do-me/EUR-LEX huggingface dataset:
Case T-103/09: Action brought on 11 March 2009 — von Oppeln-Bronikowski and von Oppeln-Bronikowski v OHIM — Pomodoro Clothing (promodoro)
Date: 2009-03-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, United Kingdom, action for annulment (EU), trade-mark law








C_2009113EN.01003902.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/39





Action brought on 11 March 2009 — von Oppeln-Bronikowski and von Oppeln-Bronikowski v OHIM — Pomodoro Clothing (promodoro)
(Case T-103/09)
2009/C 113/79
Language in which the application was lodged: English

Parties


Applicants: Anna Elisabeth Richarda von Oppeln-Bronikowski and Baron Zebulon Baptiste von Oppeln-Bronikowski (Düsseldorf, Germany) (represented by: V. Knies, lawyer)

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

Other party to the proceedings before the Board of Appeal: Pomodoro Clothing Company Ltd. (London, United Kingdom)

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 7 January 2009 in case R 325/2008-1





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘promodoro’, for goods and services in classes 25, 28 and 35 — application No 3 587 557

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: United Kingdom trade mark registration of the word mark ‘POMODORO’ for goods in class 25

Decision of the Opposition Division: Partially rejected the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Rule 22 of Commission Regulation No 2868/95 (1) as the Board of Appeal wrongly took into account proof of use submitted out of time by the other party to the proceedings before the Board of Appeal; Infringement of Article 43(2) of Council Regulation 40/94 as the Board of Appeal failed to conclude that the evidence submitted by the other party to the proceedings before the Board of Appeal within the required time limit did not constitute sufficient proof of use of the trade mark cited in the opposition proceedings; Infringement of Article 8(2) of Council Regulation 40/94 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks in question.


(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).
Prior notification of a concentration (Case COMP/M.5478 — IPC Fund/Oaktree Funds/Chesapeake) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-03-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, investment transaction, merger control

11.3.2009

EN

Official Journal of the European Union

C 57/29

Prior notification of a concentration

(Case COMP/M.5478 — IPC Fund/Oaktree Funds/Chesapeake)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 57/08)

1.
On 26 February 2009, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds of two private equity groups
(a) Irving Place Capital Partners III (Cayman), L.P. (‘IPC Fund’, Cayman Islands) and (b) OCM Principal
Opportunities Fund IV (USA), L.P. and OCM European Principal Opportunities Fund II (USA), L.P. (‘Oaktree
Funds’, USA) will acquire joint indirect control within the meaning of Article 3(1)(b) of the Council Regu-
lation substantially all the US operating assets of Chesapeake Corporation (USA) and its US subsidiaries and
Chesapeake's shares in Chesapeake Asia Pacific Limited and Chesapeake UK Holdings Limited (together
‘Chesapeake’) by way of purchase of shares in two newly created corporate vehicles constituting a joint
venture.

2.

The business activities of the undertakings concerned are:

— for IPC Fund: trusts, funds and similar financial entities,

— for Oaktree Funds: trusts, funds and similar financial entities.

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.5478 — IPC Fund/Oaktree Funds/Chesapeake, 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.
Common rules and standards for ship inspection and survey organisations ***III European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (recast) (PE-CONS 3720/2008 – C6-0043/2009 – 2005/0237B(COD))
Date: 2009-03-11
Institutions: European Parliament
Subjects: codecision procedure, international standard, maritime safety, pollution from ships, prevention of pollution, resolution of parliament, roadworthiness tests, technical regulations, transport safety, vessel








CE2010087EN.01033801.xml










1.4.2010   


EN


Official Journal of the European Union


CE 87/338





Wednesday 11 March 2009Common rules and standards for ship inspection and survey organisations (recast) ***III
P6_TA(2009)0106
European Parliament legislative resolution of 11 March 2009 on the joint text approved by the Conciliation Committee for a regulation of the European Parliament and of the Council on common rules and standards for ship inspection and survey organisations (recast) (PE-CONS 3720/2008 – C6-0043/2009 – 2005/0237B(COD))
2010/C 87 E/54
(Codecision procedure: third reading)

The European Parliament,

having regard to the joint text approved by the Conciliation Committee (PE-CONS 3720/2008 – C6-0043/2009),
having regard to its position at first reading (1) on the Commission proposal to Parliament and the Council (COM(2005)0587),
having regard to its position at second reading (2) on the Council common position (3),
having regard to the Commission's opinion on Parliament's amendments to the common position (COM(2008)0826),
having regard to Article 251(5) of the EC Treaty,
having regard to Rule 65 of its Rules of Procedure,
having regard to the report of its delegation to the Conciliation Committee (A6-0098/2009),






1.


Approves the joint text;










2.


Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;










3.


Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;










4.


Instructs its President to forward this legislative resolution to the Council and Commission.






(1)  OJ C 74 E, 20.3.2008, p. 632.

(2)  Texts adopted, 24.9.2008, P6_TA(2008)0448.

(3)  OJ C 190 E, 29.7.2008, p. 1.
Prior notification of a concentration (Case COMP/M.5485 — Altor Fund III/Carnegie/Max Matthiessen) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-03-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial services, heritage protection, investment transaction, merger control, pension scheme

C 57/26

EN

Official Journal of the European Union

11.3.2009

Prior notification of a concentration

(Case COMP/M.5485 — Altor Fund III/Carnegie/Max Matthiessen)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 57/06)

1.
On 3 March 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 Altor Fund III (‘Altor’,
Jersey) acquires, within the meaning of Article 3(1)(b) of the Council Regulation, control of the whole of the
undertakings Carnegie Investment Bank AB (‘Carnegie’, Sweden) and Max Matthiessen Holding AB (‘Max
Matthiessen’, Sweden), by way of a transfer of shares.

2.

The business activities of the undertakings concerned are:

— for Altor: private equity fund,

— for Carnegie: Securities Broking, Investment Banking, Asset Management and Private Banking,

— for Max Matthiessen: pension insurance and long-term savings advisor and administration of pension

funds.

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.5485 — Altor Fund III/Carnegie/Max Matthiessen, 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.