do-me/EUR-LEX huggingface dataset:
Case C-542/07 P: Judgment of the Court (Fifth Chamber) of 11 June 2009 — Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Refusal to register — Regulation (EC) No 40/94 — Article 7(3) — Distinctive character acquired through use — Use after the date on which the application for registration was filed)
Date: 2009-06-11
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), appeal, judgment of the Court (EU), telecommunications, trade-mark law








C_2009180EN.01000802.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/8





Judgment of the Court (Fifth Chamber) of 11 June 2009 — Imagination Technologies Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-542/07 P) (1)

(Appeal - Community trade mark - Refusal to register - Regulation (EC) No 40/94 - Article 7(3) - Distinctive character acquired through use - Use after the date on which the application for registration was filed)
2009/C 180/13
Language of the case: English

Parties


Appellant: Imagination Technologies Ltd (represented by: M. Edenborough, Barrister, instructed by P. Brownlow and N. Jenkins, Solicitors)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 20 September 2007 in Case T-461/04 Imagination Technologies v OHIM (Pure Digital), by which the Court dismissed an action for the annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 16 September 2004 in Case R 108/2004-2 dismissing the appeal against the examiner’s decision refusing to register the word mark ‘PURE DIGITAL’ for goods and services in Classes 9 and 38

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Imagination Technologies Ltd to pay the costs.






(1)  OJ C 37, 9.2.2008.
Case T-297/02: Judgment of the Court of First Instance of 11 June 2009 — ACEA v Commission (State aid — Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates — Decision declaring the aid incompatible with the common market — Actions for annulment — Individual concern — Admissibility — Existing aid or new aid — Article 87(3)(c) EC)
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: General Court (EU), Italy, State aid, action for annulment (EU), public service, tax exemption








C_2009180EN.01003801.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/38





Judgment of the Court of First Instance of 11 June 2009 — ACEA v Commission
(Case T-297/02) (1)

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Individual concern - Admissibility - Existing aid or new aid - Article 87(3)(c) EC)
2009/C 180/68
Language of the case: Italian

Parties


Applicant: ACEA SpA (Rome, Italy) (represented by: A. Giardina, L. Radicati di Brozolo and V. Puca, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, Agent)

Interveners in support of the applicant: ACSM Como SpA (Como, Italy) (represented by L. Radicati di Brozolo and M. Merola, lawyers) and AEM — Azienda Energetica Metropolitana Torino SpA (Turin, Italy) (represented by M. Merola and L. Radicati di Brozolo, lawyers)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible in so far as it relates to the Cassa Depositi e Prestiti loans.










2.


Dismisses the remainder of the action as unfounde.










3.


Orders ACEA SpA to bear its own costs as well as those incurred by the Commission.










4.


Orders ACSM Como SpA and AEM — Azienda Energetica Metropolitana Torino SpA to bear their own costs.






(1)  OJ C 289, 23.11.2002.
Case T-228/09: Action brought on 11 June 2009 — United States Polo Association v OHIM — Textiles CMG (U.S. POLO ASSN.)
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2009180EN.01006201.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/62





Action brought on 11 June 2009 — United States Polo Association v OHIM — Textiles CMG (U.S. POLO ASSN.)
(Case T-228/09)
2009/C 180/114
Language in which the application was lodged: English

Parties


Applicants: United States Polo Association (Lexington, United States) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

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

Other party to the proceedings before the Board of Appeal: Textiles CMG, SA (Onteniente, Valencia, Spain)

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 20 March 2009 in case R 886/2008-4; and










—


Order the defendant to pay its own costs and those of the applicant, and, should the other party before the Board of Appeal intervene in the proceedings, order it to pay its own costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “U.S. POLO ASSN.”, for goods in classes 9, 20, 21, 24 and 27

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: Spanish trade mark registration of the word mark “POLO-POLO” for goods in class 24; Community trade mark registration of the word mark “POLO-POLO” for goods in classes 24, 25 and 39

Decision of the Opposition Division: Upheld the opposition for all the contested goods

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 is a likelihood of confusion between the trade marks concerned.
Commission Regulation (EC) No 496/2009 of 11 June 2009 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia
Date: 2009-06-11
Institutions: European Commission
Subjects: Liberia, civil war, financial aid, free movement of persons, international sanctions, precious stones








L_2009149EN.01006001.xml










12.6.2009   


EN


Official Journal of the European Union


L 149/60








            COMMISSION REGULATION (EC) No 496/2009
of 11 June 2009
         
amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia, (1) and in particular Article 11 (a) thereof,

Whereas:







(1)


Annex I to Regulation (EC) No 872/2004 lists the natural and legal persons, bodies and entities covered by the freezing of funds and economic resources under that Regulation.












(2)


On 12 May 2009, the Sanctions Committee of the United Nations Security Council decided to amend the identifying information of one person to whom the freezing of funds and economic resources should apply. Annex I should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 872/2004 is hereby amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the third 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, 11 June 2009.


For the Commission

Eneko LANDÁBURU
            

Director-General for External Relations






(1)  
            OJ L 162, 30.4.2004, p. 32.




ANNEX
Annex I to Council Regulation (EC) No 872/2004 is amended as follows:
The entry ‘Edwin M., Snowe jr. Nationality: Liberian. Passport number: (a) OR/0056672-01, (b) D/005072, (c) D-00172 (ECOWAS-DPL Passport, valid 7.8.2008-6.7.2010).’ Other information: Managing Director of the Liberian Petroleum and Refining Corporation (LPRC), shall be replaced by the following:


            ‘Edwin M., Snowe jr. Address: Elwa Road, Monrovia, Liberia. Date of birth: 11.2.1970. Place of birth: Mano River, Grand Cape Mount, Liberia. Nationality: Liberian. Passport number: (a) OR/0056672-01, (b) D/005072, (c) D005640 (diplomatic passport), (d) D-00172 (ECOWAS-DPL Passport, valid 7.8.2008-6.7.2010). Other information: Managing Director of the Liberian Petroleum and Refining Corporation (LPRC). Date of designation referred to in Article 6(b): 10.9.2004.’.
Case C-170/08: Judgment of the Court (Fifth Chamber) of 11 June 2009 (Reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven — Netherlands) — H.J. Nijemeisland v Minister van Landbouw, Natuur en Voedselkwaliteit (Common agricultural policy — Beef and veal — Regulation (EC) No 795/2004 — Article 3a — Integrated administration and control system for certain Community aid schemes — Single payment — Determination of reference amount — Reductions and exclusions)
Date: 2009-06-11
Institutions: Court of Justice
Subjects: EU aid, aid system, aid to agriculture, interpretation of the law, judgment of the Court (EU)








C_2009180EN.01001802.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/18





Judgment of the Court (Fifth Chamber) of 11 June 2009 (Reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven — Netherlands) — H.J. Nijemeisland v Minister van Landbouw, Natuur en Voedselkwaliteit
(Case C-170/08) (1)

(Common agricultural policy - Beef and veal - Regulation (EC) No 795/2004 - Article 3a - Integrated administration and control system for certain Community aid schemes - Single payment - Determination of reference amount - Reductions and exclusions)
2009/C 180/30
Language of the case: Dutch

Referring court

College van Beroep voor het Bedrijfsleven

Parties to the main proceedings


Applicant: H.J. Nijemeisland

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Re:

Reference for a preliminary ruling College van Beroep voor het Bedrijfsleven — Interpretation of Article3a of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (OJ 2004 L 141, p.1) and of Article 2 of Commission Regulation (EC) No 2419/2001 of 11 December 2001 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes established by Council Regulation (EEC) No 3508/92 — Integrated administration and control system for certain aid schemes — Single payment scheme — Fixing of the reference amount — Reductions and exclusions.

Operative part of the judgment

Article 3a of Commission Regulation (EC) No 795/2004 of 21 April 2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, as amended by Commission Regulation (EC) No 1974/2004 of 29 October 2004, must be interpreted as meaning that reductions and exclusions based on Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal are not to be taken into account in the calculation provided for in Article 37(1) of Regulation No 1782/2003.


(1)  OJ C 197, 2.8.2008.
Case T-292/02: Judgment of the Court of First Instance of 11 June 2009 — Confservizi v Commission (State aid — Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates — Decision declaring the aid incompatible with the common market — Actions for annulment — Association of undertakings — Not individually concerned — Inadmissibility)
Date: 2009-06-11
Institutions: Court of First Instance
Subjects: General Court (EU), State aid, action for annulment (EU), aid to undertakings, infringement of EU law, interest rate subsidy, loan, public service, tax exemption








C_2009180EN.01003702.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/37





Judgment of the Court of First Instance of 11 June 2009 — Confservizi v Commission
(Case T-292/02) (1)

(State aid - Scheme of aid granted by the Italian authorities to certain public utilities in the form of tax exemptions and loans at preferential rates - Decision declaring the aid incompatible with the common market - Actions for annulment - Association of undertakings - Not individually concerned - Inadmissibility)
2009/C 180/67
Language of the case: Italian

Parties


Applicant: Confederazione Nazionale dei Servizi (Confservizi) (Rome, Italy) (represented by: C. Tessarolo, A. Vianello, S. Gobbato and F. Spitaleri, lawyers)

Defendant: Commission of the European Communities (represented by: V. Di Bucci, acting as Agent)

Intervener in support of the defendant: Associazione Nazionale fra gli Industriali degli Acquedotti — Anfida (Rome, Italy) (represented by: P. Alberti, lawyer)

Re:

Application for annulment of Articles 2 and 3 of Commission Decision 2003/193/EC of 5 June 2002 on State aid granted by Italy in the form of tax exemptions and subsidised loans to public utilities with a majority public capital holding (OJ 2003 L 77, p. 21).

Operative part of the judgment

The Court:






1.


Dismisses the action as inadmissible.










2.


Orders the Confederazione Nazionale di Servizi (Confservizi) to bear its own costs as well as those incurred by the Commission.










3.


Orders the Associazione Nazionale fra gli Industriali degli Acquedotti — Anfida to bear its own costs.






(1)  OJ C 274, 9.11.2002.
Prior notification of a concentration — (Case COMP/M.5553 — Perdigão/Sadia) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-06-11
Institutions: European Commission
Subjects: economic concentration, exchange of information, food processing, foodstuff, marketing, merger control








C_2009132EN.01001601.xml










11.6.2009   


EN


Official Journal of the European Union


C 132/16





Prior notification of a concentration
(Case COMP/M.5553 — Perdigão/Sadia)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 132/09






1.


On 2 June 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Perdigão S.A. (‘Perdigão’, Brazil) enters into a full merger within the meaning of Article 3(1)(a) of the Council Regulation with the undertaking Sadia S.A. (‘Sadia’, Brazil).










2.


The business activities of the undertakings concerned are:






—


for Perdigão: processing and supply of food products,










—


for Sadia: processing and supply of food products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 2 2964301 or 2967244) or by post, under reference number COMP/M.5553 — Perdigão/Sadia, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-335/08 P: Judgment of the Court (Third Chamber) of 11 June 2009 — Transports Schiocchet — Excursions SARL v Commission of the European Communities (Appeal — Action for damages — Regulations (EEC) Nos 517/72 and 684/92 — International carriage of passengers by coach and bus — Conditions for the Community to incur non-contractual liability — Limitation period)
Date: 2009-06-11
Institutions: Court of Justice
Subjects: appeal, bus, carriage of passengers, competition law, human rights, international road transport, judgment of the Court (EU)








C_2009180EN.01002102.xml










1.8.2009   


EN


Official Journal of the European Union


C 180/21





Judgment of the Court (Third Chamber) of 11 June 2009 — Transports Schiocchet — Excursions SARL v Commission of the European Communities
(Case C-335/08 P) (1)

(Appeal - Action for damages - Regulations (EEC) Nos 517/72 and 684/92 - International carriage of passengers by coach and bus - Conditions for the Community to incur non-contractual liability - Limitation period)
2009/C 180/35
Language of the case: French

Parties


Appellant: Transports Schiocchet — Excursions SARL (represented by: D. Schönberger, avocat)

Other party to the proceedings: Commission of the European Communities (represented by: J.-F. Pasquier and N. Yerrell, agents.)

Re:

Appeal against the order of the Court of First Instance (Fourth Chamber) of 19 May 2008 in Case T-220/07 Transport Schiocchet v Commission dismissing as inadmissible, on the ground of limitation, the action brought by the appellant seeking a declaration of non-contractual liability and compensation for harm sustained as a result of various illegal acts committed by the Community institutions — Conditions for bringing an action for damages — Concepts of regular service and special regular service within the meaning of Regulation (EEC) No 517/72 of the Council of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States (OJ 1972 L 67, p. 19), repealed and replaced by Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ 1992 L 74, p. 1)

Operative part of the judgment

The Court:






1.


dismisses the appeal;










2.


orders Transports Schiocchet — Excursions SARL to pay the costs.






(1)  OJ C 285, 8.11.2008.
Case F-81/08: Order of the Civil Service Tribunal (Third Chamber) of 11 June 2009 — Ketselidou v Commission (Staff cases — Officials — Action — Judgment of a Community court — Substantial new fact — None)
Date: 2009-06-11
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Commission, Greece, absenteeism, action by staff, ordinance, transfer of pension rights








C_2009193EN.01003503.xml










15.8.2009   


EN


Official Journal of the European Union


C 193/35





Order of the Civil Service Tribunal (Third Chamber) of 11 June 2009 — Ketselidou v Commission
(Case F-81/08) (1)

(Staff cases - Officials - Action - Judgment of a Community court - Substantial new fact - None)
2009/C 193/59
Language of the case: French

Parties


Applicant: Zoe Ketselidou (Brussels, Belgium) (represented by: S. A. Pappas, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and K. Herrmann, Agents)

Re:

Annulment of the implicit decision rejecting the applicant's request for revision of the calculation of the pension annuities to be taken into account for the transfer of pension rights acquired in Greece to the Community scheme.

Operative part of the order







1.


The application is dismissed as manifestly unfounded;










2.


Ms Ketselidou is ordered to pay the costs in their entirety.






(1)  OJ C 313 of 6.12.2008, p. 59.