do-me/EUR-LEX huggingface dataset:
Case T-109/09: Action brought on 17 March 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIVITAL)
Date: 2009-03-17
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), foodstuff, pasta, trade-mark law








C_2009113EN.01004101.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/41





Action brought on 17 March 2009 — Rintisch v OHIM — Valfeuri Pates Alimentaires (PROTIVITAL)
(Case T-109/09)
2009/C 113/82
Language in which the application was lodged: English

Parties


Applicants: Bernhard Rintisch (Bottrop, Germany) (represented by: A. Dreyer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Valfeuri Pates Alimentaires SA (Wittenheim, France)

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 21 January 2009 in case R 1660/2007-4; 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 word mark ‘PROTIVITAL’, for goods in classes 5, 29 and 30 — application No 4 843 331

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 ‘PROTI’ for goods in classes 29 and 32; German trade mark registration of the figurative mark ‘PROTIPOWER’ for goods in classes 5, 29 and 32; German trade mark registration of the word mark ‘PROTIPLUS’ for goods in classes 5, 29 and 32; German trade mark registration of the trade word ‘PROTITOP’ for goods in classes 5, 29, 30 and 32; Community trade mark registration of the word mark ‘PROTI’ for goods in classes 5 and 29

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 failed to assess the opposition on its merits; Infringement of Article 74(2) of Council Regulation 40/94 as the Board of Appeal failed to exercise discretion or at least failed to state reasons how it exercised discretion; Misuse of power as the Board of Appeal erred by not taking into account documents and evidence submitted by the applicant.
Decision of the EEA Joint Committee No 28/2009 of 17 March 2009 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, agreement (EU), chemical product, dangerous substance, health risk, technical regulations




L_2009130EN.01002101.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/21








            DECISION OF THE EEA JOINT COMMITTEE
         
No 28/2009
of 17 March 2009
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 100/2008 of 26 September 2008 (1).












(2)


Commission Directive 2008/15/EC of 15 February 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include clothianidin as an active substance in Annex I thereto (2) is to be incorporated into the Agreement.












(3)


Commission Directive 2008/16/EC of 15 February 2008 amending Directive 98/8/EC of the European Parliament and of the Council to include etofenprox as an active substance in Annex I thereto (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indents shall be added in point 12n (Directive 98/8/EC of the European Parliament and of the Council) of Chapter XV of Annex II to the Agreement:






‘—



32008 L 0015: Commission Directive 2008/15/EC of 15 February 2008 (OJ L 42, 16.2.2008, p. 45),










—



32008 L 0016: Commission Directive 2008/16/EC of 15 February 2008 (OJ L 42, 16.2.2008, p. 48).’






Article 2
The texts of Directives 2008/15/EC and 2008/16/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 309, 20.11.2008, p. 22.

(2)  
            OJ L 42, 16.2.2008, p. 45.

(3)  
            OJ L 42, 16.2.2008, p. 48.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 39/2009 of 17 March 2009 amending Annex XXII (Company law) to the EEA Agreement
Date: 2009-03-17
Institutions: EEA Joint Committee
Subjects: European Economic Area, Iceland, Norway, agreement (EU), audit, auditing, civil liability




L_2009130EN.01003401.xml










28.5.2009   


EN


Official Journal of the European Union


L 130/34








            DECISION OF THE EEA JOINT COMMITTEE
         
No 39/2009
of 17 March 2009
         
amending Annex XXII (Company law) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXII to the Agreement was amended by Decision of the EEA Joint Committee No 20/2009 of 5 February 2009 (1).












(2)


Commission Recommendation 2008/473/EC of 5 June 2008 concerning the limitation of the civil liability of statutory auditors and audit firms (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 15 (Commission Recommendation 2005/162/EC) of Annex XXII to the Agreement:






‘16.



32008 H 0473: Commission Recommendation 2008/473/EC of 5 June 2008 concerning the limitation of the civil liability of statutory auditors and audit firms (OJ L 162, 21.6.2008, p. 39).’.






Article 2
The text of Recommendation 2008/473/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 18 March 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 17 March 2009.


For the EEA Joint Committee


The President

Alan SEATTER
            





(1)  
            OJ L 73, 19.3.2009, p. 59.

(2)  
            OJ L 162, 21.6.2008, p. 39.

(*1)  No constitutional requirements indicated.





Joint Declaration by the Contracting Parties to Decision No 39/2009 incorporating Recommendation 2008/473/EC into the Agreement



            ‘Commission Recommendation 2008/473/EC of 5 June 2008 concerning the limitation of the civil liability of statutory auditors and audit firms deals with the civil liability of auditors and audit firms. The incorporation of this Recommendation is without prejudice to the scope of the EEA Agreement.’