do-me/EUR-LEX huggingface dataset:
2009/298/EC: Commission Decision of 26 March 2009 prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters (notified under document number C(2009) 2078) (Text with EEA relevance)
Date: 2009-03-26
Institutions: European Commission
Subjects: European standard, approximation of laws, child, consumer protection, manufactured goods, marketing, non-durable goods, product safety

27.3.2009

EN

Official Journal of the European Union

L 81/23

COMMISSION DECISION

of 26 March 2009

prolonging the validity of Decision 2006/502/EC requiring Member States to take measures to
ensure that only lighters which are child-resistant are placed on the market and to prohibit the
placing on the market of novelty lighters

(notified under document number C(2009) 2078)

(Text with EEA relevance)

(2009/298/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab­
lished by Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1

Article 6(2) of Decision 2006/502/EC is replaced by:

‘2.

This Decision shall apply until 11 May 2010.’

Article 2

Member States shall take the necessary measures to comply
with this Decision by 11 May 2009 at the latest and shall
publish those measures. They shall
forthwith inform the
Commission thereof.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 26 March 2009.

For the Commission

Meglena KUNEVA
Member of the Commission

Having regard to the Treaty
Community,

establishing the European

Having regard to Directive 2001/95/EC of
the European
the Council of 3 December 2001 on
Parliament and of
general product safety (1), and in particular Article 13 thereof,

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 2006/502/EC (2) requires Member
States to take measures to ensure that only lighters which
are child-resistant are placed on the market and to
prohibit the placing on the market of novelty lighters.

Decision 2006/502/EC was adopted in accordance with
the provisions of Article 13 of Directive 2001/95/EC,
which restricts the validity of the Decision to a period
not exceeding one year, but allows it to be confirmed for
additional periods none of which shall exceed one year.

Decision 2006/502/EC was amended twice,
firstly by
Decision 2007/231/EC (3) which prolonged the validity
of the Decision until 11 May 2008 and secondly by
Decision 2008/322/EC (4) which prolonged the validity
of the Decision for a further year until 11 May 2009.

In the absence of other satisfactory measures addressing
the child safety of lighters, it is necessary to prolong the
validity of Decision 2006/502/EC for a further 12
months and to amend it accordingly.

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 198, 20.7.2006, p. 41.
(3) OJ L 99, 14.4.2007, p. 16.
(4) OJ L 109, 19.4.2008, p. 40.
2009/297/EC: Commission Decision of 26 March 2009 amending Decision 2008/866/EC as regards its period of application (notified under document number C(2009) 1876) (Text with EEA relevance)
Date: 2009-03-26
Institutions: European Commission
Subjects: Peru, animal disease, animal health, animal nutrition, exchange of information, fishery product, food safety, mollusc

L 81/22

EN

Official Journal of the European Union

27.3.2009

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 26 March 2009

amending Decision 2008/866/EC as regards its period of application

(notified under document number C(2009) 1876)

(Text with EEA relevance)

(2009/297/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 178/2002 of the European
Parliament and of the Council of 28 January 2002 laying down
the general principles and requirements of food law, establishing
the European Food Safety Authority
and laying down
food safety (1), and in particular
procedures in matters of
Article 53(1)(b)(i) thereof,

(4)

(5)

(6)

Pending the submission of all relevant information by the
Peruvian authorities and the results of that inspection, it
is appropriate to extend the application of Decision
2008/866/EC until 30 November 2009.

Decision 2008/866/EC should therefore be amended
accordingly.

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

Whereas:

(1)

(2)

(3)

Commission Decision 2008/866/EC of 12 November
2008 on emergency measures suspending imports from
Peru of certain bivalve molluscs intended for human
consumption (2) was adopted as a result of contamina­
tion with the hepatitis A virus (HAV) of certain bivalve
molluscs imported from Peru which were identified as
being at the origin of an outbreak of hepatitis A in
humans. That Decision applies until 31 March 2009.

The Peruvian authorities have provided certain infor­
mation concerning the corrective measures put in place
to improve control of the production of bivalve molluscs
intended for export to the Community.

information is, however,

That
Commission inspection is to be carried out in Peru.

insufficient

and a

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 2008/866/EC,
replaced by ‘30 November 2009’.

‘31 March 2009’

is

This Decision is addressed to the Member States.

Article 2

Done at Brussels, 26 March 2009.

For the Commission

Androulla VASSILIOU
Member of the Commission

(1) OJ L 31, 1.2.2002, p. 1.
(2) OJ L 307, 18.11.2008, p. 9.
Case C-21/08 P: Judgment of the Court (Second Chamber) of 26 March 2009 — Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Sun Microsystems Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word and figurative mark SUNPLUS — Opposition by the proprietor of the national word marks SUN — Refusal of registration)
Date: 2009-03-26
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, audiovisual equipment, trade-mark law








C_2009113EN.01001001.xml










16.5.2009   


EN


Official Journal of the European Union


C 113/10





Judgment of the Court (Second Chamber) of 26 March 2009 — Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Sun Microsystems Inc.
(Case C-21/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word and figurative mark ‘SUNPLUS’ - Opposition by the proprietor of the national word marks ‘SUN’ - Refusal of registration)
2009/C 113/18
Language of the case: English

Parties


Appellant: Sunplus Technology Co. Ltd (represented by: K. Lochner and H. Gauß, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Sun Microsystems Inc. (represented by: M. Graf, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 15 November 2007 in Case T-38/04 Sunplus Technology Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which the Court of First Instance dismissed an action brought, by the applicant for the figurative mark ‘SUNPLUS’ for goods in Class 9, against decision R 642/2000-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 7 October 2003, dismissing the appeal against the decision of the opposition division which refused an application for registration of that mark in opposition proceedings initiated by the holder of the national figurative and word trade marks ‘SUN’ for goods in Class 9 — Similarity between the marks — Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Sunplus Technology Co. Ltd to pay the costs.






(1)  OJ C 64, 8.3.2008.