do-me/EUR-LEX huggingface dataset:
Case T-50/09: Action brought on 3 February 2009 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)
Date: 2009-02-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), toy industry, trade-mark law








C_2009090EN.01002902.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/29





Action brought on 3 February 2009 — Ifemy’s v OHIM — Dada & Co Kids (Dada & Co. kids)
(Case T-50/09)
2009/C 90/46
Language in which the application was lodged: English

Parties


Applicant: Ifemy’s Holding GmbH (Munich, Germany) (represented by: H.G. Augustinowski, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Dada & Co Kids Srl (Prato, Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 November 2008 in case R 911/2008-4; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘Dada & Co. kids’, for goods in class 25

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration No 30 114 449 of the word mark “DADA” for goods in class 25

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of the principles of equal treatment, faithful competition and rule of law as enshrined in Article 2 and 3 EC, as well as Articles 43 and 80(1) of Council Regulation 40/04 and Rules 50(2) and 80(2) of Commission Regulation No 2868/95 (1), as the Board of Appeal failed to annul the decision of the Opposition Division which named the wrong applicant and, furthermore, as the Board of Appeal wrongly found that before the Opposition Division the applicant was given every opportunity to submit the relevant evidence.


(1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1).
Non-opposition to a notified concentration (Case COMP/M.5401 — REWE/Coop Switzerland/transGourmet Holding SE) Text with EEA relevance
Date: 2009-02-03
Institutions: European Commission
Subjects: consumer goods, economic concentration, exchange of information, merger control, self-service store, wholesale trade

C 26/8

EN

Official Journal of the European Union

3.2.2009

Non-opposition to a notified concentration

(Case COMP/M.5293 — Santander/Alliance & Leicester)

(Text with EEA relevance)

(2009/C 26/03)

On 15 September 2008, 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 32008M5293. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.5401 — REWE/Coop Switzerland/transGourmet Holding SE)

(Text with EEA relevance)

(2009/C 26/04)

On 19 December 2008, 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 German 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 32008M5401. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Request for waiver of the immunity of Miloslav Ransdorf European Parliament decision of 3 February 2009 on the request for waiver of the immunity of Miloslav Ransdorf (2008/2176(IMM))
Date: 2009-02-03
Institutions: Committee on Legal Affairs, European Parliament
Subjects: Czechia, Member of the European Parliament, parliamentary immunity








CE2010067EN.01014801.xml










18.3.2010   


EN


Official Journal of the European Union


CE 67/148





Request for waiver of the immunity of Miloslav Ransdorf

P6_TA(2009)0035

European Parliament decision of 3 February 2009 on the request for waiver of the immunity of Miloslav Ransdorf (2008/2176(IMM))
(2010/C 67 E/20)

The European Parliament,






—


having regard to the request for waiver of the immunity of Miloslav Ransdorf, forwarded by the competent authority of the Czech Republic on 16 June 2008, and announced in plenary sitting on 9 July 2008,










—


having heard Miloslav Ransdorf in accordance with Rule 7(3) of its Rules of Procedure,










—


having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,










—


having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the European Communities,










—


having regard to Article 27(4) of the Czech Constitution,










—


having regard to Rules 6(2) and 7 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A6-0008/2009),










A.


whereas Miloslav Ransdorf is a Member of the European Parliament who was elected in the sixth direct elections of 10 to 13 June 2004 and whereas his credentials were verified by Parliament on 14 December 2004 (2),










B.


whereas, according to Article 10 of the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965, during the sessions of the European Parliament its Members enjoy in the territory of their own State the immunities accorded to members of their parliament; whereas immunity cannot be claimed when a Member is caught in the act of committing an offence; and whereas this does not prevent the European Parliament from exercising its right to waive the immunity of one of its Members,










C.


whereas, according to Article 27(4) of the Czech Constitution, no Member of Parliament or Senator may be criminally prosecuted without the consent of the chamber of which he or she is member and, if the respective chamber denies its consent, criminal prosecution shall be excluded forever,










1.


Decides to waive the immunity of Miloslav Ransdorf;










2.


Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Czech Republic.






(1)  Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195 and Case 149/85 Wybot v Faure and others [1986] ECR 2391.

(2)  OJ C 226 E, 15.9.2005, p. 51.
Prior notification of a concentration (Case COMP/M.5406 — IPIC/MAN Ferrostaal AG) Text with EEA relevance
Date: 2009-02-03
Institutions: European Commission
Subjects: economic concentration, energy industry, exchange of information, industrial investment, long-term financing, merger control, oil refining, project management, provision of services

C 26/18

EN

Official Journal of the European Union

3.2.2009

Prior notification of a concentration

(Case COMP/M.5406 — IPIC/MAN Ferrostaal AG)

(Text with EEA relevance)

(2009/C 26/11)

1.
On 23 January 2009, 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 International Petroleum
Investment Company (‘IPIC’, United Arab Emirates) acquires within the meaning of Article 3(1)(b) of the
the undertaking MAN Ferrostaal AG (‘MAN Ferrostaal’,
Council Regulation control of
Germany) by way of purchase of shares.

the whole of

2.

The business activities of the undertakings concerned are:

— for undertaking IPIC: is investing on a long-term basis in energy and energy-related companies concen-
trating on petroleum refining and related upstream and downstream distribution and service networks,

— for undertaking MAN Ferrostaal: builds as a general contractor turnkey industrial plants and offers

related services, such as project development, project financing and project management.

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.5406 — IPIC/MAN Ferrostaal AG, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Case F-10/09: Action brought on 3 February 2009 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions
Date: 2009-02-03
Institutions: Civil Service Tribunal
Subjects: Eurofound, action for annulment (EU), damages, psychological harassment, sexual discrimination, sexual harassment

4.4.2009

EN

Official Journal of the European Union

C 82/37

Action brought on 6 February 2009 — Vicente Carbajosa
and Others v Commission

(Case F-9/09)

(2009/C 82/65)

Language of the case: French

Parties

Applicant:
sented by: S. Orlandi, A. Coolen,
lawyers)

Isabel Vicente Carbajosa (Brussels, Belgium)

(repre-
J.-N. Louis, E. Marchal,

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

the decision adopting and
Application for annulment of
publishing the
competition notices EPSO/AD/116/08 and
EPSO/AD/117/08 and the decisions relating to the correction of
the pre-selection tests and the written tests and the awarding of
marks for the oral tests.

Form of order sought

Action brought on 3 February 2009 — Moschonaki v
European Foundation for the Improvement of Living and
Working Conditions

(Case F-10/09)

(2009/C 82/66)

Language of the case: French

Parties

Applicant: Chrysanthe Moschonaki
sented by: N. Lhoëst, lawyer)

(Brussels, Belgium)

(repre-

Defendant: European Foundation for the Improvement of Living
and Working Conditions (Eurofound)

Subject-matter and description of the proceedings

First, application for annulment of the decision rejecting the
applicant's complaint of psychological harassment against the
head of Human Resources and, secondly, application for an
order that the defendant must pay the applicant compensation
for the harm suffered.

The applicant claims that the Tribunal should:

Form of order sought

— Annul the Commission's decisions publishing and fixing the
conditions for admission to and the conduct of the tests in
competitions EPSO/AD/116/08 and EPSO/AD/117/08;

— Annul the decisions of the selection boards for competitions
EPSO/AD/116/08 and EPSO/AD/117/08 relating to the
correction of the pre-selection tests and the written tests and
the awarding of marks for the oral tests;

— Order the Commission of the European Communities to

pay the costs.

The applicant claims that the Tribunal should:

— Annul the decision of the Director of the Foundation of
29 February 2008 rejecting the applicant's complaint of
harassment against the head of Human Resources;

— So far as necessary, annul the express decision of the Foun-
dation of 24 October 2008 rejecting the complaint brought
by the applicant under Article 90(2) on 27 June 2008;

— order the Foundation to pay the applicant compensation

assessed provisionally at EUR 100 000;

— order the defendant to pay the costs.
Renewal of the Agreement between the EC and Russia on cooperation in science and technology * European Parliament legislative resolution of 3 February 2009 on the proposal for a Council decision concerning the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (COM(2008)0728 – C6-0456/2008 – 2008/0209(CNS))
Date: 2009-02-03
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: Russia, consultation procedure, cooperation agreement (EU), drafting of EU law, renewal of an agreement, resolution of parliament, scientific cooperation, technology








CE2010067EN.01015001.xml










18.3.2010   


EN


Official Journal of the European Union


CE 67/150





Renewal of the Agreement between the EC and Russia on cooperation in science and technology *

P6_TA(2009)0033

European Parliament legislative resolution of 3 February 2009 on the proposal for a Council decision concerning the conclusion of an Agreement aimed at renewing the Agreement on cooperation in science and technology between the European Community and the Government of the Russian Federation (COM(2008)0728 – C6-0456/2008 – 2008/0209(CNS))
(2010/C 67 E/22)

(Consultation procedure)


The European Parliament,






—


having regard to the proposal for a Council decision (COM(2008)0728),










—


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 of the EC Treaty,










—


having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0456/2008),










—


having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,










—


having regard to the report of the Committee on Industry, Research and Energy (A6-0005/2009),










1.


Approves conclusion of the agreement;










2.


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






(1)  OJ L 412, 30.12.2006, p. 1.
Prior notification of a concentration (Case COMP/M.5386 — Penta/Okna Rąbień) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-03
Institutions: European Commission
Subjects: building industry, economic concentration, exchange of information, glass, investment transaction, merger control, private investment

3.2.2009

EN

Official Journal of the European Union

C 26/19

Prior notification of a concentration

(Case COMP/M.5386 — Penta/Okna Rąbień)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 26/12)

1.
On 27 January 2009, the Commission received a notification of a proposed concentration pursuant to
Article 4 (and following a referral pursuant to Article 4(5)) of Council Regulation (EC) No 139/2004 (1) by
which the undertaking Penta Holding Limited (‘Penta’, Czech Republic) acquires within the meaning of
Article 3(1)(b) of the Council Regulation control of the whole of the undertaking OKNA Rąbień Sp. zo.o.
(‘Okna’, Poland) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Penta: private equity,

— for Okna: assembling and distribution of windows and glass doors.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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.5386 — Penta/Okna Rąbień, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.
Euro exchange rates
Date: 2009-02-03
Institutions: European Commission
Subjects: euro, exchange rate

C 26/10

EN

Official Journal of the European Union

3.2.2009

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

2 February 2009

(2009/C 26/07)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

TRY

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

Turkish lira

1,276

AUD Australian dollar

114,04

7,4536

0,90335

10,6765

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

2,0318

1,585

9,8956

2,5535

1,9344

1,4872

KRW South Korean won

1 783,17

8,9415

1,9558

28,132

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

297,98

3,4528

0,6987

4,4421

4,311

2,1195

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

13,0662

8,7389

7,3842

15 009,59

4,6134

59,82

46,1685

44,619

3,005

18,4829

62,065

(1) Source: reference exchange rate published by the ECB.
Case C-231/08 P: Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities (Appeal — Community civil service — Right to a fair hearing — Infringement of Articles 4, 27 and 29 of the Staff Regulations — Principle of non-discrimination — Interest of the service and duty of care — Distortion of the evidence and rules on evidence — Appeal manifestly inadmissible in part and manifestly unfounded in part)
Date: 2009-02-03
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), appeal, competition (EU), equal treatment, servant (EU)








C_2009113EN.01001802.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/18





Order of the Court of 3 February 2009 — Massimo Giannini v Commission of the European Communities
(Case C-231/08 P) (1)

(Appeal - Community civil service - Right to a fair hearing - Infringement of Articles 4, 27 and 29 of the Staff Regulations - Principle of non-discrimination - Interest of the service and duty of care - Distortion of the evidence and rules on evidence - Appeal manifestly inadmissible in part and manifestly unfounded in part)
2009/C 113/36
Language of the case: French

Parties


Appellant: Massimo Giannini (represented by: L. Levi and C. Ronzi, avocats)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and L. Lozano Palacios, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) delivered on 12 March 2008 in Case T-100/04 Giannani v Commission in which the Court dismissed the appellant’s application for annulment of the decision of the selection board in Competition COM/A/9/01 with a view to constituting a reserve list for the recruitment of administrators in the fields of economics and statistics not to include his name on the competition reserve list and for damages to be awarded — Infringement of right to a fair hearing by reason of the excessive length of the procedure — Infringement of Articles 4, 27 and 29 of the Staff Regulations and the concepts of interest of the service and duty of care — Infringement of the principle of non-discrimination and the rules on evidence

Operative part of the order







1.


The appeal is dismissed.










2.


The appellant is ordered to pay the costs.






(1)  OJ C 223, 30.8.2008.
Prior notification of a concentration (Case COMP/M.5452 — Daimler/Evonik/Li-Tec) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-02-03
Institutions: European Commission
Subjects: chemical industry, economic concentration, electricity storage device, exchange of information, financial services, merger control, motor vehicle industry, property market

3.2.2009

EN

Official Journal of the European Union

C 26/17

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5452 — Daimler/Evonik/Li-Tec)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 26/10)

1.
On 22 January 2009, 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 Daimler AG (‘Daimler’,
Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the
undertaking Li-Tec Vermögensverwaltungs-GmbH (‘Li-Tec’, Germany) by way of purchase of shares which is
currently controlled by Evonik Industries AG (‘Evonik’, Germany).

2.

The business activities of the undertakings concerned are:

— for Daimler: development and manufacturing of automobiles and commercial vehicles and financial

services,

— for Evonik: chemical industry, energy and real-estate,

— for Li-Tec: research, development and production of Lithium-ion battery cells for automotive and

non-automotive applications and battery management systems.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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.5452 — Daimler/Evonik/Li-Tec), to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
(2) OJ C 56, 5.3.2005, p. 32.