do-me/EUR-LEX huggingface dataset:
Case T-106/09: Action brought on 13 March 2009 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury)
Date: 2009-03-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009113EN.01004001.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/40





Action brought on 13 March 2009 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury)
(Case T-106/09)
2009/C 113/80
Language in which the application was lodged: English

Parties


Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

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

Other party to the proceedings before the Board of Appeal: Archer Maclean (Banbury, United Kingdom)

Form of order sought







—


Declare non-conformity of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 January 2009 in case R 1266/2007-1 with Council Regulation 40/94;










—


Declare that Community trade mark application No 4 290 227 for classes 9 and 28 falls within the prohibition contained in Article 8(1)(b) of Council Regulation 40/94; and










—


Order OHIM and, as appropriate, the intervener in the proceedings 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 ‘Archer Maclean’s Mercury’, for goods in classes 9, 16 and 28 — application No 4 290 227

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

Mark or sign cited: German trade mark registration of the word mark ‘Merkur’ for goods and services in classes 6, 9, 28, 35, 37, 41 and 42

Decision of the Opposition Division: 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 were no visual, phonetic or conceptual identity similarities between the trade marks concerned, as well as that there was no identity of goods for classes 9 and 28, and therefore no likelihood of confusion between the trade marks concerned.
Appointment of the members of the European Cluster Policy Group
Date: 2009-03-13
Institutions: European Commission
Subjects: appointment of members, exchange of information, industrial policy, inter-company cooperation, research and development, technological change

13.3.2009

EN

Official Journal of the European Union

C 59/7

Appointment of the members of the European Cluster Policy Group

(2009/C 59/03)

In accordance with Article 3 of the Commission Decision 2008/824/EC of 22 October 2008 setting up a
European Cluster Policy Group and the call for applications published on the Internet site of DG Enterprise
and Industry and in the Official Journal of the European Union (1), the list of the members of the group of
experts appointed in a personal capacity for a 18 month mandate from 20 April 2009 is the following:

— Mr Norbert BUZÁS

— Mr Constantin CHRISTOFIDIS

— Mr Maciej DZIERZANOWSKI

— Mr Juan Manuel ESTEBAN

— Mr Libor FRIEDEL

— Mr Christian KETELS

— Mr Pierre LAFFITTE

— Mr Finn Carsten LAURITZEN

— Mr Bruno LINDORFER

— Mr Gerd MEIER ZU KÖCKER

— Ms Charlotta MELLANDER

— Mr Andrea MOLTRASIO

— Mr Howard NEWBY

— Ms Tea Terezija PETRIN

— Mr Neville REYNER

— Mr Antoni SUBIRA CLAUS

— Mr Jean-Marc THOMAS

— Mr Rene TÖNNISSON

— Mr Antti Taneli VALLE

— Mr Willem Jans ZWALVE

(1) OJ C 275, 30.10.2008, p. 17.
Case T-273/07: Order of the Court of First Instance of 13 March 2009 — Torres v OHIM — Vinícola de Tomelloso (TORREGAZATE)
Date: 2009-03-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), Spain, trade-mark law








C_2009113EN.01004401.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/44





Order of the Court of First Instance of 13 March 2009 — Torres v OHIM — Vinícola de Tomelloso (TORREGAZATE)
(Case T-273/07) (1)

2009/C 113/88

Language of the case: Spanish

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


(1)  OJ C 235, 6.10.2007.
Commission Regulation (EC) No 196/2009 of 13 March 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-03-13
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit

14.3.2009

EN

Official Journal of the European Union

L 70/1

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 196/2009

of 13 March 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 14 March 2009.

Article 2

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

Done at Brussels, 13 March 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 70/2

EN

Official Journal of the European Union

14.3.2009

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 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

IL
JO
MA
TN
TR
ZZ

EG
JO
MA
MK
TR
ZZ

JO
MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

EG
MA
TR
ZZ

AR
BR
CA
CL
CN
MK
US
UY
ZZ

AR
CL
CN
US
ZA
ZZ

148,7
78,3
49,2
134,4
98,6
101,8

139,2
158,4
74,1
139,3
147,4
131,7

249,0
57,3
93,1
133,1

88,5
88,5

41,8
56,0
49,9
51,3
66,0
53,0

51,3
61,0
50,0
54,1

101,3
83,0
95,8
87,9
84,7
22,7
113,5
68,9
82,2

78,2
109,6
45,2
104,6
91,8
85,9

(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-102/09: Reference for a preliminary ruling from the Tribunale di Firenze, lodged on 13 March 2009 — Camar Srl v Presidente del Consiglio dei Ministri
Date: 2009-03-13
Institutions: Court of Justice
Subjects: Council of Ministers, EU Member State, Italy, consumer protection, interpretation of the law, tax system, tropical fruit








C_2009129EN.01000702.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/7





Reference for a preliminary ruling from the Tribunale di Firenze, lodged on 13 March 2009 — Camar Srl v Presidente del Consiglio dei Ministri
(Case C-102/09)
2009/C 129/12
Language of the case: Italian

Referring court

Tribunale di Firenze

Parties to the main proceedings


Claimant: Camar Srl

Defendant: Presidente del Consiglio dei Ministri

Questions referred







1.


Did Article 14 of the First Yaoundé Convention preclude the introduction by a Member State of an internal tax on bananas originating in Somalia, which was not in practice applied to domestically produced bananas (the production of which was totally non-existent or insignificant) and was not applicable to any other type of domestically produced fruit?
In the event of an affirmative answer to the foregoing question:










2.


Did the Protocol on Bananas annexed to the Lomé Convention then in force preclude collection of a tax that was incompatible with Article 14 of the First Yaoundé Convention in respect of imports into Italy of Somali bananas effected in 1990, having regard to the combined provisions of that protocol and of the like protocols annexed to the earlier Lomé Conventions, and also Article 5 of the Second Yaoundé Convention?
In the event of a negative answer:










3.


Must it be concluded that the Protocols on Bananas annexed to the Lomé Conventions precluded increases of a tax such as the Italian consumption tax on bananas originating in Somalia after 1 April 1976 regardless of the specific effect of such increases on the export of such bananas?
Case F-23/09: Action brought on 13 March 2009 — Cerafogli v ECB
Date: 2009-03-13
Institutions: Civil Service Tribunal
Subjects: action for annulment (EU), appointment of staff, civil law, competition (EU), damage








C_2009129EN.01002101.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/21





Action brought on 13 March 2009 — Cerafogli v ECB
(Case F-23/09)
2009/C 129/35
Language of the case: French

Parties


Applicant: Maria Concetta Cerafogli (Fankfurt, Germany) (represented by: L. Lévi, M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

Application for annulment of the decision of the Board of Directors of the Bank appointing, on a temporary basis, an adviser to the Oversight Division and of vacancy notice ECB/074/08, as well as all decisions adopted on the basis of that vacancy notice. In addition, an application to order the defendant to pay compensation for the material and non-material damage suffered by the applicant.

Form of order sought







—


annul the decision of Board of Directors of 17 July 2008 appointing Mr L. on a temporary basis to the position of adviser in the Oversight Division;










—


annul vacancy notice ECB/074/08;










—


consequently, (i) annul all decisions taken on the basis of the vacancy notice, including the decision to appoint Mr L to the position of adviser in the Oversight Division taken following the recruitment procedure, and (ii) order the defendant to pay the sum of EUR 10 000, fixed ex aequo et bono, as compensation for the non-material damage suffered by the applicant as well as EUR 2 500 to compensate for the material damage connected to the intervention of the applicant’s advisers at the pre-litigation stage;










—


on the assumption that giving effect to a judgment annulling the decision or decisions would be very difficult, order the defendant to pay the sum of EUR 45 600;










—


order the European Central Bank to pay the costs.
Corrigendum to Commission Regulation (EC) No 53/2009 of 21 January 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Accounting Standard (IAS) 32 and IAS 1 ( OJ L 17, 22.1.2009 )
Date: 2009-03-13
Institutions: European Commission
Subjects: accounting, capital market, international standard

13.3.2009

EN

Official Journal of the European Union

L 68/33

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 53/2009 of 21 January 2009 amending Regulation (EC) No
1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No
1606/2002 of the European Parliament and of the Council as regards International Accounting Standard (IAS)
32 and IAS 1

(Official Journal of the European Union L 17 of 22 January 2009)

On page 36,
follows:

‘Examples of application of the consensus’,

‘Example 4’,

‘Classification’, paragraph A12 should read as

‘A12

In this case, CU750,000 would be classified as equity and CU150,000 would be classified as financial liabilities.
In addition to the paragraphs already cited, paragraph 18(b) of IAS 32 states in part:

… a financial instrument that gives the holder the right to put it back to the issuer for cash or another financial
asset (a ‘puttable instrument’) is a financial liability, except for those instruments classified as equity instruments
in accordance with paragraphs 16A and 16B or paragraphs 16C and 16D. The financial
instrument is a
financial liability even when the amount of cash or other financial assets is determined on the basis of an
index or other item that has the potential to increase or decrease. The existence of an option for the holder to
put the instrument back to the issuer for cash or another financial asset means that the puttable instrument
meets the definition of a financial
liability, except for those instruments classified as equity instruments in
accordance with paragraphs 16A and 16B or paragraphs 16C and 16D.’
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-03-13
Institutions: European Commission
Subjects: Italy, air transport, airline, disclosure of information, regulation

C 59/10

EN

Official Journal of the European Union

13.3.2009

Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the
European Parliament and of the Council on common rules for the operation of air services in the
Community

Public service obligations in respect of scheduled air services

Member State

Concerned route

Date of repeal of the PSO on these
routes

Address where the text and any rele-
vant information and/or documenta-
tion related to the public service obli-
gation can be obtained

(Text with EEA relevance)

(2009/C 59/05)

Italy

Trapani-Roma Fiumicino

Trapani-Bari

Trapani-Milano Linate

From 28 January 2009

Ente nazionale per l'aviazione civile (ENAC)
Direzione centrale regolazione economica
Direzione trasporto aereo
Viale del Castro Pretorio, n. 118
I-00185 Roma
www.enac-italia.it
E-mail: trasporto.aereo@enac.rupa.it
Euro exchange rates
Date: 2009-03-13
Institutions: European Commission
Subjects: euro, exchange rate

C 59/6

EN

Official Journal of the European Union

13.3.2009

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

12 March 2009

(2009/C 59/02)

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

1,2782

AUD Australian dollar

124,30

7,4526

0,93080

11,2122

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,9785

1,6460

9,9120

2,4984

1,9553

1,5225

KRW South Korean won

1 916,30

8,8920

1,9558

27,015

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

15,6466

MYR Malaysian ringgit

302,25

3,4528

0,7070

4,6040

4,2853

2,2284

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

MXN Mexican peso

INR

Indian rupee

12,9469

8,7414

7,4404

15 427,87

4,7198

62,060

44,9973

45,980

2,9724

19,2753

66,3260

(1) Source: reference exchange rate published by the ECB.