do-me/EUR-LEX huggingface dataset:
Case F-38/09: Action brought on 2 April 2009 — Martin v Europol
Date: 2009-04-02
Institutions: Civil Service Tribunal
Subjects: Europol, action for annulment (EU), fine








C_2009167EN.01002604.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/26





Action brought on 2 April 2009 — Martin v Europol
(Case F-38/09)
2009/C 167/52
Language of the case: Dutch

Parties


Applicant: Breige Martin (Dublin, Ireland) (represented by: P. de Casparis)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 12 June 2008 by which the defendant informed the applicant that it could not offer her a permanent post and the decision of 7 January 2009 in response to a complaint, stating that the objections which the applicant had raised to the decision of 12 June 2008 were unfounded;










—


order Europol to pay the costs.
Case C-426/08: Order of the President of the Court of 2 April 2009 — Commission of the European Communities v Republic of Cyprus
Date: 2009-04-02
Institutions: Court of Justice
Subjects: Bulgaria, Cyprus, European Commission, Romania, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, ordinance, penalty








C_2009205EN.01003001.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/30





Order of the President of the Court of 2 April 2009 — Commission of the European Communities v Republic of Cyprus
(Case C-426/08) (1)

2009/C 205/52

Language of the case: Greek

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


(1)  OJ C 285, 8.11.2008.
Case C-202/07 P: Judgment of the Court (First Chamber) of 2 April 2009 — France Télécom SA v Commission of the European Communities (Appeals — Abuse of dominant position — Market for services in high-speed Internet access — Predatory pricing — Recoupment of losses — Right to align)
Date: 2009-04-02
Institutions: Court of Justice
Subjects: European Commission, France, General Court (EU), Internet, action for annulment (EU), fixing of prices, reduced price, restriction on competition, telecommunications








C_2009141EN.01000202.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/2





Judgment of the Court (First Chamber) of 2 April 2009 — France Télécom SA v Commission of the European Communities
(Case C-202/07 P) (1)

(Appeals - Abuse of dominant position - Market for services in high-speed Internet access - Predatory pricing - Recoupment of losses - Right to align)
2009/C 141/03
Language of the case: French

Parties


Appellant: France Télécom SA (represented by: J. Philippe, H. Calvet, O.W. Brouwer, T. Janssens, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: E. Gippini Fournier, Agent)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber, Extended Composition) of 30 January 2007 in Case T-340/03 France Télécom v Commission, in which the Court dismissed France Télécom’s appeal against the Commission Decision of 16 July 2003 relating to a proceeding under Article 82 EC (Case COMP/38.233 — Wanadoo Interactive) — Market for services in high-speed internet access (ADSL) — Abuse of a dominant position — Concept of predatory pricing, alignment of prices with those of competitors and recoupment of losses suffered

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders France Télécom SA to pay the costs.






(1)  OJ C 170, 21.7.2007.
Non-opposition to a notified concentration (Case COMP/M.5394 — Mauser Holding International/Reyde/JV) Text with EEA relevance
Date: 2009-04-02
Institutions: European Commission
Subjects: economic concentration, exchange of information, marketing, merger control, packaging, plastics industry








C_2009079EN.01000301.xml










2.4.2009   


EN


Official Journal of the European Union


C 79/3





Non-opposition to a notified concentration
(Case COMP/M.5394 — Mauser Holding International/Reyde/JV)
(Text with EEA relevance)
2009/C 79/02
On 21 January 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website under document number 32009M5394. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).
Case T-43/09: Order of the Court of First Instance of 2 April 2009 — Cachuera v OHIM — Gelkaps (Ayanda) (Application initiating proceedings — Formal requirements — Inadmissibility)
Date: 2009-04-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), administrative formalities, trade-mark law








C_2009141EN.01004204.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/42





Order of the Court of First Instance of 2 April 2009 — Cachuera v OHIM — Gelkaps (Ayanda)
(Case T-43/09) (1)

(Application initiating proceedings - Formal requirements - Inadmissibility)
2009/C 141/90
Language of the case: Spanish

Parties


Applicant: La Cachuera, SA (Misiones, Argentina) (represented by: E. Armijo Chávarri, 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: Gelkaps GmbH (Pritzwalk, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2008 (Case RE 87/2008-2), relating to opposition proceedings between La Cachuera, SA and Gelkaps GmbH

Operative part of the order

The Court:






1.


Dismisses the action.










2.


Orders La Cachuera, SA to bear its own costs.






(1)  OJ C 69, 21.3.2009.
Case C-83/08: Judgment of the Court (Fourth Chamber) of 2 April 2009 (reference for a preliminary ruling from the Thüringer Finanzgericht, Gotha (Germany)) — Glückauf Brauerei GmbH v Hauptzollamt Erfurt (Harmonisation of the structures of excise duties — Directive 92/83/EEC — Article 4(2) — Small independent brewery which is legally and economically independent of any other brewery — Criteria of legal and economic independence — Possibility of being subject to indirect influence)
Date: 2009-04-02
Institutions: Court of Justice
Subjects: alcohol, alcoholic beverage, beverage industry, excise duty, interpretation of the law, tax harmonisation, tax system








C_2009141EN.01001701.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/17





Judgment of the Court (Fourth Chamber) of 2 April 2009 (reference for a preliminary ruling from the Thüringer Finanzgericht, Gotha (Germany)) — Glückauf Brauerei GmbH v Hauptzollamt Erfurt
(Case C-83/08) (1)

(Harmonisation of the structures of excise duties - Directive 92/83/EEC - Article 4(2) - Small independent brewery which is legally and economically independent of any other brewery - Criteria of legal and economic independence - Possibility of being subject to indirect influence)
2009/C 141/27
Language of the case: German

Referring court

Thüringer Finanzgericht, Gotha

Parties to the main proceedings


Applicant: Glückauf Brauerei GmbH

Defendant: Hauptzollamt Erfurt

Re:

Reference for a preliminary ruling — Thüringer Finanzgericht, Gotha (Germany) — Interpretation of Article 4(2) of Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (OJ 1992 L 316, p. 21) — Classification as ‘independent small brewery’ for the purposes of application of reduced rates of duty — Criterion of ‘economic independence’ — Brewery liable, because of shareholdings and the allocation of voting rights, to be indirectly influenced by two other breweries

Operative part of the judgment

Article 4(2) of Council Directive 92/83/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages must be interpreted as meaning that a situation characterised by the existence of structural links in terms of shareholdings and voting rights, and which results in a situation in which one individual, performing his duties as manager of a number of the breweries concerned, is able, independently of his actual conduct, to exercise influence over the taking of business decisions by those breweries, prevents them from being considered economically independent of each other.


(1)  OJ C 128, 24.5.2008.
Case T-131/09: Action brought on 2 April 2009 — Farmeco v OHIM — Allergan (BOTUMAX)
Date: 2009-04-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), aesthetic surgery, trade-mark law








C_2009129EN.01001802.xml










6.6.2009   


EN


Official Journal of the European Union


C 129/18





Action brought on 2 April 2009 — Farmeco v OHIM — Allergan (BOTUMAX)
(Case T-131/09)
2009/C 129/32
Language in which the application was lodged: English

Parties


Applicants: Farmeco SA Dermocosmetics, trading as “Farmeco SA” (Athens, Greece) (represented by: N. Lyberis, lawyer)

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

Other party to the proceedings before the Board of Appeal: Allergan, Inc. (Irvine, United States)

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 2 February 2009 in case R 60/2008-4, to the extent that the application for the Community trade mark concerned was rejected for all goods in classes 3 and 5 and certain goods in class 16;










—


Dismiss the appeal filed by the other party to the proceedings before the Board of Appeal against the decision of 26 October 2007 of the Opposition Division and allow the Community trade mark concerned to proceed to registration for all goods applied for; and










—


Order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs, including those incurred in opposition and appeal proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “BOTUMAX”, for goods in classes 3, 5 and 16 — application No 3 218 237

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: Various Community and national trade mark registrations of the word mark or the sign “BOTOX” for goods and services in classes 5, 16, and 42, respectively

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Annulled the contested decision and rejected partially the application for the Community trade mark concerned

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned in respect of identical or highly similar goods, in spite of the existing differences between the visual and phonetic perception of the two signs; Infringement of Article 8(5) of Council Regulation 40/94 as the Board of Appeal wrongly considered that the conditions for the application of the said article were met.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance )
Date: 2009-04-02
Institutions: European Commission
Subjects: Poland, State aid, air transport, control of State aid, exchange of information, investment, transport company








C_2009079EN.01000101.xml










2.4.2009   


EN


Official Journal of the European Union


C 79/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2009/C 79/01






Date of adoption of the decision


28.1.2009




Reference number of the aid


N 212/08




Member State


Poland




Region


Małopolskie




Title (and/or name of the beneficiary)


Pomoc na restrukturyzację dla Przedsiębiorstwa Komunikacji Samochodowej Wadowice S.A.




Legal basis


Ustawa z dnia 30 sierpnia 1996 r. o komercjalizacji i prywatyzacji - art. 56 ust. 1 pkt 2 oraz art. 56 ust. 5 (Dz. U. z 2002 r. Nr 171. poz. 1397 ze zm.)




Type of measure


ad hoc aid




Objective


restructuring aid




Form of aid


loan




Budget


PLN 1 524 500 (approx. 392 154 EUR)




Duration (period)


until 31.12.2012




Economic sectors


transport




Name and address of the granting authority







Agencja Rozwoju Przemyslu S.A.




ul. Wołoska 7




02-672 Warszawa




POLSKA/POLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm






Date of adoption of the decision


11.2.2009




Reference number of the aid


N 472/08




Member State


Poland




Title (and/or name of the beneficiary)


Pomoc na inwestycje w zakresie portów lotniczych w ramach Programu Operacyjnego Infrastruktura i Środowisko




Legal basis


Projekt rozporządzenia Ministra Infrastruktury w sprawie pomocy na inwestycje infrastrukturalne w zakresie portów lotniczych w ramach Programu Operacyjnego Infrastruktura i Środowisko na lata 2007 – 2013
Ustawa z dnia 6 grudnia 2006 r. o zasadach prowadzenia polityki rozwoju - art. 21 ust. 3.
Program Operacyjny Infrastruktura i Środowisko na lata 2007 – 2013




Type of measure


Investment aid




Objective


Sectorial development




Form of aid


Direct grant




Budget


approx. EUR 251,5 m




Intensity


Max. 30 % (Warszawa-Okęcie airport) max. 75 % (the other TEN T airport operators)




Duration (period)


The aid will be granted by until 31.12.2015




Economic sectors


Air transport




Name and address of the granting authority







Ministerstwo Infrastruktury




ul. Chałubińskiego 4/6




00-928 Warszawa




POLSKA/POLAND








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/index.htm
Case F-35/09: Action brought on 2 April 2009 — Visser-Fornt Raya v Europol
Date: 2009-04-02
Institutions: Civil Service Tribunal
Subjects: Europol, action for annulment (EU), fine








C_2009167EN.01002601.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/26





Action brought on 2 April 2009 — Visser-Fornt Raya v Europol
(Case F-35/09)
2009/C 167/49
Language of the case: Dutch

Parties


Applicant: Maria Teresa Visser-Fornt Raya (the Hague, the Netherlands) (represented by: P. de Casparis)

Defendant: European Police Office (Europol)

Subject-matter and description of the proceedings

Annulment of the decision of 12 June 2008 informing the applicant that it was impossible to offer her a permanent post, and the decision of 7 January 2009 rejecting the complaint brought against the first decision.

Form of order sought

The applicant claims that the Tribunal should:






—


annul the decision of 12 June 2008 by which the defendant informed the applicant that it could not offer her a permanent post and the decision of 7 January 2009 in response to a complaint, stating that the objections which the applicant had raised to the decision of 12 June 2008 were unfounded;










—


order Europol to pay the costs.
Case C-421/07: Judgment of the Court (Second Chamber) of 2 April 2009 (reference for a preliminary ruling from the Vestre Landsret — Denmark)) — Criminal proceedings against Frede Damgaard (Medicinal products for human use — Directive 2001/83/EC — Concept of advertising — Dissemination of information about a medicinal product by a third party acting on his own initiative)
Date: 2009-04-02
Institutions: Court of Justice
Subjects: advertising, dissemination of information, interpretation of the law, legal code, medicinal product, pharmaceutical legislation








C_2009141EN.01001101.xml










20.6.2009   


EN


Official Journal of the European Union


C 141/11





Judgment of the Court (Second Chamber) of 2 April 2009 (reference for a preliminary ruling from the Vestre Landsret — Denmark)) — Criminal proceedings against Frede Damgaard
(Case C-421/07) (1)

(Medicinal products for human use - Directive 2001/83/EC - Concept of ‘advertising’ - Dissemination of information about a medicinal product by a third party acting on his own initiative)
2009/C 141/16
Language of the case: Danish

Referring court

Vestre Landsret

Party in the main proceedings

Frede Damgaard

Re:

Reference for a preliminary ruling — Vestre Landsret — Interpretation of Art. 86 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use (OJ 2001 L 311, p. 67) — Concept of advertising — Dissemination of information about a medicinal product by a third party acting on his own initiative and completely independently of the seller and the manufacturer

Operative part of the judgment

The Court:
Article 86 of Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use, as amended by Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004, is to be interpreted as meaning that dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising within the meaning of that article, even though the third party in question is acting on his own initiative and completely independently, de jure and de facto, of the manufacturer and the seller of such a medicinal product. It is for the national court to determine whether that dissemination constitutes a form of door-to-door information, canvassing activity or inducement designed to promote the prescription, supply, sale or consumption of medicinal products.


(1)  OJ C 269, 10.11.2007.
Community statistics on the information society ***I European Parliament legislative resolution of 2 April 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (COM(2008)0677 – C6-0381/2008 – 2008/0201(COD))#P6_TC1-COD(2008)0201 Position of the European Parliament adopted at first reading on 2 April 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EC) No 808/2004 concerning Community statistics on the information society
Date: 2009-04-02
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU statistics, information society, statistics








CE2010137EN.01005101.xml










27.5.2010   


EN


Official Journal of the European Union


CE 137/51





Thursday 2 April 2009Community statistics on the information society ***I
P6_TA(2009)0197
European Parliament legislative resolution of 2 April 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 808/2004 concerning Community statistics on the information society (COM(2008)0677 – C6-0381/2008 – 2008/0201(COD))
2010/C 137 E/11
(Codecision procedure: first reading)

The European Parliament,
having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0677),
having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0381/2008),
having regard to the opinion of the Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom (1),
having regard to Rule 51 and 43(2) of its Rules of Procedure,
having regard to the report of the Committee on Industry, Research and Energy (A6-0128/2009),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;










3.


Instructs its President to forward its position to the Council and Commission.






(1)  OJ L 181, 28.6.1989, p. 47.


Thursday 2 April 2009P6_TC1-COD(2008)0201
Position of the European Parliament adopted at first reading on 2 April 2009 with a view to the adoption of Regulation (EC) No …/2009 of the European Parliament and of the Council amending Regulation (EC) No 808/2004 concerning Community statistics on the information society

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 1006/2009.)