do-me/EUR-LEX huggingface dataset:
Case T-71/08: Judgment of the Court of First Instance of 8 July 2009 — Promat v OHIM — Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.) (Community trade mark — Opposition proceedings — Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. — Earlier national word mark PROMINA — Relative ground for refusal — Likelihood of confusion — Absence of similarity between the goods — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), machinery, preparation for market, trade-mark law








C_2009205EN.01003402.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/34





Judgment of the Court of First Instance of 8 July 2009 — Promat v OHIM — Prosima Comercial (PROSIMA PROSIMA COMERCIAL S.A.)
(Case T-71/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark PROSIMA PROSIMA COMERCIAL S.A. - Earlier national word mark PROMINA - Relative ground for refusal - Likelihood of confusion - Absence of similarity between the goods - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
2009/C 205/62
Language of the case: German

Parties


Applicant: Promat GmbH (Ratingen, Germany) (represented initially by S. Beckmann, and subsequently by H. Alt, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by A. Poch, and subsequently by G. Schneider, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Prosima Comercial, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 574/2007-2) relating to opposition proceedings between Promat GmbH and Prosima Comercial, SA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Promat GmbH to pay the costs.






(1)  OJ C 92, 12.4.2008.
Case T-504/08: Order of the Court of First Instance of 8 July 2009 — Mologen v OHIM (dSLIM) (Community trade mark — Partial refusal to register — Withdrawal of the application for registration — No need to adjudicate)
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), ordinance, trade-mark law








C_2009220EN.01003202.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/32





Order of the Court of First Instance of 8 July 2009 — Mologen v OHIM (dSLIM)
(Case T-504/08) (1)

(Community trade mark - Partial refusal to register - Withdrawal of the application for registration - No need to adjudicate)
2009/C 220/67
Language of the case: German

Parties


Applicant: Mologen AG (Berlin, Germany) (represented by: C. Klages, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1077/2007-4) concerning an application for the registration of the word mark ‘dSLIM’ as a Community trade mark

Operative part of the judgment

The Court:






1.


Declares that there is no further need to adjudicate on the action;










2.


Orders the applicant to pay the costs.






(1)  OJ C 44, 21.2.2009.
Case C-509/08: Order of the President of the Court of 8 July 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2009-07-08
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, electro-magnetic equipment, national implementing measure








C_2009282EN.01003203.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/32





Order of the President of the Court of 8 July 2009 — Commission of the European Communities v Grand Duchy of Luxembourg
(Case C-509/08) (1)

2009/C 282/57

Language of the case: French

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


(1)  OJ C 32, 7.2.2009.
Case F-62/08: Order of the Civil Service Tribunal (Third Chamber) of 8 July 2009 — Sevenier v Commission (Staff case — Officials — Permanent termination of service — Resignation — Application to withdraw)
Date: 2009-07-08
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, termination of a contract, work contract








C_2009282EN.01006502.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/65





Order of the Civil Service Tribunal (Third Chamber) of 8 July 2009 — Sevenier v Commission
(Case F-62/08) (1)

(Staff case - Officials - Permanent termination of service - Resignation - Application to withdraw)
2009/C 282/124
Language of the case: French

Parties


Applicant: Roberto Sevenier (Paris, France) (represented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and D. Martin, agents)

Re:

Annulment of the Commission’s decision rejecting the applicant’s request to withdraw his tender of resignation and for his case to be submitted to the medical committee and, consequently, an application for reinstatement of the applicant at the European Commission with reconstitution of his career from the date of his resignation.

Operative part of the order

The Tribunal:






(1)


dismisses the action as being manifestly inadmissible;










(2)


orders Mr Sevenier to pay the costs;










(3)


declares that there is no need to adjudicate on the application for leave to intervene;










(4)


orders the Council of the European Union to bear its own costs relating to the application for leave to intervene.






(1)  OJ C 247 of 27.09.2008 p. 25
Case T-219/07: Judgment of the Court of First Instance of 8 July 2009 — DSV Road v Commission (Customs union — Importation of diskettes originating in Thailand — Post-clearance recovery of import duties — Application for remission of import duties — Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92)
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Thailand, computer equipment, customs union, import, indemnification








C_2009205EN.01003301.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/33





Judgment of the Court of First Instance of 8 July 2009 — DSV Road v Commission
(Case T-219/07) (1)

(Customs union - Importation of diskettes originating in Thailand - Post-clearance recovery of import duties - Application for remission of import duties - Articles 220(2)(b) and 239 of Regulation (EEC) No 2913/92)
2009/C 205/58
Language of the case: Dutch

Parties


Applicant: DSV Road NV (Puurs, Belgium) (represented by: A. Poelmans, A. Calewaert and R. de Wit, lawyers)

Defendant: Commission of the European Communities (represented by: M. Konstantinidis and S. Schønberg, Agents, assisted by F. Tuytschaever, lawyer)

Re:

Application for annulment of the Commission decision of 24 April 2007 informing the Belgian authorities that they may proceed with post-clearance recovery of import duties on diskettes originating in Thailand and that there are no grounds for granting remission of those duties (file reference REC 05/02).

Operative part of the judgment

The Court:






1.


Dismisses the application;










2.


Orders DSV Road NV to pay the costs.






(1)  OJ C 211, 8.9.2007.
Notice concerning the application between the European Community and the Swiss Confederation of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, by virtue of Article 44(3) of the Agreement
Date: 2009-07-08
Institutions: Council of the European Union
Subjects: Switzerland, administrative cooperation, application of EU law, cooperation agreement, fraud, fraud against the EU, judicial cooperation








L_2009177EN.01000702.xml










8.7.2009   


EN


Official Journal of the European Union


L 177/7







Notice concerning the application between the European Community and the Swiss Confederation of the Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests, by virtue of Article 44(3) of the Agreement

The Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other illegal activity to the detriment of their financial interests (1), which the Council decided to conclude on 18 December 2008
          (2), is applicable between the European Community and the Swiss Confederation, by virtue of Article 44(3) of the Agreement, since 8 April 2009.


(1)  
            OJ L 46, 17.2.2009, p. 8.

(2)  
            OJ L 46, 17.2.2009, p. 6.
Proposal for a Council Decision Amending Council Decision of 20 January 2009 providing Community medium term financial assistance for Latvia
Date: 2009-07-08
Institutions: European Commission
Subjects: EU aid, EU financial instrument, EU programme, European social policy, Latvia, economic aid, economic recession, economic stabilisation, economic support

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.7.2009 
COM(2009) 365 final 

Proposal for a 

COUNCIL DECISION 

Amending Council decision of 20 January 2009 providing Community medium term 
financial assistance for Latvia 

EN 

   EN 

 
 
 
  
Proposal for a 

COUNCIL DECISION 

Amending Council decision of 20 January 2009 providing Community medium term 
financial assistance for Latvia 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, 

Having regard to Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a 
facility  providing  medium  term  financial  assistance  for  member  States  balance  of  payments 
and in particular Article 5, second subparagraph, in conjunction with Article 8 thereof, 

Having regard to the proposal from the Commission made after consulting the Economic and 
Financial Committee (EFC), 

Whereas: 

(1) 

(2) 

By Decision 2009/289/EC, the Council decided to  grant mutual  assistance to  Latvia. 
By  Decision  2009/290/EC,  the  Council  decided  to  provide  medium  term  financial 
assistance for Latvia.  

The scope and intensity of the financial crisis affecting Latvia calls for a revision of 
the economic policy conditions foreseen for the disbursement of the instalments of the 
Community  financial  assistance  with  a  view  to  taking  into  account  the  fiscal  effects 
entailed by the significant reduction of the GDP.  

(3) 

Council Decision 2009/290/EC should therefore be amended accordingly.  

HAS ADOPTED THIS DECISION: 

Article 1 

Council Decision 2009/290/ EC is hereby amended as follows: 

1. In Article 3(5), point (a) shall be replaced by the following: 

"Implementation  of  a  clearly-set  medium-term  fiscal  program  so  as  to  bring  the  general 
government  deficit  below  the  Treaty  reference  value  of  3%  of  GDP  with  a  timeframe  and 
consolidation path consistent with the Council recommendations to Latvia adopted under the 
excessive deficit procedure". 

EN 

2 

   EN 

 
2. In Article 3(5), point (b) shall be replaced by the following: 

"An  implementation  of  the  budget  for  2009  and  an  adoption  of  the  budget  for  2010  with 
sustainable measures consistent with the consolidation path." 

This decision is addressed to the Republic of Latvia. 

Article 2 

Article 3 

This decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council, 
The President 

EN 

3 

   EN
Case T-226/08: Judgment of the Court of First Instance of 8 July 2009 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (Alaska) (Community trade mark — Invalidity proceedings — Community word mark ALASKA — Absolute ground for refusal — Lack of descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), mineral water, non-alcoholic beverage, trade-mark law








C_2009205EN.01003601.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/36





Judgment of the Court of First Instance of 8 July 2009 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (Alaska)
(Case T-226/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark ALASKA - Absolute ground for refusal - Lack of descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2009/C 205/65
Language of the case: German

Parties


Applicant: Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH (Ebersburg, Germany) (represented by: P. Wadenbach, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Schwarzbräu GmbH (Zusmarshausen, Germany) (represented by: L. Schlarmann, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 April 2008 (Case R 1124/2004-4) concerning invalidity proceedings between Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH and Schwarzbräu GmbH.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mineralbrunnen Rhön-Sprudel Egon Schindel GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);










3.


Orders Schwarzbräu GmbH to bear its own costs.






(1)  OJ C 223, 30.8.2008.
Euro exchange rates
Date: 2009-07-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2009155EN.01001901.xml










8.7.2009   


EN


Official Journal of the European Union


C 155/19





Euro exchange rates (1)

7 July 2009
2009/C 155/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4019




JPY


Japanese yen


133,61




DKK


Danish krone


7,4465




GBP


Pound sterling


0,86380




SEK


Swedish krona


10,9650




CHF


Swiss franc


1,5181




ISK


Iceland króna


 




NOK


Norwegian krone


9,0565




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,882




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,6971




PLN


Polish zloty


4,3740




RON


Romanian leu


4,2117




TRY


Turkish lira


2,1593




AUD


Australian dollar


1,7484




CAD


Canadian dollar


1,6223




HKD


Hong Kong dollar


10,8648




NZD


New Zealand dollar


2,1996




SGD


Singapore dollar


2,0420




KRW


South Korean won


1 784,41




ZAR


South African rand


11,1837




CNY


Chinese yuan renminbi


9,5788




HRK


Croatian kuna


7,3425




IDR


Indonesian rupiah


14 374,43




MYR


Malaysian ringgit


4,9746




PHP


Philippine peso


67,591




RUB


Russian rouble


44,0625




THB


Thai baht


47,794




BRL


Brazilian real


2,7321




MXN


Mexican peso


18,5100




INR


Indian rupee


67,6140






(1)  Source: reference exchange rate published by the ECB.
Case T-545/08: Order of the Court of First Instance of 8 July 2009 — Thoss v Court of Auditors (Action for annulment — Time-limit for bringing an action — Lateness — Absence of excusable error — Manifest inadmissibility)
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: European Court of Auditors, General Court (EU), action for annulment (EU), disclosure of information, limitation of legal proceedings, ordinance








C_2009220EN.01003203.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/32





Order of the Court of First Instance of 8 July 2009 — Thoss v Court of Auditors
(Case T-545/08) (1)

(Action for annulment - Time-limit for bringing an action - Lateness - Absence of excusable error - Manifest inadmissibility)
2009/C 220/68
Language of the case: French

Parties


Applicant: Thérèse Nicole Thoss (Dommeldange, Luxembourg) (represented by: P. Goergen, lawyer)

Defendant: Court of Auditors of the European Communities (represented by: T. Kennedy and J.-M. Stenier, acting as Agents)

Re:

Application for annulment of the decision of the Court of Auditors of 20 March 2006 refusing to allocate to the applicant, the widow of a former Member of the Court of Auditors, a survivor’s pension on the ground that the condition that the couple had to have been married for five years at the time of death has not been satisfied (case registered as F-46/08 and referred by the Civil Service Tribunal).

Operative part of the order







1.


The action is dismissed as manifestly inadmissible.










2.


Mrs Thérèse Nicole Thoss is ordered to pay the costs.






(1)  OJ C 171, 5.7.2008 (formerly Case F-46/08).