do-me/EUR-LEX huggingface dataset:
Recommendation of the European Central Bank of 16 February 2009 to the Council of the European Union on the external auditors of the Deutsche Bundesbank (ECB/2009/3)
Date: 2009-02-16
Institutions: European Central Bank
Subjects: Germany, accountant, central bank, self-employed person

21.2.2009

EN

Official Journal of the European Union

C 43/1

I

(Resolutions, recommendations and opinions)

RECOMMENDATIONS

EUROPEAN CENTRAL BANK

RECOMMENDATION OF THE EUROPEAN CENTRAL BANK

of 16 February 2009

to the Council of the European Union on the external auditors of the Deutsche Bundesbank

(ECB/2009/3)

(2009/C 43/01)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank, and in particular
Article 27.1 thereof,

Whereas:

(1)

(2)

(3)

The accounts of the European Central Bank (ECB) and
central banks are audited by independent
national
external auditors recommended by the ECB's Governing
Council and approved by the Council of the European
Union.

the Deutsche Bundesbank's current
The mandate of
external auditors will end after the audit for the financial
year 2008. It is therefore necessary to appoint external
auditors from the financial year 2009.

The Deutsche Bundesbank has selected Ernst & Young
Steuerberatungs-
AG Wirtschaftsprüfungsgesellschaft

gesellschaft as its external auditors for the financial years
2009 to 2014,

HAS ADOPTED THIS RECOMMENDATION:

It is recommended that Ernst & Young AG Wirtschaftsprüfungs-
gesellschaft Steuerberatungsgesellschaft should be appointed as
the external auditor of the Deutsche Bundesbank for the finan-
cial years 2009 to 2014.

Done at Frankfurt am Main, 16 February 2009.

The President of the ECB

Jean-Claude TRICHET
Case T-61/09: Action brought on 16 February 2009 — Meica v OHIM — Bösinger Fleischwaren (Schinken King)
Date: 2009-02-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), trade-mark law








C_2009102EN.01002101.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/21





Action brought on 16 February 2009 — Meica v OHIM — Bösinger Fleischwaren (Schinken King)
(Case T-61/09)
2009/C 102/33
Language in which the application was lodged: German

Parties


Applicant: Meica Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co KG (Edewecht, Germany) (represented by: S. Russlies, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bösinger Fleischwaren GmbH (Bösingen, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 December 2008 (Case R 1049/2007-1);










—


Order OHIM to pay the applicant’s costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bösinger Fleischwaren GmbH

Community trade mark concerned: the word mark ‘Schinken King’ for goods in Classes 29 and 30 (Application No. 3 720 968)

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

Mark or sign cited in opposition: the Community word mark ‘Curry King’ (Community trade mark No 2 885 077) for goods in Class 30 and the German word marks ‘Curry King’ (No 399 02 969,9) and ‘King’ (No 304 04 434,2) for goods in Classes 29 and 30

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, (1) because there is a likelihood or confusion or at least a likelihood of association between the marks at issue and of Article 74(1) on the ground of inadequate reasoning of the decision.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Case T-64/09: Action brought on 16 February 2009 — Micro Shaping Ltd v OHIM (>packaging)
Date: 2009-02-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), infringement of EU law, trade-mark law








C_2009102EN.01002301.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/23





Action brought on 16 February 2009 — Micro Shaping Ltd v OHIM (>packaging)
(Case T-64/09)
2009/C 102/36
Language in which the application was lodged: German

Parties


Applicant: Micro Shaping Ltd (Worthing, United Kingdom) (represented by: A. Franke, lawyer)

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

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 December 2008 — Appeal R 1063/2008-1 — in relation to Community trade mark application No 006354311 ‘>packaging’;










—


Order the applicant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark ‘>packaging’ for goods and services in Classes 16, 17 and 42 (Application No 6 354 311)

Decision of the Examiner: rejection of the application in part

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, (1) because the mark applied for has the necessary distinctive character and there is no need to retain availability, and of the right to be heard under Article 73 of Regulation No 40/94.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Case C-66/09: Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Republic of Lithuania) lodged on 16 February 2009 — Kirin Amgen, Inc. v Lietuvos Respublikos valstybinis patentų biuras
Date: 2009-02-16
Institutions: Court of Justice
Subjects: Lithuania, accession to the European Union, interpretation of the law, limitation of legal proceedings, marketing








C_2009090EN.01001702.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/17





Reference for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Republic of Lithuania) lodged on 16 February 2009 — Kirin Amgen, Inc. v Lietuvos Respublikos valstybinis patentų biuras
(Case C-66/09)
2009/C 90/27
Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings


Claimant: Kirin Amgen, Inc.

Defendant: Lietuvos Respublikos valstybinis patentų biuras

Questions referred







1.


Is the date, referred to in Article 19(2) of Regulation No 1768/92, (1) upon which that regulation enters into force to be understood for Lithuania as the date of its accession to the European Union?










2.


Should the answer to the first question be in the affirmative, what is the relationship between Article 19 and Article 7 of Regulation No 1768/92 when calculating the six-month period and which of those articles is it necessary to apply in a case?










3.


Did an authorisation to place a product on the market in the European Community enter into force unconditionally in the Republic of Lithuania from the date of its accession to the European Union?










4.


Should the answer to the third question be in the affirmative, can the entry into force of the authorisation to place the product on the market be equated to its grant for the purposes of Article 3(b) of Regulation No 1768/92?






(1)  Council Regulation (EEC) No 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products (OJ 1992 L 182, p. 1).
2009/246/EC: Council Decision of 16 February 2009 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
Date: 2009-02-16
Institutions: Council of the European Union
Subjects: Bulgaria, European Community, Morocco, Romania, accession to the European Union, agreement (EU), carriage of goods, protocol to an agreement

19.3.2009

EN

Official Journal of the European Union

L 73/19

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

COUNCIL DECISION

of 16 February 2009

on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association
between the European Communities and their Member States, of the one part, and the Kingdom of
Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and
Romania to the European Union

(2009/246/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty
establishing the European
Community, and in particular Article 310 in conjunction with
the second sentence of the first subparagraph of Article 300(2)
and the second subparagraph of Article 300(3) thereof,

Having regard to the 2005 Act of Accession,
Article 6(2) thereof,

in particular

Having regard to the proposal from the Commission,

Article 1

The Protocol to the Euro-Mediterranean Agreement establishing
an Association between the European Communities and their
Member States, of the one part, and the Kingdom of Morocco,
of
the
Republic of Bulgaria and Romania to the European Union is
hereby approved on behalf of the European Community and its
Member States.

to take account of

the accession of

the other part,

Having regard to the assent of the European Parliament (1),

The text of the Protocol is attached to this Decision (*).

Whereas:

(1)

to the Euro-Mediterranean Agreement
The Protocol
establishing
an Association between the European
Communities and their Member States, of the one part,
and the Kingdom of Morocco, of the other part, to take
account of the accession of the Republic of Bulgaria and
Romania
the
Protocol), was
the European
signed on behalf of
Community and its Member States at Luxembourg on
to its conclusion at a
13 October 2008,
subsequent date in accordance with Council Decision
2008/881/EC (2).

to the European Union (hereinafter

subject

(2)

The Protocol should be approved,

Article 2

The President of the Council shall, on behalf of the Community
and its Member States, deposit the acts provided for in Article 8
of the Protocol.

Done at Brussels, 16 February 2009.

For the Council
The President
O. LIŠKA

(1) Assent of 16 December 2008 (not yet published in the Official

Journal).

(2) OJ L 324, 3.12.2008, p. 1.

(*) See OJ L 324, 3.12.2008, p. 3.
Case T-60/09: Action brought on 16 February 2009 — Herhof v OHIM — Stabilator (stabilator)
Date: 2009-02-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), trade-mark law








C_2009102EN.01002001.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/20





Action brought on 16 February 2009 — Herhof v OHIM — Stabilator (stabilator)
(Case T-60/09)
2009/C 102/32
Language in which the application was lodged: German

Parties


Applicant: Herhof-Verwaltungsgesellschaft mbH (Solms, Germany) (represented by: A. Zinnecker and T. Bösling, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Stabilator sp. z o.o. (Gydnia, Poland)

Form of order sought







—


Anuul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2008 in Joined Cases R 483/2008-4 and R 705/2008-4;










—


Order the applicant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Stabilator sp. z o.o.

Community trade mark concerned: the figurative mark ‘stabilator’ for goods and services in Classes 19, 37 and 42, Application No 4 068 961

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

Mark or sign cited in opposition: the word mark ‘STABILAT’ for goods in Classes 1, 7, 11, 20, 37, 40 and 42

Decision of the Opposition Division: opposition allowed in part and application rejected in part

Decision of the Board of Appeal: annulment in part of the contested decision and rejection of the opposition

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, (1) because there is a likelihood of confusion between the marks at issue or at least a likelihood of association.


(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
Case T-76/09: Action brought on 16 February 2009 — Mundipharma v OHIM — Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI)
Date: 2009-02-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, pharmaceutical industry, trade-mark law








C_2009102EN.01002701.xml










1.5.2009   


EN


Official Journal of the European Union


C 102/27





Action brought on 16 February 2009 — Mundipharma v OHIM — Asociación Farmaceuticos Mundi (FARMA MUNDI FARMACEUTICOS MUNDI)
(Case T-76/09)
2009/C 102/41
Language in which the application was lodged: English

Parties


Applicant: Mundipharma GmbH (Limburg (Lahn), Germany) (represented by: F. Nielsen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Asociación Farmaceuticos Mundi (Alfafar (Valencia), Spain)

Form of order sought







—


Revoke the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 1 December 2008 in case R 852/2008-2; 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 “FARMA MUNDI FARMACEUTICOS MUNDI”, for goods and services in classes 5, 35 and 39 — application No 4 841 136

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

Mark or sign cited: Community trade mark registration No 4 304 622 of the trade mark “mundi pharma” for goods and services in classes 5 and 44

Decision of the Opposition Division: Partially rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that there was no similarity of the goods and/or services covered by the trade marks in question
Commission Regulation (EC) No 133/2009 of 16 February 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-02-16
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

17.2.2009

EN

Official Journal of the European Union

L 46/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 133/2009

of 16 February 2009

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 17 February 2009.

Article 2

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

Done at Brussels, 16 February 2009.

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 46/2

EN

Official Journal of the European Union

17.2.2009

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

0709 90 80

0805 10 20

0805 20 10

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

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

IL
JO
MA
TN
TR
ZZ

JO
MA
TR
ZZ

MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

IL
MA
ZZ

IL
JM
MA
PK
TR
ZZ

EG
MA
TR
ZZ

CN
MK
US
ZZ
AR
CL
CN
US
ZA
ZZ

129,4
68,6
43,2
134,4
87,8
92,7

170,1
134,2
164,1
156,1

85,2
128,4
106,8

164,4
164,4

49,2
51,8
64,3
46,4
71,0
56,5

144,4
91,8
118,1

88,6
85,4
150,0
47,6
65,9
87,5

44,9
55,8
52,5
51,1

71,6
32,6
105,7
70,0
113,7
79,6
84,1
107,3
115,2
100,0

(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’.
2009/435/EC: Decision No 2/2009 of the ACP-EC Committee of Ambassadors of 16 February 2009 on the appointment of the Director of the Centre for the Development of Enterprise (CDE)
Date: 2009-02-16
Institutions: ACP Committee of Ambassadors
Subjects: Centre for the Development of Enterprise, appointment of members








L_2009145EN.01004201.xml










10.6.2009   


EN


Official Journal of the European Union


L 145/42








            DECISION No 2/2009 OF THE ACP-EC COMMITTEE OF AMBASSADORS
         
of 16 February 2009
         
on the appointment of the Director of the Centre for the Development of Enterprise (CDE)
(2009/435/EC)


THE ACP-EC COMMITTEE OF AMBASSADORS,

Having regard to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000 (1), as revised by the Agreement amending the said Partnership Agreement, signed in Luxembourg on 25 June 2005 (2), and in particular Article 2(7) of Annex III thereto,

Whereas:







(1)


The previous Director of the CDE, who was appointed on 1 March 2005 for a term of office ending on 28 February 2010, tendered his resignation with effect from 23 August 2007.












(2)


At the end of its proceedings, a joint selection committee established by both sides proposed the appointment of Mr Mabousso THIAM (Senegal) as Director of the Centre for the Development of Enterprise for the remainder of the current term of office,





HAS DECIDED AS FOLLOWS:



Sole Article
Without prejudice to any subsequent decisions that the Committee might have to take, under its prerogatives, Mr Mabousso THIAM is hereby appointed Director of the Centre for the Development of Enterprise with effect from 1 March 2009, for a term of office ending on 28 February 2010.




Done at Brussels, 16 February 2009.


For the ACP-EC Committee of Ambassadors


The Chairman

M. VICENOVÁ
            





(1)  
            OJ L 317, 15.12.2000, p. 3.

(2)  
            OJ L 209, 11.8.2005, p. 27.
Case C-65/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 16 February 2009 — Gebr. Weber GmbH v Jürgen Wittmer
Date: 2009-02-16
Institutions: Court of Justice
Subjects: consumer goods, consumer protection, indemnification, interpretation of the law








C_2009090EN.01001701.xml










18.4.2009   


EN


Official Journal of the European Union


C 90/17





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 16 February 2009 — Gebr. Weber GmbH v Jürgen Wittmer
(Case C-65/09)
2009/C 90/26
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Gebr. Weber GmbH

Defendant: Jürgen Wittmer

Questions referred







1.


Are the provisions of the first and second subparagraphs of Article 3(3) of Directive 1999/44/EC (1) of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees to be interpreted as precluding a national statutory provision under which, in the event of a lack of conformity of the consumer goods delivered, the seller may refuse the form of remedy required by the consumer when the remedy would result in the seller incurring costs which, compared with the value the consumer goods would have if there were no lack of conformity, and with the significance of the lack of conformity, would be unreasonable (absolutely disproportionate)?










2.


If the answer to the first question is in the affirmative: are the provisions of Article 3(2) and the third subparagraph of Article 3(3) of that directive to be interpreted as meaning that, where the goods are brought into conformity by replacement, the seller must bear the costs of removing the non-conforming consumer goods from a thing into which, in a manner consistent with their nature and purpose, the consumer has incorporated them?






(1)  OJ 1999 L 171, p. 12.