do-me/EUR-LEX huggingface dataset:
Case T-159/09 R: Order of the Court of First Instance of 25 May 2009 — Biofrescos v Commission (Application for interim measures — Application for suspension of operation — Submission of the application — Inadmissibility — Financial loss — Lack of urgency)
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: General Court (EU), damages, import policy, ordinance, suspension of sentence








C_2009167EN.01001201.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/12





Order of the Court of First Instance of 25 May 2009 — Biofrescos v Commission
(Case T-159/09 R)
(Application for interim measures - Application for suspension of operation - Submission of the application - Inadmissibility - Financial loss - Lack of urgency)
2009/C 167/25
Language of the case: Portuguese

Parties


Applicant: Biofrescos — Comércio de Produtos Alimentares, Lda (Linda-a-Velha, Portugal) (represented by: A. Magalhães Menezes, lawyer)

Defendant: Commission of the European Communities (represented by: R. Lyal, P. Guerra e Andrade and L. Bouyon, acting as Agents)

Re:

Application for suspension of the recovery of import duties not yet demanded of the applicant, in so far as that recovery was ordered by Commission Decision C (2009) 72 final of 16 January 2009, finding that it is justified to proceed to recovery a posteriori of those duties and that remission of those duties is not justified in the applicant’s case.

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Case T-203/09: Action brought on 25 May 2009 — Olymp Bezner v OHIM — Bellido (Olymp)
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009167EN.01002002.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/20





Action brought on 25 May 2009 — Olymp Bezner v OHIM — Bellido (Olymp)
(Case T-203/09)
2009/C 167/40
Language in which the application was lodged: English

Parties


Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: J. Dönch and M. Eck, lawyers)

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

Other party to the proceedings before the Board of Appeal: Miguel Bellido, S.A. (Manzanares, Ciudad Real, Spain)

Form of order sought







—


Repeal the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 March 2009 in case R 531/2008-2; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark subject of the application for a declaration of invalidity: The word mark ‘Olymp’ for goods in class 25

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Trade mark right of the party requesting the declaration of invalidity: Spanish trade mark registration of the figurative mark ‘OLIMPO’ for goods in class 25

Decision of the Cancellation Division: Declared the Community trade mark concerned invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) and of Article 52(1)(a) of Council Regulation 40/94 (which became Article 53(1)(a) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that there was a likelihood of confusion, due to the fact that the concerned trade marks are not visually, aurally or conceptually similar.
Case T-207/09: Action brought on 25 May 2009 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL)
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), sports facilities, trade-mark law








C_2009167EN.01002102.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/21





Action brought on 25 May 2009 — El Jirari Bouzekri v OHIM — Nike International (NC NICKOL)
(Case T-207/09)
2009/C 167/42
Language in which the application was lodged: English

Parties


Applicants: Mustapha El Jirari Bouzekri (Malaga, Spain) (represented by: E. Ragot, lawyer)

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

Other party to the proceedings before the Board of Appeal: Nike International Ltd (Beaverton, United States)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 February 2009 in case R 554/2008-2 in so far as it contains an error of law in the interpretation of Article 8(5) of Council Regulation 40/94 (which became Article 8(5) of Council Regulation 207/2009); and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to pay the applicant’s legal and other costs incurred in the proceedings before the Court of First Instance.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘NC NICKOL’, for goods in class 9

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: Community trade mark registration of the figurative mark ‘NIKE’ for a range of goods, amongst them goods in classes 9 and 25

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(5) of Council Regulation 40/94 as the Board of Appeal wrongly concluded that the conditions for the application of the said provision were fulfilled.
Commission Regulation (EC) No 430/2009 of 25 May 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Kölsch (PGI))
Date: 2009-05-25
Institutions: European Commission
Subjects: Germany, alcoholic beverage, beer, designation of origin, location of production, originating product, product designation








L_2009127EN.01000301.xml










26.5.2009   


EN


Official Journal of the European Union


L 127/3








            COMMISSION REGULATION (EC) No 430/2009
of 25 May 2009
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Kölsch (PGI))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 9(1), and in application of Article 17(2) of Regulation (EC) No 510/2006, the Commission has examined Germany's application for the approval of amendments to the specification of the protected geographical indication ‘Kölsch’ registered on the basis of Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 2325/97 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 May 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 322, 25.11.1997, p. 33.

(4)  
            OJ C 254, 7.10.2008, p. 12.




ANNEX
Foodstuffs listed in Annex I to the Regulation (CE) No 510/2006:

Class 2.1.   Beers

GERMANY
Kölsch (PGI)
2009/441/EC: Council Decision of 25 May 2009 appointing one Italian member of the Committee of the Regions
Date: 2009-05-25
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2009148EN.01001701.xml










11.6.2009   


EN


Official Journal of the European Union


L 148/17








            COUNCIL DECISION
         
of 25 May 2009
         
appointing one Italian member of the Committee of the Regions
(2009/441/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Italian Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


A member's seat on the Committee of the Regions has become vacant following the end of mandate of Mr Renato SORU,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
Mr Ugo CAPPELLACCI, Presidente della Regione Sardegna.


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 25 May 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case T-196/09: Action brought on 25 May 2009 — TerreStar Europe v Commission
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: European Commission, appeal, disclosure of information, infringement of EU law, satellite navigation








C_2009167EN.01001901.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/19





Action brought on 25 May 2009 — TerreStar Europe v Commission
(Case T-196/09)
2009/C 167/37
Language of the case: English

Parties


Applicant: TerreStar Europe Ltd (London, United Kingdom) (represented by: R. Olofsson, lawyer, J. Killick, Barrister)

Defendant: Commission of the European Communities

Form of order sought







—


annul the contested decision;










—


order the Commission to pay the costs;










—


take such other of further steps as justice may require.





Pleas in law and main arguments

In the present case, the applicant seeks the annulment of Commission Decision C(2009) 3746 final/2 of 13 May 2009, regarding selection of operators of pan-European systems providing mobile satellite services (MSS) adopted in application of the Decision No 626/2008/EC (1) in so far as it rejects the application of the applicant.
In support of its claims, the applicant puts forward three pleas in law.
First, it submits that the Commission committed a manifest error of assessment in finding that TerreStar did not meet the required milestones. The applicant claims that the inconsistencies between the information and a lack of evidence in completion of one of the milestone as found by the Commission were due to a misunderstanding of the information submitted and could have been cleared up on a simple request by the Commission.
Second, the applicant contends that the Commission acted in breach of the principle of good administration and the principle of proportionality by failing to request clarification and to review the clarifications voluntarily submitted by TerreStar.
Third, in the alternative, the applicant claims that the contested decision lacks adequate reasoning.


(1)  Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS) (OJ 2008 L 172, p. 15)
Case T-202/09: Action brought on 25 May 2009 — Heinrich Deichmann-Schuhe GmbH& Co. v OHIM (Representation of a curved band with dotted lines)
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009180EN.01005502.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/55





Action brought on 25 May 2009 — Heinrich Deichmann-Schuhe GmbH& Co. v OHIM (Representation of a curved band with dotted lines)
(Case T-202/09)
2009/C 180/103
Language in which the application was lodged: Gemran

Parties


Applicant: Heinrich Deichmann-Schuhe GmbH& Co. (Essen, Germany) (represented by C. Rauscher, lawyer)

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

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 3 April 2009 in Case R 224/2007-4; and










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark representing a curved band with dotted lines for goods in Classes 10 and 24 (International Registration designating the European Community, No W 0881226)

Decision of the Examiner: Refusal of protection

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) of Regulation No 40/94 (now Article 7(1)(b) of Regulation No 207/2009 (1)) in finding the mark to be devoid of any distinctive character


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2009/440/EC: Council Decision of 25 May 2009 appointing four Finnish members and two Finnish alternate members of the Committee of the Regions
Date: 2009-05-25
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Finland, appointment of members








L_2009148EN.01001601.xml










11.6.2009   


EN


Official Journal of the European Union


L 148/16








            COUNCIL DECISION
         
of 25 May 2009
         
appointing four Finnish members and two Finnish alternate members of the Committee of the Regions
(2009/440/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Finnish Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


Four members' seats on the Committee of the Regions have become vacant following the resignation of Ms Auli HYVÄRINEN and Ms Elina LEHTO-HÄGGROTH and following the end of mandate of Mr Risto ERVELÄ and Mr Risto KOIVISTO. Two alternate members' seats have become vacant following the resignation of Ms Martina MALMBERG and Ms Heini UTUNEN,





HAS DECIDED AS FOLLOWS:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010:






(a)


as members:






—


Ms Satu TIETARI, Säkylän kunnanvaltuuston jäsen,










—


Ms Anne KARJALAINEN, Keravan kaupunginvaltuuston jäsen,










—


Mr Risto ERVELÄ, Sauvon kunnanvaltuuston jäsen (change of mandate),










—


Mr Risto KOIVISTO, Pirkkalan kunnanjohtaja (change of mandate),














(b)


as alternate members:






—


Mr Petri KALMI, Nurmijärven kunnanvaltuuston puheenjohtaja,










—


Mr Mårten JOHANSSON, Raaseporin kaupunginjohtaja.










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 25 May 2009.


For the Council


The President

J. ŠEBESTA
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Council Decision of 25 May 2009 appointing Maltese members and a Maltese alternate member of the Advisory Committee on Freedom of Movement for Workers
Date: 2009-05-25
Institutions: Council of the European Union
Subjects: Malta, advisory committee (EU), appointment of members, free movement of workers








C_2009123EN.01001101.xml










3.6.2009   


EN


Official Journal of the European Union


C 123/11






COUNCIL DECISION

of 25 May 2009
appointing Maltese members and a Maltese alternate member of the Advisory Committee on Freedom of Movement for Workers
2009/C 123/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (1), and in particular Articles 26 and 27 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


By its Decision of 25 September 2008 (2), the Council appointed the members and alternate members of the Advisory Committee on Freedom of Movement for Workers for the period from 25 September 2008 to 24 September 2010, with the exception of certain members including the Maltese members and alternate members in the category of government representatives.










(2)


The Maltese Government has submitted nominations for a number of posts to be filled,




HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed members and an alternate member of the Advisory Committee on Freedom of Movement for Workers for the period ending on 24 September 2010:

REPRESENTATIVES OF GOVERNMENT








Country


Members


Alternates




Malta


Mr Joseph MIZZI
Ms Josephine FARRUGIA


Mr Anthony BUTTIGIEG





Done at Brussels, 25 May 2009.


For the Council


The President

J. ŠEBESTA





(1)  OJ L 257, 18.10.1968, p. 2.

(2)  OJ C 253, 4.10.2008, p. 7.
Case T-204/09: Action brought on 25 May 2009 — Olymp Bezner v OHIM — Bellido (OLYMP)
Date: 2009-05-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), infringement of EU law, trade-mark law








C_2009167EN.01002101.xml










18.7.2009   


EN


Official Journal of the European Union


C 167/21





Action brought on 25 May 2009 — Olymp Bezner v OHIM — Bellido (OLYMP)
(Case T-204/09)
2009/C 167/41
Language in which the application was lodged: English

Parties


Applicant: Olymp Bezner GmbH & Co. KG (Bietigheim-Bissingen, Germany) (represented by: J. Dönch and M. Eck, lawyers)

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

Other party to the proceedings before the Board of Appeal: Miguel Bellido, S.A. (Manzanares, Ciudad Real, Spain)

Form of order sought







—


Repeal the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 March 2009 in case R 598/2008-2; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark subject of the application for a declaration of invalidity: The figurative mark ‘OLYMP’ for goods in class 25

Proprietor of the Community trade mark: The applicant

Party requesting the declaration of invalidity of the Community trade mark: The other party to the proceedings before the Board of Appeal

Trade mark right of the party requesting the declaration of invalidity: Spanish trade mark registration of the figurative mark ‘OLIMPO’ for goods in class 25

Decision of the Cancellation Division: Declared the Community trade mark concerned invalid

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that there was a likelihood of confusion, due to the fact that the concerned trade marks are not visually, aurally or conceptually similar.
Council Decision of 25 May 2009 appointing Maltese members and one alternate member of the Advisory Committee on Social Security for Migrant Workers
Date: 2009-05-25
Institutions: Council of the European Union
Subjects: advisory committee (EU), appointment of members, migrant worker, social security








C_2009123EN.01000801.xml










3.6.2009   


EN


Official Journal of the European Union


C 123/8






COUNCIL DECISION

of 25 May 2009
appointing Maltese members and one alternate member of the Advisory Committee on Social Security for Migrant Workers
2009/C 123/03
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), and in particular Article 82 thereof,
Having regard to the lists of candidates submitted to the Council by the Governments of the Member States,
Whereas:






(1)


by its Decision of 30 March 2009 (2), the Council appointed the members and alternate members of the Advisory Committee on Social Security for Migrant Workers for the period 30 March 2009 to 29 March 2010, with the exception of certain members including the Maltese members and alternate members;










(2)


the Maltese Government has submitted nominations for a number of posts to be filled,




HAS DECIDED AS FOLLOWS:
Sole Article
The following are hereby appointed members and one alternate member of the Advisory Committee on Social Security for Migrant Workers for the period ending on 29 March 2011:

REPRESENTATIVES OF GOVERNMENT








Country


Members


Alternates




Malta


Mr Malcolm SCICLUNA
Mr Mark MUSU’


Mr Frank MICALLEF








REPRESENTATIVES OF EMPLOYERS′ ORGANISATIONS








Country


Members


Alternates




Malta


Mr Tonio FARRUGIA
Mr Victor PISANI


 





Done at Brussels, 25 May 2009.


For the Council


The President

J. ŠEBESTA





(1)  OJ L 149, 5.7.1971, p. 2.

(2)  OJ C 83, 7.4.2009, p. 19.