do-me/EUR-LEX huggingface dataset:
Case T-33/06: Judgment of the Court of First Instance of 8 July 2009 — Zenab v Commission (Community financial support — Programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus) — Call for proposals — Rejection of the proposal — Alleged unlawful delegation of powers which have been transferred to the Commission — Manifest errors of assessment — Obligation to state reasons — Access to documents — Action for annulment and for compensation)
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: EU financing, EU programme, European Commission, General Court (EU), audiovisual programme, indemnification








C_2009205EN.01003202.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/32





Judgment of the Court of First Instance of 8 July 2009 — Zenab v Commission
(Case T-33/06) (1)

(Community financial support - Programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus) - Call for proposals - Rejection of the proposal - Alleged unlawful delegation of powers which have been transferred to the Commission - Manifest errors of assessment - Obligation to state reasons - Access to documents - Action for annulment and for compensation)
2009/C 205/57
Language of the case: French

Parties


Applicant: Zenab SPRL (Brussels, Belgium) (represented by: J. Windey and P. De Bandt, lawyers)

Defendant: Commission of the European Communities (represented by: J.-P. Keppenne and L. Pignataro-Nolin, acting as Agents)

Re:

Action, first, for annulment of the Commission’s Decision of 9 November 2005 with reference number 648599 and, secondly, for a finding that the European Community is non-contractually liable, for an order that the Commission should pay to the applicant the sum of EUR 37 807 as compensation for the costs incurred in the context of the call for proposals, the amount of the non-material loss because of damage to reputation and the amount of the material loss resulting from the delay in the implementation of the EuroVOD project, and for the appointment of an expert to assess that loss

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Zenab SPRL to pay the costs.






(1)  OJ C 74, 25.3.2006.
Prior notification of a concentration (Case COMP/M.5570 — Platinum/Delphi) Text with EEA relevance
Date: 2009-07-08
Institutions: European Commission
Subjects: economic concentration, electro-magnetic equipment, exchange of information, intelligent transport system, investment, merger control, motor vehicle industry, satellite navigation








C_2009155EN.01002401.xml










8.7.2009   


EN


Official Journal of the European Union


C 155/24





Prior notification of a concentration
(Case COMP/M.5570 — Platinum/Delphi)
(Text with EEA relevance)
2009/C 155/07






1.


On 30 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 undertaking Platinum Equity LLC (‘Platinum’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking Delphi Corporation (‘Delphi’, USA) by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for undertaking Platinum: private equity,










—


for undertaking Delphi: manufacture of mobile electronics and transportation systems for the automotive industry.














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.










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.5570 — Platinum/Delphi, 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.
Case T-230/07: Judgment of the Court of First Instance of 8 July 2009 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E) (Community trade mark — Opposition proceedings — Application for Community word mark ESTER-E — Earlier Community figurative mark ESTER-E — Relative ground for refusal — No likelihood of confusion — 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), research body, trade-mark law








C_2009205EN.01003302.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 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E)
(Case T-230/07) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ESTER-E - Earlier Community figurative mark ESTER-E - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
2009/C 205/59
Language of the case: English

Parties


Applicant: Laboratorios Del Dr. Esteve SA (Barcelona (Spain)) (represented by: K. Manhaeve, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: The Ester C Company (Prescott, Arizona, United States) (represented by: initially R. Bird, Solicitor, and subsequently by H. Wistam, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006-2) concerning opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Laboratorios Del Dr. Esteve, SA to pay the costs.






(1)  OJ C 199, 25.8.2007.
Case T-182/08: Judgment of the Court of First Instance of 8 July 2009 — Commission v Atlantic Energy (Arbitration clause — Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy — Failure to comply with the contract — Reimbursement of sums advanced — Statutory set-off — Procedure for judgment by default)
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: EU financing, European Commission, General Court (EU), electrical energy, energy industry, energy production, redemption, termination of a contract








C_2009205EN.01003501.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/35





Judgment of the Court of First Instance of 8 July 2009 — Commission v Atlantic Energy
(Case T-182/08) (1)

(Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default)
2009/C 205/63
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: initially A.-M. Rouchaud-Joët and S. Lejeune, and subsequently A.-M. Rouchaud-Joët and F. Mirza, Agents, and M. Jarvis, Barrister)

Defendant: Atlantic Energy Ltd (Truro, Cornwall, United Kingdom)

Re:

Action brought by the Commission under Article 238 EC for reimbursement of an advance paid by the European Community, together with interest, under contract BU 183/95 UK/AT.

Operative part of the judgment

The Court:






1.


Orders Atlantic Energy Ltd to reimburse to the Commission of the European Communities the principal sum of EUR 226 010, together with the interest provided for under Article 23.1 of the general conditions of contract BU 183/95 UK/AT in respect of the periods between 1 June 1996 and 28 February 2002 and between 16 July 2002 and 31 May 2008, less the sum of EUR 3 610,53, the final sum being increased by the interest provided for under the abovementioned Article 23.1 of the general conditions as from 1 June 2008 until the debt is discharged in full.










2.


Orders Atlantic Energy to pay the costs.






(1)  OJ C 171, 5.7.2008.
Commission Regulation (EC) No 588/2009 of 8 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-08
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009178EN.01000101.xml










9.7.2009   


EN


Official Journal of the European Union


L 178/1








            COMMISSION REGULATION (EC) No 588/2009
of 8 July 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 9 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 2009.


For the Commission

Jean-Luc DEMARTY
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MK 


45,7 




TR 


44,0 




ZZ 


44,9 




0707 00 05 


TR 


108,0 




ZZ 


108,0 




0709 90 70 


TR 


98,8 




ZZ 


98,8 




0805 50 10 


AR 


49,8 




MK 


25,1 




TR 


41,9 




ZA 


64,1 




ZZ 


45,2 




0808 10 80 


AR 


88,0 




BR 


73,7 




CL 


89,2 




CN 


91,1 




NZ 


98,8 




US 


105,3 




UY 


116,5 




ZA 


87,6 




ZZ 


93,8 




0808 20 50 


AR 


76,9 




CL 


89,8 




NZ 


161,4 




ZA 


103,2 




ZZ 


107,8 




0809 10 00 


TR 


202,4 




XS 


116,3 




ZZ 


159,4 




0809 20 95 


TR 


284,2 




ZZ 


284,2 




0809 30 


TR 


151,2 




ZZ 


151,2 




0809 40 05 


IL 


160,5 




ZZ 


160,5 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case T-240/08: Judgment of the Court of First Instance of 8 July 2009 — Procter & Gamble v OHIM — Laboratorios Alcala Farma (oli) (Community trade mark — Opposition proceedings — Application for the figurative Community mark oli — Earlier Community word marks OLAY — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 [now Article 8(1)(b) of Regulation (EC) No 207/2009])
Date: 2009-07-08
Institutions: Court of First Instance
Subjects: Civil Service Tribunal, EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, trade-mark law








C_2009205EN.01003602.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 — Procter & Gamble v OHIM — Laboratorios Alcala Farma (oli)
(Case T-240/08) (1)

(Community trade mark - Opposition proceedings - Application for the figurative Community mark oli - Earlier Community word marks OLAY - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 [now Article 8(1)(b) of Regulation (EC) No 207/2009])
2009/C 205/66
Language of the case: English

Parties


Applicant: The Procter & Gamble Company (Cincinnati, Ohio, United States) (represented by: T. Scourfield, N. Beckett, Solicitors and A. Speck, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Laboratorios Alcala Farma SL (Madrid, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2008 (Case R 1481/2007-2), relating to opposition proceedings between The Procter & Gamble Company and Laboratorios Alcala Farma, SL

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders The Procter & Gamble Company to pay the costs.






(1)  OJ C 209, 15.8.2008.
Information relating to the entry into force of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances
Date: 2009-07-08
Institutions: Council of the European Union
Subjects: application of EU law, disclosure of information, drug traffic, export monitoring, psychotropic substance, surveillance concerning imports, third country








L_2009177EN.01000701.xml










8.7.2009   


EN


Official Journal of the European Union


L 177/7







Information relating to the entry into force of the Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances

The Agreement between the European Community and the Government of the People’s Republic of China on drug precursors and substances frequently used in the illicit manufacture of narcotic drugs or psychotropic substances (1), will enter into force on 11 July 2009, the procedures provided for in Article 12 of the Agreement having been completed on 12 May 2009.


(1)  
            OJ L 56, 28.2.2009, p. 8.
2009/542/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 8 July 2009 appointing a judge to the Court of Justice of the European Communities
Date: 2009-07-08
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice of the European Union, appointment of members, judge








L_2009181EN.01002601.xml










14.7.2009   


EN


Official Journal of the European Union


L 181/26








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 8 July 2009
         
appointing a judge to the Court of Justice of the European Communities
(2009/542/EC, Euratom)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,


Whereas, pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice and as a result of the resignation of Mr Peter JANN, a judge should be appointed to the Court of Justice of the European Communities for the remainder of Mr Peter JANN’s term of office, which ends on 6 October 2012,

HAVE DECIDED AS FOLLOWS:



Article 1
Ms Maria BERGER is hereby appointed judge to the Court of Justice of the European Communities for the period from 7 October 2009 to 6 October 2012.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 8 July 2009.


The President

C. DANIELSSON
Case T-225/08: 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 figurative 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.01003502.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/35





Judgment of the Court of First Instance of 8 July 2009 — Mineralbrunnen Rhön-Sprudel Egon Schindel v OHIM — Schwarzbräu (ALASKA)
(Case T-225/08) (1)

(Community trade mark - Invalidity proceedings - Community figurative 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 205/64
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 877/2004-4) 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.
Case T-28/08: Judgment of the Court of First Instance of 8 July 2009 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar) (Community trade mark — Invalidity proceedings — Community three-dimensional mark — Shape of a chocolate bar — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) — Right to be heard — Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 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), confectionery product, trade-mark law








C_2009205EN.01003401.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 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar)
(Case T-28/08) (1)

(Community trade mark - Invalidity proceedings - Community three-dimensional mark - Shape of a chocolate bar - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Right to be heard - Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 of Regulation No 207/2009))
2009/C 205/61
Language of the case: English

Parties


Applicant: Mars, Inc. (McLean, Virginia, United States) (represented by: A. Bryson, Barrister, and G. Mills, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: M. Knitter and R. Jacobs, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 October 2007 (Case R 1325/2006-2), relating to invalidity proceedings between Ludwig Schokolade GmbH & Co. KG and Mars, Inc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mars, Inc. to pay the costs.






(1)  OJ C 92, 12.4.2008.
2009/541/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 8 July 2009 appointing a judge to the Court of First Instance of the European Communities
Date: 2009-07-08
Institutions: Representatives of the Governments of the Member States
Subjects: General Court (EU), appointment of members, judge








L_2009181EN.01002501.xml










14.7.2009   


EN


Official Journal of the European Union


L 181/25








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 8 July 2009
         
appointing a judge to the Court of First Instance of the European Communities
(2009/541/EC, Euratom)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,


Whereas, pursuant to Articles 5 and 7, in conjunction with Article 47, of the Protocol on the Statute of the Court of Justice and as a result of the resignation of Mr Daniel ŠVÁBY, a judge should be appointed to the Court of First Instance of the European Communities for the remainder of Mr Daniel ŠVÁBY’s term of office, which ends on 31 August 2010,

HAVE DECIDED AS FOLLOWS:



Article 1
Mr Juraj SCHWARCZ is hereby appointed judge to the Court of First Instance of the European Communities for the period from 7 October 2009 to 31 August 2010.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 8 July 2009.


The President

C. DANIELSSON