do-me/EUR-LEX huggingface dataset:
Case T-265/09: Action brought on 10 July 2009 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER)
Date: 2009-07-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fine, trade-mark law








C_2009205EN.01004602.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/46





Action brought on 10 July 2009 — Serrano Aranda v OHIM — Burg Groep (LE LANCIER)
(Case T-265/09)
2009/C 205/85
Language in which the application was lodged: Spanish

Parties


Applicant: Enrique Serrano Aranda (Murcia, Spain) (represented by: J. Calderón Chavero and T. Villate Consonni, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Burg Groep BV (Bergen, Netherlands)

Form of order sought







—


Annulment of the decision of the First Board of Appeal of OHIM of 27 March 2009 in Case R-366/2008-1.










—


On the basis of that annulment, uphold the opposition and implement the legal consequences arising therefrom by rejecting Community trade mark application 3 343 365 in its entirety.










—


Order OHIM and any intervening parties to pay the costs of these proceedings, should they be opposed, and reject the forms of order which OHIM and the intervening parties seek.





Pleas in law and main arguments


Applicant for a Community trade mark: Burg Groep B.V.

Community trade mark concerned: Figurative mark containing the word component ‘LE LANCIER’ (Application No 3 343 365) for goods in Classes 29 and 30.

Proprietor of the mark or sign cited in the opposition proceedings: Enrique Serrano Aranda.

Mark or sign cited in opposition: Spanish word mark ‘EL LANCERO’ No 838 740 for goods in Class 30; Spanish figurative mark No 941 979 containing the word component ‘EL LANCERO’ for goods in Class 30; Spanish word mark No 943 767‘EL LANCERO’ for goods in Class 31, and Spanish word mark No 1 806 835‘El LANCERO’ for goods in Class 29.

Decision of the Opposition Division: The opposition was rejected.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Misapplication of Article 8(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark.
2009/540/EC: Commission Decision of 10 July 2009 amending Decision 2002/253/EC as regards case definitions for reporting Influenza A(H1N1) to the Community network (notified under document number C(2009) 5465) (Text with EEA relevance)
Date: 2009-07-10
Institutions: European Commission
Subjects: database, disease prevention, epidemiology, health control, health risk, infectious disease, scientific library








L_2009180EN.01002401.xml










11.7.2009   


EN


Official Journal of the European Union


L 180/24








            COMMISSION DECISION
         
of 10 July 2009
         
amending Decision 2002/253/EC as regards case definitions for reporting Influenza A(H1N1) to the Community network
(notified under document number C(2009) 5465)
(Text with EEA relevance)
(2009/540/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and control of communicable diseases in the Community (1), and in particular Article 3(c) thereof,

Whereas:







(1)


According to Article 2 of Commission Decision 2002/253/EC of 19 March 2002 laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (2), the case definitions laid down in Annex to that Decision should be updated to the extent necessary on the basis of the latest scientific data.












(2)


Commission Decision 2009/363/EC of 30 April 2009 amending Decision 2002/253/EC laying down case definitions for reporting communicable diseases to the Community network under Decision No 2119/98/EC of the European Parliament and of the Council (3) introduced a new case definition in relation to the recent outbreak in North America of a new influenza virus and the recent occurrence of cases in several Member States.












(3)


The World Health Organization has in the meantime officially defined the current disease under the wording ‘Influenza A(H1N1)’. It is therefore necessary to update Decision 2002/253/EC in order to use this denomination instead of the name given to this virus by Decision 2009/363/EC.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 7 of Decision No 2119/98/EC,





HAS ADOPTED THIS DECISION:



Article 1
In the Annex to Decision 2002/253/EC, the heading ‘NOVEL INFLUENZA VIRUS A(H1N1) (THE SO-CALLED SWINE INFLUENZA VIRUS A(H1N1) AND MEXICAN INFLUENZA VIRUS) (1)’ is replaced by the heading ‘INFLUENZA A(H1N1)’.


Article 2
This Decision is addressed to the Member States.




Done at Brussels, 10 July 2009.


For the Commission

Androulla VASSILIOU
            

Member of the Commission






(1)  
            OJ L 268, 3.10.1998, p. 1.

(2)  
            OJ L 86, 3.4.2002, p. 44.

(3)  
            OJ L 110, 1.5.2009, p. 58.
Case C-529/08: Order of the President of the Court of 10 July 2009 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Friedrich Schulze, Jochen Kolenda, Helmar Rendenz v Deutsche Lufthansa AG
Date: 2009-07-10
Institutions: Court of Justice
Subjects: air transport, airline, indemnification, interpretation of the law, transport company








C_2009282EN.01003301.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/33





Order of the President of the Court of 10 July 2009 (reference for a preliminary ruling from the Bundesgerichtshof (Germany)) — Friedrich Schulze, Jochen Kolenda, Helmar Rendenz v Deutsche Lufthansa AG
(Case C-529/08) (1)

2009/C 282/59

Language of the case: German

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


(1)  OJ C 44, 21.2.2009.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-07-10
Institutions: European Commission
Subjects: agricultural production, animal production, common customs tariff, customs duties, food production, information, tariff nomenclature








C_2009157EN.01000201.xml










10.7.2009   


EN


Official Journal of the European Union


C 157/2





Explanatory Notes to the Combined Nomenclature of the European Communities
2009/C 157/02
Pursuant to the second indent of Article 9(1)(a) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

Page 33

Between the title of Chapter 4 (DAIRY PRODUCE; BIRDS′ EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWEHERE SPECIFIED OR INCLUDED) and ‘0401’ the following text is inserted:

‘General

Caseinates obtained from milk casein are used, for example, as emulsifiers (sodium caseinate) or source of protein (calcium caseinate). Products containing caseinates in excess of 3 % by weight of the dry matter are excluded from headings 0401 to 0404 as those caseinates do not occur naturally in milk at this level (in particular see heading 1901).’


Page 33

The second paragraph of the CN Explanatory Note to heading ‘0402’ is replaced by the following:

‘Products containing soya lecithin (emulsifier) in excess of 3 % by weight of the dry matter are excluded from this heading.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Case F-67/09: Action brought on 10 July 2009 — Angulo Sanchez v Council
Date: 2009-07-10
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action for annulment (EU), illness, marital status, unpaid leave








C_2009220EN.01004302.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/43





Action brought on 10 July 2009 — Angulo Sanchez v Council
(Case F-67/09)
2009/C 220/90
Language of the case: French

Parties


Applicant: Nicolas Angulo Sanchez (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the defendant’s decisions refusing applications for special leave made by the applicant because of the serious illness of his parents.

Form of order sought







—


annul the Council’s decisions of 8 October and 8 December 2008 refusing the applications for special leave made by the applicant because of the very serious illness of his parents;










—


order the Council of the European Union to pay the costs.
Case T-196/09 R: Order of the President of the Court of First Instance of 10 July 2009 — TerreStar Europe v Commission (Application for interim measures — Decision on the selection of operators of pan-European systems providing mobile satellite services — Application for suspension of operation of the measure and interim relief — No urgency)
Date: 2009-07-10
Institutions: Court of First Instance
Subjects: European Commission, appeal, disclosure of information, infringement of EU law, satellite navigation








C_2009233EN.01001801.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/18





Order of the President of the Court of First Instance of 10 July 2009 — TerreStar Europe v Commission
(Case T-196/09 R)
(Application for interim measures - Decision on the selection of operators of pan-European systems providing mobile satellite services - Application for suspension of operation of the measure and interim relief - No urgency)
2009/C 233/33
Language of the case: English

Parties


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

Defendant: Commission of the European Communities (represented by: G. Braun, A. Nijenhuis, K. Platteau and D. Van Liedekerke, lawyers)

Re:

In essence, application for suspension of operation of Commission Decision 2009/449/EC of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (OJ 2009 L 149, p. 65).

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-416/08 P: Order of the Court (Sixth Chamber) of 10 July 2009 — Apple Computer Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TKS-Teknosoft SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word mark QUARTZ — Opposition by the proprietor of the Community figurative mark QUARTZ — Refusal to register — Similarity between goods — Likelihood of confusion — Appeal clearly inadmissible)
Date: 2009-07-10
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, information technology industry, operating system, software, trade-mark law








C_2009282EN.01001701.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/17





Order of the Court (Sixth Chamber) of 10 July 2009 — Apple Computer Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), TKS-Teknosoft SA
(Case C-416/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word mark QUARTZ - Opposition by the proprietor of the Community figurative mark QUARTZ - Refusal to register - Similarity between goods - Likelihood of confusion - Appeal clearly inadmissible)
2009/C 282/32
Language of the case: English

Parties


Appellant: Apple Computer Inc. (represented by: M. Hart and N. Kearley, Solicitors)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent), TKS-Teknosoft SA

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 1 July 2008 in Case T-328/05 Apple Computer v OHIM, by which the Court dismissed the action brought by the applicant for the figurative mark ‘QUARTZ’ in respect of goods in classe 9 against decision R 416/2004-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 27 April 2005 dismissing the appeal brought against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the proprietor of the Community figurative mark ‘QUARTZ’ in respect of services in classes 9 and 42.

Operative part of the order







1.


The appeal is dismissed.










2.


Apple Computer Inc. shall pay the costs.






(1)  OJ C 301, 22.11.2008.
Case C-259/09: Action brought on 10 July 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2009-07-10
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, action for failure to fulfil an obligation, disclosure of information, waste disposal, waste management








C_2009220EN.01002401.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/24





Action brought on 10 July 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
(Case C-259/09)
2009/C 220/48
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: A. Marghelis, P. Van den Wyngaert, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:







—


Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/21/EC (1) of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries, or in any event, by failing to communicate them to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under the Directive;










—


order the United Kingdom of Great Britain and Northern Ireland to pay the costs.





Pleas in law and main arguments

The period within which the directive had to be transposed expired on 1 May 2008.


(1)  OJ L 102, p. 15
Case T-373/05: Judgment of the Court of First Instance of 10 July 2009 — Italy v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Raw tobacco — Obligation to state reasons — Article 7(4) of Regulation (EC) No 1258/1999)
Date: 2009-07-10
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, European Commission, General Court (EU), Italy, national expenditure, tobacco, tobacco industry








C_2009205EN.01003102.xml










29.8.2009   


EN


Official Journal of the European Union


C 205/31





Judgment of the Court of First Instance of 10 July 2009 — Italy v Commission
(Case T-373/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Raw tobacco - Obligation to state reasons - Article 7(4) of Regulation (EC) No 1258/1999)
2009/C 205/55
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: G. Aiello, avvocato dello Stato)

Defendant: Commission of the European Communities (represented by C. Cattabriga and L. Visaggio, Agents)

Re:

Application for annulment in part of Commission Decision 2005/579/EC of 20 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 199, p. 84), in so far as it excludes certain expenditure incurred by the Italian Republic in the sector of raw tobacco.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Italian Republic to pay the costs.






(1)  OJ C 296, 26.11.2005.
Case C-256/09: Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 10 July 2009 — Bianca Purrucker v Guillermo Vallés Pérez
Date: 2009-07-10
Institutions: Court of Justice
Subjects: EU Member State, Germany, application of EU law, interpretation of the law, matrimonial law, national implementing measure, parental responsibility








C_2009220EN.01002302.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/23





Reference for a preliminary ruling from the Bundesgerichtshof (Germany) lodged on 10 July 2009 — Bianca Purrucker v Guillermo Vallés Pérez
(Case C-256/09)
2009/C 220/46
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Applicant: Bianca Purrucker

Defendant: Guillermo Vallés Pérez

Question referred

Do the provisions of Article 21 et seq. of Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility, repealing Regulation (EC) No 1347/2000 (1) (the Brussels IIa Regulation) concerning the recognition and enforcement of decisions of other Member States, in accordance with Article 2(4) of that regulation, also apply to enforceable provisional measures, within the meaning of Article 20 of that regulation, concerning the right to child custody?


(1)  OJ 2003 L 338, p. 1.
Case T-272/09: Action brought on 10 July 2009 — Pineapple Trademarks v OHIM — Dalmau Salmons (KUSTOM)
Date: 2009-07-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009220EN.01003702.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/37





Action brought on 10 July 2009 — Pineapple Trademarks v OHIM — Dalmau Salmons (KUSTOM)
(Case T-272/09)
2009/C 220/79
Language in which the application was lodged: English

Parties


Applicants: Pineapple Trademarks Pty Ltd (Burleigh Heads, Australia) (represented by: N. Saunders, Barrister)

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

Other party to the proceedings before the Board of Appeal: Angel Custodio Dalmau Salmons (Barcelona, Spain)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 March 2009 in case R 383/2008-1 and remit the application for the Community trade mark to OHIM in order to allow it to proceed; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘KUSTOM’, for goods in classes 18, 25 and 28

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 word mark ‘CUSTO’ for goods in classes 18 and 25

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 207/2009 as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned; Infringement of the rights of defence of the applicant as the Board of Appeal made findings in relation to the aural and conceptual similarity of the trade marks concerned on which the applicant was not given the opportunity to comment and which were unsupported by relevant evidence.
Case C-258/09: Action brought on 10 July 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-07-10
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, environmental protection, greenhouse gas, pollution, water pollution








C_2009220EN.01002303.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/23





Action brought on 10 July 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-258/09)
2009/C 220/47
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro and A. Marghelis, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that, by authorising, in the Walloon Region, the functioning of existing installations which do not comply with the requirements provided for in Articles 3, 7, 9, 10, 13, 14(a) and (b) and 15(2), and that despite the expiry of the 30 October 2007 time-limit, as is provided for in Article 5(1) of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (1), the Kingdom of Belgium has failed to fulfil its obligations under that directive;










—


order the Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The period for ensuring compliance of existing installations, the operation of which is liable to have an effect on emissions into the air, water and soil and on pollution, expired on 30 October 2007, in accordance with Article 5(1) of Directive 2008/1/EC. However, on the date the present action was brought, the defendant had still not taken all the measures necessary to comply with that requirement in the Walloon Region or, in any event, it had failed to inform the Commission thereof.


(1)  OJ 2007 L 24, p. 8.