do-me/EUR-LEX huggingface dataset:
Case T-162/06: Judgment of the Court of First Instance of 14 January 2009 — Kronoply v Commission (State aid — Regional aid for large investment projects — Decision declaring the aid incompatible with the common market — Statement of reasons — Incentive effect of the aid — Necessity of the aid)
Date: 2009-01-14
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for annulment (EU), control of State aid, investment project, regional aid

C 55/22

EN

Official Journal of the European Union

7.3.2009

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 14 January 2009
— Kronoply v Commission

Judgment of the Court of First Instance of 21 January 2009
— giropay v OHIM (GIROPAY)

(Case T-162/06) (1)

(Case T-399/06) (1)

(State aid — Regional aid for large investment projects —
Decision declaring the aid incompatible with the common
market — Statement of reasons — Incentive effect of the aid
— Necessity of the aid)

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

(2009/C 55/38)

(2009/C 55/39)

Language of the case: German

Language of the case: German

Parties

Parties

Applicant: Kronoply GmbH & Co. KG (Heiligengrabe, Germany)
(represented by: R. Nierer and L. Gordalla, lawyers)

Applicant: giropay GmbH (Frankfurt am Main, Germany) (repre-
sented by: K. Gründig-Schnelle, lawyer)

Defendant: Commission of the European Communities (repre-
sented initially by: K. Gross and T. Scharf, and subsequently by
V. Kreuschitz, K. Gross and T. Scharf, acting as Agents)

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

Re:

Re:

for

annulment

Application
Commission Decision
2006/262/EC of 21 September 2005 on State aid No C 5/2004
(ex N 609/2003) which Germany is planning to implement for
Kronoply (OJ 2006 L 94, p. 50).

of

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 26 October 2006 (Case R 308/2005-4)
concerning an application for registration of the word mark
GIROPAY as a Community trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action.

The Court:

1. Dismisses the action;

2. Orders Kronoply GmbH & Co. KG to pay the costs.

2. Orders giropay GmbH to pay the costs.

(1) OJ C 212, 2.9.2006.

(1) OJ C 42, 24.2.2007.
Amendment to the Rules of Procedure of the Court of First Instance
Date: 2009-01-14
Institutions: Court of First Instance
Subjects: General Court (EU), judicial proceedings, legal aid, operation of the Institutions

28.1.2009

EN

Official Journal of the European Union

L 24/9

COURT OF FIRST INSTANCE

AMENDMENT TO THE RULES OF PROCEDURE OF THE COURT OF FIRST INSTANCE

THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the fifth paragraph of
Article 224 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fifth
paragraph of Article 140 thereof,

Having regard to Article 63 of the Protocol on the Statute of the Court of Justice,

Having regard to the agreement of the Court of Justice,

Having regard to the approval of the Council given on 27 November 2008,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:

Article 1

The Rules of Procedure of the Court of First Instance of the European Communities of 2 May 1991
(OJ L 136 of 30 May 1991, p. 1, with corrigendum OJ L 317 of 19 November 1991, p. 34), amended
on 15 September 1994 (OJ L 249 of 24 September 1994, p. 17), 17 February 1995 (OJ L 44 of 28
February 1995, p. 64), 6 July 1995 (OJ L 172 of 22 July 1995, p. 3), 12 March 1997 (OJ L 103 of 19 April
1997, p. 6, with corrigendum OJ L 351 of 23 December 1997, p. 72), 17 May 1999 (OJ L 135 of 29 May
1999, p. 92), 6 December 2000 (OJ L 322 of 19 December 2000, p. 4), 21 May 2003 (OJ L 147 of 14
June 2003, p. 22), 19 April 2004 (OJ L 132 of 29 April 2004, p. 3), 21 April 2004 (OJ L 127 of 29 April
2004, p. 108), 12 October 2005 (OJ L 298 of 15 November 2005, p. 1), 18 December 2006 (OJ L 386 of
29 December 2006, p. 45) and 12 June 2008 (OJ L 179 of 8 July 2008, p. 12) are hereby amended as
follows:

Article 7(3) shall be replaced by the following:

‘The elections provided for in this Article shall be by secret ballot. The Judge obtaining the votes of
more than half the Judges composing the Court shall be elected. If no Judge obtains that majority,
further ballots shall be held until that majority is attained.’

This amendment to the Rules of Procedure, which is authentic in the languages referred to in Article 35(1)
of these Rules, shall be published in the Official Journal of the European Union and shall enter into force on
the first day of the second month following its publication.

Article 2

Done at Luxembourg, 14 January 2009.

E. COULON

Registrar

M. JAEGER

President
Opinion of the European Economic and Social Committee on the Proposal for a directive of the European Parliament and of the Council amending Directive 98/8/EC concerning the placing of biocidal products on the market as regards the extension of certain time periods
Date: 2009-01-14
Institutions: European Economic and Social Committee
Subjects: ESC opinion, animal health, chemical product, environmental protection, labelling, marketing, public health








C_2009182EN.01007501.xml










4.8.2009   


EN


Official Journal of the European Union


C 182/75





Opinion of the European Economic and Social Committee on the ‘Proposal for a directive of the European Parliament and of the Council amending Directive 98/8/EC concerning the placing of biocidal products on the market as regards the extension of certain time periods’
COM(2008) 618 final — 2008/0188 (COD)
(2009/C 182/16)
On 5 December 2008, the Council of the European Union decided to consult the European Economic and Social Committee, under Article 95 of the Treaty establishing the European Community, on the

Proposal for a directive of the European Parliament and of the Council amending Directive 98/8/EC concerning the placing of biocidal products on the market as regards the extension of certain time periods

COM(2008) 618 final — 2008/0188 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 450th plenary session of 14 and 15 January 2009 (meeting of 14 January), by 192 votes with six abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 January 2009.


The President of the European Economic and Social Committee

Mario SEPI
Authorisation to ratify the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) * European Parliament legislative resolution of 14 January 2009 on the proposal for a Council decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) (COM(2008)0320 – C6-0218/2008 – 2008/0107(CNS))
Date: 2009-01-14
Institutions: Committee on Employment and Social Affairs, Committee on Fisheries, European Parliament
Subjects: EU Member State, International Labour Organisation, consultation procedure, drafting of EU law, fishing industry, international convention, labour law, ratification of an agreement, resolution of parliament, working conditions








CE2010046EN.01013001.xml










24.2.2010   


EN


Official Journal of the European Union


CE 46/130





Authorisation to ratify the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) *

P6_TA(2009)0018

European Parliament legislative resolution of 14 January 2009 on the proposal for a Council decision authorising Member States to ratify, in the interests of the European Community, the Work in Fishing Convention, 2007, of the International Labour Organisation (Convention 188) (COM(2008)0320 – C6-0218/2008 – 2008/0107(CNS))
(2010/C 46 E/31)

(Consultation procedure)


The European Parliament,






—


having regard to the proposal for a Council decision (COM(2008)0320),










—


having regard to Convention No 188 of the International Labour Organisation on work in the fishing sector, adopted on 14 June 2007,










—


having regard to Article 42 and to Article 300(2), first subparagraph, of the EC Treaty,










—


having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0218/2008),










—


having regard to Rules 51 and 83(7) of its Rules of Procedure,










—


having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Fisheries (A6-0423/2008),










1.


Approves the proposal for a Council decision;










2.


Urges all Member States to proceed rapidly to ratification of the Convention and put its content into effect in advance of completion of the ratification process;










3.


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