do-me/EUR-LEX huggingface dataset:
Case T-73/06: Judgment of the Court of First Instance of 21 October 2008 — Cassegrain v OHIM (Shape of a bag) (Community trade mark — Application for a Community figurative mark — Shape of a bag — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-10-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

6.12.2008

EN

Official Journal of the European Union

C 313/29

3. Dismisses the action.

4. Orders Powerserv Personalservice GmbH to pay the costs.

Judgment of the Court of First Instance of 23 October
2008 — TIM and TTV v OHIM — PAST PERFECT

(1) OJ C 22, 28.1.2006.

Judgment of the Court of First Instance of 21 October
2008 — Cassegrain v OHIM (Shape of a bag)

(Case T-73/06) (1)

(Community trade mark — Application for a Community
figurative mark — Shape of a bag — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

(2008/C 313/50)

Language of the case: French

Parties

Applicant: Jean Cassegrain SAS (Paris, France) (represented by: Y.
Coursin and T. van Innis, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, acting as Agent)

(represented by: A.

and Designs)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 8 December 2005 (Case R 687/2005-2)
concerning the registration of the figurative sign Shape of a bag
as a Community trade mark.

(Case T-133/06) (1)

(Community trade mark — Invalidity proceedings — Com-
munity word mark PAST PERFECT — Rejection of the appli-
cation for a declaration of invalidity — Article 7(1)(b), (c)
and (d) of Regulation (EC) No 40/94 — Article 7(2))

(2008/C 313/51)

Language of the case: English

Parties

Applicants: TIM The International Music Company AG and TTV
Tonträger-Vertrieb-2000 GmbH (Hamburg, Germany)
(repre-
sented initially by J. Wendt and G. Kukuk, and subsequently by
J. Wendt, 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
Instance: Past Perfect Ltd
intervening before the Court of First
(Bucknell, Oxfordshire, United Kingdom)
(represented initially
by S. Disraeli, and subsequently by K. Tinkler, Solicitors)

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 3 February 2006 (Case R 150/2005-1), relating to
invalidity proceedings between TIM The International Music
Company AG and TTV Tonträger-Vertrieb-2000 GmbH, on the
one hand, and Past Perfect Ltd, on the other.

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action;

2. Orders Jean Cassegrain SAS to pay the costs.

1. Dismisses the action;

2. Orders TIM The International Music Company AG and TTV

Tonträger-Vertrieb-2000 GmbH to pay the costs.

(1) OJ C 108, 6.5.2006.

(1) OJ C 154, 1.7.2006.
Application of the Protocol on the excessive deficit procedure annexed to the EC Treaty (codified version) *European Parliament legislative resolution of 21 October 2008 on the proposal for a Council regulation on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (codified version) (COM(2008)0073 — C6-0147/2008 — 2008/0053(CNS)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: European accounting system, European treaties, Protocol (EU), codification of EU law, data transmission, loss, public debt








CE2010015EN.01009601.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/96





Tuesday 21 October 2008Application of the Protocol on the excessive deficit procedure annexed to the EC Treaty (codified version) *
P6_TA(2008)0483
European Parliament legislative resolution of 21 October 2008 on the proposal for a Council regulation on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (codified version) (COM(2008)0073 — C6-0147/2008 — 2008/0053(CNS))
2010/C 15 E/26
(Consultation procedure — codification)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2008)0073),
having regard to Article 104, paragraph 14, subparagraph 3, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0147/2008),
having regard to the Interinstitutional Agreement of 20 December 1994 — Accelerated working method for official codification of legislative texts (1),
having regard to Rules 80 and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs (A6-0386/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 102, 4.4.1996, p. 2.
Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters *European Parliament legislative resolution of 21 October 2008 on the proposal for a Council decision on the conclusion of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters (COM(2008)0335 — C6-0320/2008 — 2008/0111(CNS)
Date: 2008-10-21
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: European Community, International Civil Aviation Organisation, air safety, common transport policy, harmonisation of standards, safety standard, transport safety








CE2010015EN.01009302.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/93





Tuesday 21 October 2008Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters *
P6_TA(2008)0479
European Parliament legislative resolution of 21 October 2008 on the proposal for a Council decision on the conclusion of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters (COM(2008)0335 — C6-0320/2008 — 2008/0111(CNS))
2010/C 15 E/22
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2008)0335),
having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0320/2008),
having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,
having regard to the report of the Committee on Transport and Tourism (A6-0374/2008),






1.


Approves conclusion of the Memorandum of Cooperation;










2.


Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the International Civil Aviation Organisation.
Commission Regulation (EC) No 1032/2008 of 21 October 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-10-21
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

22.10.2008

EN

Official Journal of the European Union

L 279/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 1032/2008

of 21 October 2008

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Whereas:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1),

Regulation (EC) No 1580/2007 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade negotiations,
the criteria whereby the Commission fixes the standard values
for imports from third countries, in respect of the products and
periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

Having regard to Commission Regulation (EC) No 1580/2007
of 21 December 2007 laying down implementing rules for
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (2), and in
particular Article 138(1) thereof,

The standard import values referred to in Article 138 of Regu­
lation (EC) No 1580/2007 are fixed in the Annex hereto.

This Regulation shall enter into force on 22 October 2008.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 October 2008.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 350, 31.12.2007, p. 1.

L 279/2

EN

Official Journal of the European Union

22.10.2008

Standard import values for determining the entry price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

IL
MA
MK
TR
ZZ

JO
TR
ZZ

TR
ZZ

AR
TR
ZA
ZZ

BR
TR
US
ZZ

AU
CA
CL
CN
MK
NZ
US
ZA
ZZ

CL
CN
TR
ZA
ZZ

107,3
57,6
47,9
83,9
74,2

162,5
138,2
150,4

125,7
125,7

74,6
110,2
78,9
87,9

244,3
110,0
174,6
176,3

161,1
97,3
72,8
93,4
32,9
99,5
96,3
90,0
92,9

60,3
45,5
123,7
83,4
78,2

(1) Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands

for ‘of other origin’.
Notice of the impending expiry of certain anti-dumping measures
Date: 2008-10-21
Institutions: European Commission
Subjects: Faroes, anti-dumping duty, anti-dumping legislation, import, sea fish

21.10.2008

EN

Official Journal of the European Union

C 266/15

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of the impending expiry of certain anti-dumping measures

(2008/C 266/07)

1.
As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not members of the European Community (1), the
Commission gives notice that, unless a review is initiated in accordance with the following procedure, the
anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2. Procedure

Community producers may lodge a written request for a review. This request must contain sufficient
evidence that the expiry of the measures would be likely to result in a continuation or recurrence of
dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of
the exporting country and Community producers will then be provided with the opportunity to amplify,
rebut or comment on the matters set out in the review request.

3. Time limit

Community producers may submit a written request for a review on the above basis, to reach the European
Commission, Directorate-General for Trade (Unit H-1) N-105 04/92, B-1049 Brussels (2) at any time from
the date of the publication of the present notice but no later than three months before the date mentioned
in the table below.

4.

This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96.

Product

Country(ies) of origin
or exportation

Measures

Reference

Date of expiry

Rainbow trout

Faeroe Islands

Anti-dumping duty

Council
No
437/2004
11.3.2004, p. 23)

Regulation
(OJ

(EC)
72,

L

12.3.2009

1628/2003
p.

Regulation
L
(OJ
as
29)

Commission
(EC)
No
232,
last
18.9.2003,
amended by Commission Regu-
lation (EC) No 117/2004 (OJ L 17,
24.1.2004, p. 4)

Undertaking

(1) OJ L 56, 6.3.1996, p. 1.
(2) Fax (32-2) 295 65 05.
Safety rules and standards for passenger ships (recast version) ***IEuropean Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council on safety rules and standards for passenger ships (recast) (COM(2007)0737 — C6-0442/2007 — 2007/0257(COD)
Date: 2008-10-21
Institutions: Committee on Legal Affairs, European Parliament
Subjects: activity report, application of EU law, operation of the Institutions, principle of proportionality, principle of subsidiarity








CE2010015EN.01012302.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/123





Tuesday 21 October 2008Safety rules and standards for passenger ships (recast version) ***I
P6_TA(2008)0498
European Parliament legislative resolution of 21 October 2008 on the proposal for a directive of the European Parliament and of the Council on safety rules and standards for passenger ships (recast) (COM(2007)0737 — C6-0442/2007 — 2007/0257(COD))
2010/C 15 E/35
(Codecision procedure — recast)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0737),
having regard to Article 251(2) and Article 80(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0442/2007),
having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (1),
having regard to the undertakings given by the Council representative by letter of 3 September 2008 to adopt the proposal, in accordance with Article 251(2) of the EC Treaty and with the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission,
having regard to Rules 80a and 51 of its Rules of Procedure,
having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Transport and Tourism (A6-0300/2008),






A.


whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,










1.


Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and the Commission.






(1)  OJ C 77, 28.3.2002, p. 1.
Euro exchange rates
Date: 2008-10-21
Institutions: European Commission
Subjects: euro, exchange rate

C 266/8

EN

Official Journal of the European Union

21.10.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

20 October 2008

(2008/C 266/03)

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

1,3424

TRY

Turkish lira

136,45

AUD Australian dollar

7,4538

0,77165

9,919

1,5299

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

2,0331

1,936

1,59

10,4133

2,179

1,9853

305

KRW South Korean won

1 768,61

8,787

1,9558

24,986

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

268,27

MYR Malaysian ringgit

3,4528

0,7091

3,5766

3,6545

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,465

MXN Mexican peso

13,5213

9,1685

7,1792

13 215,93

4,7279

64,3

35,2765

46,017

2,8329

17,1693

(1) Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 1036/2008 of 21 October 2008 establishing a prohibition of fishing for cod in VIIa by vessels flying the flag of Ireland
Date: 2008-10-21
Institutions: European Commission
Subjects: Ireland, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag

22.10.2008

EN

Official Journal of the European Union

L 279/17

COMMISSION REGULATION (EC) No 1036/2008

of 21 October 2008

establishing a prohibition of fishing for cod in VIIa by vessels flying the flag of Ireland

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

It is therefore necessary to prohibit fishing for that stock
and its retention on board, transhipment and landing,

Having regard to the Treaty
Community,

establishing the European

HAS ADOPTED THIS REGULATION:

Having regard to Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi­
the common fisheries
tation of
policy (1), and in particular Article 26(4) thereof,

resources under

fisheries

Having regard to Council Regulation (EEC) No 2847/93 of
12 October 1993 establishing a control system applicable to
common fisheries policy (2), and in particular Article 21(3)
thereof,

Whereas:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in
the Annex to this Regulation for the stock referred to therein
for 2008 shall be deemed to be exhausted from the date set out
in that Annex.

Article 2

Prohibitions

(1)

(2)

Council Regulation (EC) No 40/2008 of 16 January 2008
fixing for 2008 the fishing opportunities and associated
fish
conditions for certain fish stocks and groups of
in Community waters
stocks
for
and
Community vessels,
in waters where catch limitations
are required (3), lays down quotas for 2008.

applicable

Fishing for the stock referred to in the Annex to this Regulation
by vessels flying the flag of or registered in the Member State
referred to therein shall be prohibited from the date set out in
that Annex. It shall be prohibited to retain on board, tranship
or land such stock caught by those vessels after that date.

to

the

information

the
received
According
Commission, catches of
the stock referred to in the
Annex to this Regulation by vessels flying the flag of
or registered in the Member State referred to therein
have exhausted the quota allocated for 2008.

by

Article 3

Entry into force

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 October 2008.

For the Commission

Fokion FOTIADIS
Director-General for Maritime Affairs and Fisheries

(1) OJ L 358, 31.12.2002, p. 59.
(2) OJ L 261, 20.10.1993, p. 1.
(3) OJ L 19, 23.1.2008, p. 1.

L 279/18

EN

Official Journal of the European Union

22.10.2008

No

Member State

Stock

Species

Area

Date

ANNEX

47/T&Q

IRL

COD/07A.

Cod (Gadus morhua)

VIIa

22.4.2008
Agreement on Scientific and Technological Cooperation: EC and New Zealand *European Parliament legislative resolution of 21 October 2008 on the proposal for a Council decision on the conclusion on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Government of New Zealand of the other part (COM(2008)0170 — C6-0292/2008 — 2008/0066(CNS)
Date: 2008-10-21
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU research policy, New Zealand, cooperation agreement (EU), intellectual property, scientific cooperation, technical cooperation, technology








CE2010015EN.01009301.xml










21.1.2010   


EN


Official Journal of the European Union


CE 15/93





Tuesday 21 October 2008Agreement on Scientific and Technological Cooperation: EC and New Zealand *
P6_TA(2008)0478
European Parliament legislative resolution of 21 October 2008 on the proposal for a Council decision on the conclusion on behalf of the European Community of the Agreement on Scientific and Technological Cooperation between the European Community of the one part and the Government of New Zealand of the other part (COM(2008)0170 — C6-0292/2008 — 2008/0066(CNS))
2010/C 15 E/21
(Consultation procedure)

The European Parliament,
having regard to the proposal for a Council decision (COM(2008)0170),
having regard to Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (1),
having regard to Article 170 and Article 300(2), first subparagraph, first sentence of the EC Treaty,
having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0292/2008),
having regard to Rule 51 and Rules 83(7) and 43(1) of its Rules of Procedure,
having regard to the report of the Committee on Industry, Research and Energy (A6-0367/2008),






1.


Approves conclusion of the agreement;










2.


Instructs its President to forward its position to the Council, the Commission, and the governments and parliaments of the Member States and of New Zealand.






(1)  OJ L 412, 30.12.2006, p. 1.