do-me/EUR-LEX huggingface dataset:
Case T-275/06: Order of the Court of First Instance of 4 November 2008 — Omya v Commission
Date: 2008-11-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Commission, chemical industry, competition, economic concentration, merger control, trade-mark law

20.12.2008

EN

Official Journal of the European Union

C 327/41

Decision of the Examiner: Refusal of registration.

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

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1) in that the trade mark applied for has the neces-
sary minimum distinctive character.

Order of the Court of First Instance of 11 September 2008
— Italy v Commission

(Case T-126/06) (1)

(2008/C 327/74)

Language of the case: Italian

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

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

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

(1) OJ C 143, 17.6.2006.

Order of the Court of First Instance (Sixth Chamber) of
14 October 2008 — Casinò municipale di Venezia v
Commission

(Case T-221/00) (1)

(2008/C 327/72)

Language of the case: Italian

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

Order of the Court of First Instance of 4 November 2008
— Omya v Commission

(Case T-275/06) (1)

(2008/C 327/75)

Language of the case: English

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

(1) OJ C 316, 4.11.2000.

(1) OJ C 294, 2.12.2006.

Order of the Court of First Instance of 13 October 2008 —
v
Azivo Algemeen

Volharding

Ziekenfonds De
Commission

Order of the Court of First Instance of 5 November 2008
— Xinhui Alida Polythene v Council

(Case T-84/06) (1)

(2008/C 327/73)

(Case T-364/06) (1)

(2008/C 327/76)

Language of the case: Dutch

Language of the case: English

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

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

(1) OJ C 108, 6.5.2006.

(1) OJ C 20, 27.1.2007.
Commission Regulation (EC) No 1079/2008 of 4 November 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-11-04
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit

5.11.2008

EN

Official Journal of the European Union

L 296/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 1079/2008

of 4 November 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 5 November 2008.

Article 2

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

Done at Brussels, 4 November 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 296/2

EN

Official Journal of the European Union

5.11.2008

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 20 10

0805 20 30, 0805 20 50, 0805 20 70,
0805 20 90

0805 50 10

0806 10 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

MA
MK
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

MA
ZZ

HR
TR
ZZ

AR
MA
TR
ZA
ZZ

BR
TR
US
ZA
ZZ

CA
CL
CN
NZ
US
ZA
ZZ

CN
US
ZZ

41,3
43,0
49,3
44,5

175,3
26,4
147,3
116,3

44,6
126,1
85,4

95,2
95,2

28,3
79,0
53,7

82,1
103,9
107,6
102,7
99,1

236,2
129,7
272,9
218,0
214,2

96,3
68,1
66,8
104,3
132,8
96,9
94,2

51,0
208,3
129,7

(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’.
Case C-26/08: Order of the President of the Court of 4 November 2008 — Commission of the European Communities v Federal Republic of Germany
Date: 2008-11-04
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, harbour installation, national implementing measure, pollution from ships, vessel, waste management

21.3.2009

EN

Official Journal of the European Union

C 69/31

Order of the President of the Seventh Chamber of the
the
Court of 22 December 2008 — Commission of

Order of the President of the Court of 27 November 2008
— Commission of the European Communities v Ireland

European Communities v Hellenic Republic

(Case C-548/07) (1)

(2009/C 69/61)

Language of the case: Greek

(Case C-48/08) (1)

(2009/C 69/64)

Language of the case: English

The President of the Seventh Chamber 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 22, 26.1.2008.

(1) OJ C 92, 12.4.2008.

Order of the President of the Court of 9 September 2008
— Commission of the European Communities v Republic
of Portugal

Order of the President of the Court of 10 November 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-24/08) (1)

(2009/C 69/62)

Language of the case: Portuguese

(Case C-82/08) (1)

(2009/C 69/65)

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 79, 29.3.2008.

(1) OJ C 92, 12.4.2008.

Order of the President of the Court of 4 November 2008
— Commission of the European Communities v Federal
Republic of Germany

Order of the President of the Court of 5 November 2008
— Commission of the European Communities v Republic
of Austria

(Case C-26/08) (1)

(2009/C 69/63)

(Case C-107/08) (1)

(2009/C 69/66)

Language of the case: German

Language of the case: German

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 92, 12.4.2008.

(1) OJ C 107, 26.4.2008.
Case T-301/08: Order of the Court of First Instance of 4 November 2008 — Laura Ashley v OHIM — Tiziana Bucci (LAURA ASHLEY)
Date: 2008-11-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, medical device, trade-mark law

C 327/42

EN

Official Journal of the European Union

20.12.2008

Order of the Court of First Instance of 20 October 2008 —
Las Palmeras and Others v Council and Commission

Order of the Court of First Instance of 11 September 2008
— Italy v Commission

(Joined Cases T-217/07, T-218/07, T-244/07 to T-246/07,
T-252/07 to T-255/07, T-258/07 to T-260/07, T-268/07
to T-272/07 and T-394/07) (1)

(2008/C 327/77)

Language of the case: Spanish

The President of the Eighth Chamber has ordered that Joined
Cases T-217/07, T-218/07, T-244/07, T-245/07, T-246/07,
T-253/07, T-254/07, T-255/07, T-258/07, T-259/07, T-260/07,
T-268/07, T-269/07, T-270/07 and T-394/07 be removed from
the register.

(1) OJ C 211, 8.9.2007.

(Case T-494/07) (1)

(2008/C 327/79)

Language of the case: Italian

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

(1) OJ C 64, 8.3.2008.

Order of the Court of First Instance of 16 October 2008 —
International
Kenitex-Química v OHIM — Chemicals

(Kenitex TINTAS A qualidade da cor)

(Case T-322/07) (1)

(2008/C 327/78)

Language of the case: Portuguese

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

(1) OJ C 269, 10.11.2007.

Order of the Court of First Instance of 4 November 2008
(LAURA
— Laura Ashley v OHIM — Tiziana Bucci

ASHLEY)

(Case T-301/08) (1)

(2008/C 327/80)

Language of the case: English

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

(1) OJ C 247, 27.9.2008.
Case F-41/06: Judgment of the Civil Service Tribunal (First Chamber) of 4 November 2008 — Marcuccio v Commission (Staff cases — Officials — Social security — Insurance against the risk of accident and occupational disease — Invalidity — Retirement on the ground of invalidity — Statement of reasons — Annulment)
Date: 2008-11-04
Institutions: Civil Service Tribunal
Subjects: European official, disability insurance, early retirement, indemnification, personnel administration

C 6/44

EN

Official Journal of the European Union

10.1.2009

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
4 November 2008 — Marcuccio v Commission

Judgment of the Civil Service Tribunal (First Chamber) of
25 November 2008 — Pierre Bosman v Council of the
European Union

(Case F-41/06) (1)

(Staff cases — Officials — Social security — Insurance
against the risk of accident and occupational disease — Inva-
lidity — Retirement on the ground of invalidity — Statement
of reasons — Annulment)

(2009/C 6/88)

Language of the case: Italian

(Case F-145/07) (1)

(Staff case — Former member of the contract staff — Retire-
ment pension — Household allowance — Article 109(3) of
the CEOS)

(2009/C 6/89)

Language of the case: French

Parties

Applicant: Luigi Marcuccio (Tricase,
L. Garofalo, lawyer)

Italy)

(represented by:

Parties

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and C. Berardis-Kayser, acting as Agents,
assisted by A. Dal Ferro, lawyer)

Applicant: Pierre Bosman (Lebbeke, Belgium)
T. Bontinck and P. Gennari Curlo, lawyers)

(represented by:

Re:

Defendant: Council of
M. Bauer and I. Šulce, Agents)

the European Union (represented by:

First, action for annulment of
the Commission decision by
which the applicant was retired on grounds of invalidity and of
a series of measures connected to that decision and, secondly, a
claim for damages

Re:

Operative part of the judgment

The Tribunal:

1. annuls the decision of the Commission of the European Commu-
nities of 30 May 2005 by which Mr Marcuccio was retired on
grounds of invalidity;

2. orders the Commission of the European Communities to pay Mr

Marcuccio the sum of EUR 3 000;

3. dismisses the action as to the remainder;

4. orders the Commission of the European Communities to pay two
thirds of Mr Marcuccio's costs as well as to bear its own costs;

5. orders Mr Marcuccio to bear one third of his own costs.

Annulment of
the decision relating to an individual of
28 February 2007 refusing the household allowance for the
purposes of the calculation of retirement pension rights, on the
basis of Article 109(3) of the Conditions of Employment of
Other Servants of the European Communities.

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders Mr Bosman to pay all the costs, that is to bear his own
costs and to pay those of the Council of the European Union.

(1) OJ C 131, 3.6.2006, p. 54.

(1) OJ C 79, 29.3.2008, p. 38.
2008/846/EC: Council Decision of 4 November 2008 appointing an Italian member of the Committee of the Regions
Date: 2008-11-04
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of staff

L 301/12

EN

Official Journal of the European Union

12.11.2008

COUNCIL DECISION

of 4 November 2008

appointing an Italian member of the Committee of the Regions

(2008/846/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
Community, and in particular Article 263 thereof,

establishing the European

Having regard to the proposal of the Italian Government,

Whereas:

(1)

(2)

the Council adopted Decision
On 24 January 2006,
2006/116/EC (1) appointing the members and alternate
members of the Committee of the Regions for the period
from 26 January 2006 to 25 January 2010.

A member’s seat on the Committee of the Regions has
become vacant following the expiry of the mandate of
Mr Fabio GAVA,

Article 1

The following is hereby appointed as a member of
the
Committee of the Regions for the remainder of the current
term of office, which runs until 25 January 2010:

Ms Maria Luisa COPPOLA, Consigliere regionale — Assessore,
Regione Veneto.

Article 2

This Decision shall take effect on the day of its adoption.

Done at Brussels, 4 November 2008.

For the Council
The President

C. LAGARDE

(1) OJ L 56, 25.2.2006, p. 75.
2008/847/EC: Council Decision of 4 November 2008 on the eligibility of central Asian countries under Decision 2006/1016/EC granting a Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community
Date: 2008-11-04
Institutions: Council of the European Union
Subjects: Central Asia, EIB loan, EU relations, cooperation policy, financial aid, foreign policy

12.11.2008

EN

Official Journal of the European Union

L 301/13

COUNCIL DECISION

of 4 November 2008

on the eligibility of central Asian countries under Decision 2006/1016/EC granting a Community
guarantee to the European Investment Bank against losses under loans and loan guarantees for
projects outside the Community

(2008/847/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty
Community, and in particular Article 181a thereof,

establishing the European

Having regard to the proposal from the Commission,

Since the macroeconomic conditions prevailing in the
central Asian countries, and in particular the situation
regarding external finances and debt sustainability, have
improved in recent years as a result of strong economic
those
growth and prudent macroeconomic policies,
countries should be allowed access to financing from
the EIB,

Having regard to the opinion of the European Parliament,

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

(3)

2

of

with

Article

accordance

Decision
In
2006/1016/EC (1), for countries listed in Annex I and
marked with an asterisk (*) and for others not listed in
Annex I, eligibility for European Investment Bank (EIB)
financing under Community guarantee is decided by the
Council on a case by case basis in accordance with the
procedure provided for in Article 181a(2) of the Treaty.

Annex I to Decision 2006/1016/EC includes five central
Asian countries, namely Kazakhstan, Kyrgyzstan, Taji­
kistan, Turkmenistan and Uzbekistan,
the
countries marked with an (*).

among

In the EU Strategy for a new partnership with central
Asia, adopted by the European Council in its meeting of
21 and 22 June 2007,
it is highlighted that the EIB
should play an important role in financing projects of
interest to the EU in central Asia.

Article 1

Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbe­
kistan shall be eligible for EIB financing under Community
guarantee in accordance with Decision 2006/1016/EC.

Article 2

This Decision shall take effect on the third day following its
publication in the Official Journal of the European Union.

Done at Brussels, 4 November 2008.

For the Council
The President

C. LAGARDE

(1) OJ L 414, 30.12.2006, p. 95.
Interest rate applied by the European Central Bank to its main refinancing operations: 3,75 % on 1 November 2008 — Euro exchange rates
Date: 2008-11-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interactivity

4.11.2008

EN

Official Journal of the European Union

C 280/1

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

3,75 % on 1 November 2008

Euro exchange rates (2)

3 November 2008

(2008/C 280/01)

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

1,2822

TRY

Turkish lira

126,38

AUD Australian dollar

7,4443

0,79690

9,8512

1,4832

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9718

1,9102

1,5340

9,9376

2,1836

1,8891

305,00

KRW South Korean won

1 623,01

8,4800

1,9558

24,280

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

258,36

MYR Malaysian ringgit

3,4528

0,7092

3,5593

3,6870

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

30,400

MXN Mexican peso

12,5374

8,7678

7,1566

14 104,20

4,5153

62,210

34,5839

44,813

2,8096

16,3737

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the

interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.
Case T-161/07: Judgment of the Court of First Instance of 4 November 2008 — Group Lottuss Corp v OHIM — Ugly (COYOTE UGLY) (Community trade mark — Opposition procedure — Application for the figurative Community mark COYOTE UGLY — Earlier Community word mark COYOTE UGLY — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation(EC) No 40/94)
Date: 2008-11-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Spain, leisure, service, trade-mark law

C 327/22

EN

Official Journal of the European Union

20.12.2008

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 5 November
2008 — Neoperl Servisys AG v OHIM (HONEYCOMB)

Judgment of the Court of First Instance of 4 November
2008 — Group Lottuss Corp v OHIM — Ugly (COYOTE
UGLY)

(Case T-256/06) (1)

(Case T-161/07) (1)

(Community trade mark — Application for the Community
word mark HONEYCOMB — Absolute grounds for refusal
— Descriptive character — Article 7(1)(c) of Regulation (EC)
No 40/94)

(Community
trade mark — Opposition procedure —
Application for the figurative Community mark COYOTE
UGLY — Earlier Community word mark COYOTE UGLY —
Relative grounds for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation(EC) No 40/94)

(2008/C 327/39)

Language of the case: German

(2008/C 327/40)

Language of the case: Spanish

Parties

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

(repre-

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

Parties

(repre-
Applicant: Group Lottuss Corp., SL (Barcelona, Spain)
sented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz Aven-
daño and J. Arribas García, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
J. Laporta Insa,
acting as Agent)

(represented by:

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Ugly, Inc. (Cornwall,
New York, United States) (represented by: S. Malynicz, barrister,
M. Blair and C. Balme, solicitors)

Re:

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 17 July 2006 (Case R 1388/2005-4)
concerning an application to register the word mark HONEY-
COMB as a Community trade mark.

Action brought against the decision of the Second Board of
Appeal of OHIM of 2 March 2007 (Joined Cases R 165/2006-2
and R 194/2006-2) concerning an opposition procedure
between Ugly Inc. and Group Lottuss Corp., SL.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Neoperl Servisys AG to pay the costs.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Group Lottuss Corp., SL to bear all its own costs, to pay
four fifths of the costs of the Office for Harmonisation in the
Internal Market(Trade Marks and Designs)(OHIM) and to pay
four fifths of the costs of Ugly Inc.;

3. orders Ugly Inc. to bear one fifth of its own costs and to pay one

fifth of OHIM's costs.

(1) OJ C 261 of 28.10.2006.

(1) OJ C 155 of 7.7.2007.