do-me/EUR-LEX huggingface dataset:
Case F-50/09: Action brought on 12 May 2009 — Missir Mamachi di Lusignano v Commission
Date: 2009-05-12
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), crime against individuals, damages, fine, indemnification, limitation of legal proceedings








C_2009167EN.01002703.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/27





Action brought on 12 May 2009 — Missir Mamachi di Lusignano v Commission
(Case F-50/09)
2009/C 167/55
Language of the case: Italian

Parties


Applicant: Livio Missir Mamachi di Lusignano (Kerkhove-Avelgem, Belgium) (represented by: F. Di Gianni and R. Antonini, lawyers)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Application for compensation for material and non-material damage arising as a result of the murder of a Commission official and his wife.

Form of order sought







—


Annul the decision of the appointing authority of 3 February 2009 rejecting Complaint No R/406/08 seeking compensation for the material and non-material damage arising as a result of the murder of Alessandro Missir Mamachi di Lusignano and of his wife on 18 September 2006 in Rabat, Morocco, where he was posted for reasons of service;










—


order the Commission to pay to the heirs and successors of Alessandro Missir Mamachi di Lusignano the sum of EUR 2 552 837,96, corresponding to the murdered official’s salary spanning a period of 26 years, to be reassessed in order to take account of that person’s career prospects (as regards both the automatic addition of points on the pay scale and likely promotions in grade) by way of compensation for financial loss;










—


order the Commission to pay to the heirs and successors of Alessandro Missir Mamachi di Lusignano the sum of EUR 250 000,00 by way of compensation for the non-material damage suffered by the victim before his death;










—


order the Commission to pay to the heirs and successors of Alessandro Missir Mamachi di Lusignano the sum of EUR 1 276 512,00 by way of compensation for the non-material damage suffered by the children of the victim, who witnessed his tragic murder;










—


order the Commission to pay to Livio Missir Mamachi di Lusignano the sum of EUR 212 752,00 by way of compensation for the non-material damage suffered by that person as the father of the victim;










—


order the Commission to pay compensatory interest and default interest accrued;










—


order the Commission to pay the costs.
Special Report No 12/2008 Instrument for structural policies for pre-accession (ISPA), 2000-2006
Date: 2009-05-12
Institutions: European Court of Auditors
Subjects: accession to the European Union, activity report, disclosure of information, pre-accession aid








C_2009108EN.01000702.xml










12.5.2009   


EN


Official Journal of the European Union


C 108/7





The European Court of Auditors hereby informs you that Special Report No 12/2008 ‘Instrument for structural policies for pre-accession (ISPA), 2000-2006’ has just been published.
The report can be accessed for consultation or downloading on the European Court of Auditors' website: www.eca.europa.eu
A hard copy and a CD-ROM version of the report may be obtained free of charge on request to the Court of Auditors:





European Court of Auditors




Communication and Reports Unit




12, rue Alcide De Gasperi




1615 Luxembourg




LUXEMBOURG




Tel: + 352 4398-1




e-mail: euraud@eca.europa.eu




or by filling in an electronic order form on EU-Bookshop.
Case T-189/09: Action brought on 12 May 2009 — Poloplast v OHIM — Polypipe Building Products (P)
Date: 2009-05-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, trade-mark law








C_2009167EN.01001701.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/17





Action brought on 12 May 2009 — Poloplast v OHIM — Polypipe Building Products (P)
(Case T-189/09)
2009/C 167/33
Language in which the application was lodged: German

Parties


Applicant: Poloplast GmbH & Co KG (Leonding, Austria) (represented by: G. Bruckmüller, 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: Polypipe Building Products Ltd (Edlington, United Kingdom)

Form of order sought







—


Annul the contested decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 25 February 2009 or alter it in such a way that it establishes that there is no likelihood of confusion between the markets covered, and










—


Order the Office for Harmonisation in the Internal Market to pay the applicant’s costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Poloplast GmbH & Co KG.

Community trade mark concerned: the figurative mark ‘p’ for goods and services in Classes 6, 11, 17, 19 and 42 (application No 3 148 194).

Proprietor of the mark or sign cited in the opposition proceedings: Polypipe Building Products Ltd.

Mark or sign cited in opposition: the figurative mark ‘P’ for goods in Class 17 (Community trade mark No 33 191) and the figurative mark ‘P POLYPIPE’ for goods in Classes 6, 11, 17, 19 and 20 (Community trade mark No 2 685 691).

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Partial dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009 (1)), as there is no likelihood of confusion between the two marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2009/400/EC: Council Decision of 12 May 2009 on the European Capital of Culture event for the year 2012
Date: 2009-05-12
Institutions: Council of the European Union
Subjects: Portugal, Slovenia, capital city, cultural event, cultural policy, town








L_2009127EN.01000901.xml










26.5.2009   


EN


Official Journal of the European Union


L 127/9








            COUNCIL DECISION
         
of 12 May 2009
         
on the European Capital of Culture event for the year 2012
(2009/400/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,


Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular its Article 14,


Having regard to the selection panel report of 5 November 2008 submitted to the Commission, to the European Parliament and to the Council in accordance with Article 14(2) of Decision No 1622/2006/EC,


Considering that the criteria referred to in Article 14(3) of Decision No 1622/2006/EC are entirely fulfilled,


Having regard to the recommendation from the Commission of 8 April 2009,

HAS DECIDED AS FOLLOWS:



Sole Article
Guimarães (Portugal) and Maribor (Slovenia) are designated as ‘European Capital of Culture 2012’ in accordance with Article 14 of Decision No 1622/2006/EC.




Done at Brussels, 12 May 2009.


For the Council


The President

M. KOPICOVÁ
            





(1)  
            OJ L 304, 3.11.2006, p. 1.