action for annulment — Cohesion Fund — Regulation (EC)
No 1164/94 — Reduction of financial assistance — No direct
concern — Inadmissibility)

(2008/C 285/75)

Language of the case: German

(2008/C 285/76)

Language of the case: Portuguese

Parties

Parties

Applicant: Matthias Rath (Cape Town, South Africa) (represented
by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)

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: Dr. Grandel GmbH
(Augsburg, Germany) (represented by: G. Hodapp, lawyer)

Applicant: Serviço Intermunicipalizado de Gestão de Resíduos do
Grande Porto (Lipor) (Baguim do Monte, Portugal) (represented
by: P. Moura Pinheiro, M. Gorjão Henriques and F. Quintela,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: P. Guerra e Andrade and A. Weimar, Agents)

Re:

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 5 October 2006 (Case R 1324/2005-1), relating to
opposition proceedings between Dr. Grandel GmbH and
Matthias Rath.

Action for annulment of decision C(2006) 5008 of
the
Commission of 17 October 2006 concerning the reduction of
the Cohesion Fund as regards certain projects relating to the
factory for the incineration of solid urban waste of household
origin in the Region of Porto.

Operative part of the order

Operative part of the order

1. The action is dismissed as manifestly lacking any foundation in

law.

1. The action is dismissed as inadmissible;

2. Matthias Rath shall bear his own costs and those incurred by the
Office for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) and Dr. Grandel GmbH.

2. Serviço Intermunicipalizado de Gestão de Resíduos do Grande
Porto (Lipor) shall pay its own costs and those incurred by the
Commission.

(1) OJ C 42, 24.2.2007.

(1) OJ C 82 of 17.4.2007.
Case T-243/06: Judgment of the Court of First Instance of 10 September 2008 — Promat v OHIM — Puertas Proma (PROMAT) (Community trade mark — Opposition procedure — Application for Community figurative mark PROMAT — Earlier Community figurative mark PROMA — Partial refusal to register — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, appeal, building materials, trade-mark law

25.10.2008

EN

Official Journal of the European Union

C 272/21

Judgment of the Court of First Instance of 10 September
2008 — Gerson v OHIM (Paint filter partly coloured
yellow)

Judgment of the Court of First Instance of 10 September
2008 — Promat v OHIM — Puertas Proma (PROMAT)

(Case T-201/06) (1)

(Case T-243/06) (1)

(Community trade mark — Application for a three-dimen-
sional Community trade mark — Paint filter partly coloured
yellow — Absolute ground for refusal — Lack of distinctive
character — Article 7(1)(b) of Regulation (EC) No 40/94)

(Community trade mark — Opposition procedure — Applica-
tion for Community figurative mark PROMAT — Earlier
Community figurative mark PROMA — Partial refusal to
register — Relative ground for refusal — Likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/38)

Language of the case: English

(2008/C 272/39)

Language of the case: German

Parties

Parties

Applicant: Louis M. Gerson Co., Inc., (Middleboro, Massachusetts,
United States) (represented by: M. Edenborough, Barrister)

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

Applicant: Promat GmbH (Ratingen, Germany) (represented by: J.
Krenzel and S.Beckmann, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Puertas Proma SAL (Villacañas, Spain).

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 15 May 2006 (Case R 1387/2005-2)
concerning an application for registration as a Community trade
mark of a three-dimensional sign consisting of a paint filter
coloured yellow near the tip.

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 4 May 2006 (Case R 1059/2005-1) concerning
opposition proceedings between Puertas Proma SAL and Promat
GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action.

The Court:

1. dismisses the action;

2. Orders Louis M. Gerson Co., Inc. to pay the costs.

2. orders Promat GmbH to pay the costs.

(1) OJ C 224, 16.9.2006.

(1) OJ C 310, 16.12.2006.
Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands on the basis of Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons
Date: 2008-09-10
Institutions: Netherlands
Subjects: Netherlands, energy site, exchange of information, exploitation of resources, hydrocarbon, mineral prospecting

C 232/34

EN

Official Journal of the European Union

10.9.2008

Communication from the Minister for Economic Affairs of the Kingdom of the Netherlands on the
basis of Article 3(2) of Directive 94/22/EC of the European Parliament and of the Council on the
conditions for granting and using authorisations for the prospection, exploration and production of
hydrocarbons

(2008/C 232/10)

The Minister for Economic Affairs hereby gives notice that an application has been received for authorisation
to prospect for hydrocarbons in block E9, as indicated on the map appended as Annex 3 to the Mining
Regulation (Mijnbouwregeling) (Government Gazette (Staatscourant) 2002, No 245).

the Mining Act
With reference to the Directive mentioned in the introduction and Article 15 of
(Mijnbouwwet) (Bulletin of Acts and Decrees (Staatsblad) 2002, No 542), the Minister for Economic Affairs
hereby invites interested parties to submit a competing application for authorisation to prospect for hydro-
carbons in block E9 of the Dutch continental shelf.

The Minister for Economic Affairs is the competent authority for the granting of authorisations. The criteria,
conditions and requirements referred to in Articles 5(1), 5(2) and 6(2) of the abovementioned Directive are
set out in the Mining Act (Bulletin of Acts and Decrees 2002, No 542).

Applications may be submitted during the 13 weeks following the publication of this notice in the Official
Journal of the European Union and should be sent to:

Minister for Economic Affairs
For the attention of J.C. De Groot, Director for the Energy Market
ALP/562
Bezuidenhoutseweg 30
Postbus 20101
2500 EC Den Haag
Nederland

Applications received after the expiry of this period will not be considered.

A decision on the applications will be taken not later than 12 months after this period has expired.

Further
(31-70) 379 77 62.

information can be obtained from Mr E.J. Hoppel on the following telephone number:
Statement of revenue and expenditure of the European Environment Agency for the financial year 2008 — Amending Budget No 1
Date: 2008-09-10
Institutions: European Environment Agency
Subjects: European Environment Agency, amending budget, expenditure, financial year, publication of accounts, revenue

10.9.2008

EN

Official Journal of the European Union

L 242/5

Statement of revenue and expenditure of the European Environment Agency
for the financial year 2008 — Amending Budget No 1

(2008/700/EC)

L 242/6

EN

Official Journal of the European Union

10.9.2008

EUROPEAN ENVIRONMENT AGENCY

Title
Chapter

1

1 0

REVENUE

Heading

Budget 2008

Amending budget
No 1

New amount

EUROPEAN COMMUNITY SUBSIDY, EUROPEAN FREE TRADE
ASSOCIATION (EFTA) CONTRIBUTION AND NEW MEMBER
COUNTRIES CONTRIBUTION

EUROPEAN COMMUNITY SUBSIDY AND EUROPEAN FREE TRADE
ASSOCIATION (EFTA) CONTRIBUTION

36 626 838

Title 1 — Total

36 626 838

96 901

96 901

36 723 739

36 723 739

2

2 5

MISCELLANEOUS REVENUE

MISCELLANEOUS REVENUES

p.m.

Title 2 — Total

400 000

40 540

40 540

40 540

440 540

GRAND TOTAL

37 026 838

137 441

37 164 279

10.9.2008

EN

Official Journal of the European Union

L 242/7

EUROPEAN ENVIRONMENT AGENCY

Title
Chapter

Heading

Appropriations 2008

Amending budget
No 1

New amount

EXPENDITURE

1

1 1

1 2

2

2 1

2 2

2 3

3

3 3

3 6

STAFF

STAFF IN ACTIVE EMPLOYMENT

17 407 838

– 100 000

17 307 838

EXPENDITURE RELATED TO RECRUITMENT

175 000

100 000

275 000

Title 1 — Total

19 232 838

0

19 232 838

ADMINISTRATIVE EXPENDITURE

RENTAL OF BUILDINGS AND ASSOCIATED COSTS

MOVABLE PROPERTY AND ASSOCIATED COSTS (7)

CURRENT ADMINISTRATIVE EXPENDITURE

2 297 000

455 000

434 000

Title 2 — Total

3 428 000

– 1 000

19 000

1 000

19 000

2 296 000

474 000

435 000

3 447 000

OPERATING EXPENDITURE

RESOURCES (5)

STRATEGIC ACTIONS (5)

10 435 800

257 441

10 693 241

3 930 200

– 139 000

3 791 200

Title 3 — Total

14 366 000

118 441

14 484 441

GRAND TOTAL

37 026 838

137 441

37 164 279
Euro exchange rates
Date: 2008-09-10
Institutions: European Commission
Subjects: euro, exchange rate

C 232/2

EN

Official Journal of the European Union

10.9.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

9 September 2008

(2008/C 232/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,4144

TRY

Turkish lira

152,90

AUD Australian dollar

7,4569

0,80300

9,4684

1,5995

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,7298

1,7387

1,5030

11,0318

2,0970

2,0235

127,29

KRW South Korean won

1 551,60

8,0330

1,9558

24,768

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

239,23

MYR Malaysian ringgit

3,4528

0,7040

3,4515

3,5835

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,265

MXN Mexican peso

11,1663

9,6718

7,1332

13 182,21

4,8783

66,060

36,1315

48,860

2,4591

14,8194

(1) Source: reference exchange rate published by the ECB.
Case T-381/04: Judgment of the Court of First Instance of 10 September 2008 — Italy v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Animal subsidies and rural development — Inadequate national management and control system)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, European Commission, Italy, action for annulment (EU), agricultural expenditure, rural development

25.10.2008

EN

Official Journal of the European Union

C 272/15

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 9 September
2008 — MyTravel v Commission

Judgment of the Court of First Instance of 10 September
2008 — Italy v Commission

(Case T-212/03) (1)

(Case T-381/04) (1)

(Non-contractual liability of the Community — Competition
— Decision declaring a concentration incompatible with the
common market — Annulment of the decision by a judgment
of the Court of First Instance — Sufficiently serious breach of
a rule of law intended to confer rights on individuals)

(EAGGF — Guarantee Section — Expenditure excluded from
Community financing — Animal subsidies and rural develop-
ment — Inadequate national management and control system)

(2008/C 272/26)

Language of the case: English

(2008/C 272/27)

Language of the case: Italian

Parties

Applicant: MyTravel Group plc (Rochdale, Lancashire, United
Kingdom) (represented by: D. Pannick, QC, M. Nicholson and
S. Cardell, Solicitors, A. Lewis, Barrister, and R. Gillis, QC)

Defendant: Commission of the European Communities (repre-
sented by: initially by R. Lyal, A. Whelan and P. Hellström, and
subsequently by R. Lyal and F. Arbault, Agents)

Parties

Applicant: Italian Republic (represented by: M.Fiorilli, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: C.Cattabriga and L.Visaggio, acting as Agents)

in support of

the defendant: Federal Republic of
Intervener
Germany (represented by: W.-D. Plessing and M. Lumma,
Agents)

Re:

Re:

APPLICATION for damages for the loss allegedly suffered by the
applicant by reason of the unlawfulness of the proceedings for
determining whether the concentration between the applicant
and First Choice plc was compatible with the common market.

Application for partial annulment of Commission Decision
2004/561/EC of 16 July excluding from Community financing
certain expenditure incurred by the Member States under the
Guarantee Section of the European Agricultural Guidance and
in so far as it
Guarantee Fund (EAGGF)
excludes certain expenditure incurred by the Italian Republic in
the sectors of animal subsidies and rural development.

(OJ L 250, p. 21),

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders MyTravel Group plc to bear its own costs;

3. Orders the Commission to bear its own costs;

Operative part of the judgment

The Court:

1. dismisses the action;

4. Orders the Federal Republic of Germany to bear its own costs.

2. orders the Italian Republic to pay the costs.

(1) OJ C 200, 23.8.2003.

(1) OJ C 273, 6.11.2004.