do-me/EUR-LEX huggingface dataset:
Case T-270/09: Action brought on 13 July 2009 — PVS v OHIM — MeDiTA Medizinischer Kurierdienst (medidata)
Date: 2009-07-13
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009220EN.01003602.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/36





Action brought on 13 July 2009 — PVS v OHIM — MeDiTA Medizinischer Kurierdienst (medidata)
(Case T-270/09)
2009/C 220/77
Language in which the application was lodged: German

Parties


Applicant: PVS — Privatärztliche Verrechnungsstelle Rhein-Ruhr GmbH (Mühlheim an der Ruhr, Germany) (represented by: F. Lindenberg, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: MeDiTA Medizinische Kurierdienst- u. Handelsg. mbH (Düsseldorf, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of 14 May 2009 in Appeal R 1724/2007-4 and reject the opposition;










—


Order the defendant to bear the costs of the action and of the appeal proceedings;










—


Enter judgment against the defendant without an oral hearing in its absence, in so far as it does not enter a defence in the appropriate form and in accordance within the prescribed time-limit.





Pleas in law and main arguments


Applicant for a Community trade mark: PVS

Community trade mark concerned: the figurative mark ‘medidata’ in the colours blue, grey and white for services in Classes 35, 36, 41, 42 and 44 (Application No 4 495 842)

Proprietor of the mark or sign cited in the opposition proceedings: MeDiTA Medizinische Kurierdienst- u. Handelsg. mbH

Mark or sign cited in opposition: the German word mark ‘MeDiTA’ for services in Classes 35 and 39, whereas the opposition is directed against registration in Class 35

Decision of the Opposition Division: Grant of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the trade marks at issue


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case T-238/09 R: Order of the President of the Court of First Instance of 13 July 2009 — Sniace v Commission (Application for interim measures — State aid — Decision declaring an aid to be incompatible with the common market and ordering its recovery — Application for suspension of operation — Failure to have regard to formal requirements — Inadmissibility)
Date: 2009-07-13
Institutions: Court of First Instance
Subjects: European Commission, General Court (EU), Spain, State aid, common market, control of State aid, ordinance








C_2009220EN.01003301.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/33





Order of the President of the Court of First Instance of 13 July 2009 — Sniace v Commission
(Case T-238/09 R)
(Application for interim measures - State aid - Decision declaring an aid to be incompatible with the common market and ordering its recovery - Application for suspension of operation - Failure to have regard to formal requirements - Inadmissibility)
2009/C 220/69
Language of the case: Spanish

Parties


Applicant: Sniace, SA (Madrid, Spain) (represented by: F.J. Moncholí Fernández, lawyer)

Defendant: Commission of the European Communities (represented by: C. Urraca Caviedes, acting as Agent)

Re:

Application for suspension of the operation of Commission Decision C(2009) 1479 final of 10 March 2009 relating to measure C 5/2000 (ex NN 118/1997) implemented by Spain in favour of Sniace, SA, Torrelavega, Cantabria, and amending Decision 1999/395/EC of 28 October 1998

Operative part of the order







1.


The application for interim measures is dismissed.










2.


Costs are reserved.
Council Regulation (EC) No 617/2009 of 13 July 2009 opening an autonomous tariff quota for imports of high-quality beef
Date: 2009-07-13
Institutions: Council of the European Union
Subjects: beef, certificate of origin, import, import policy, tariff preference, tariff quota, trade policy




L_2009182EN.01000101.xml










15.7.2009   


EN


Official Journal of the European Union


L 182/1








            COUNCIL REGULATION (EC) No 617/2009
of 13 July 2009
         
opening an autonomous tariff quota for imports of high-quality beef


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,


Having regard to the proposal from the Commission,

Whereas:







(1)


In view of the Community interest in developing harmonious trade relations with third countries, provision should be made for opening, as an autonomous measure, a Community import tariff quota of 20 000 tonnes for high-quality fresh, chilled or frozen beef.












(2)


In accordance with Article 144 of 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), read in conjunction with Article 4 of that Regulation, tariff quotas for the products covered by this Regulation are opened and administered by the Commission under detailed rules adopted in accordance with the procedure referred to in Article 195(2) of that Regulation,





HAS ADOPTED THIS REGULATION:



Article 1

1.   An annual Community import tariff quota of 20 000 tonnes, expressed in product weight, with order No 09.4449, is hereby opened for high-quality fresh, chilled or frozen beef falling within CN codes 0201 , 0202 , 0206 10 95  and 0206 29 91 .


2.   The import duties for the quota referred to in paragraph 1 shall be 0 %.


3.   The quota year shall run from 1 July to 30 June.



Article 2
The tariff quota referred to in Article 1 shall be managed by the Commission in accordance with Article 144 and Article 195(2) of Regulation (EC) No 1234/2007.


Article 3
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
It shall apply from 1 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 July 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 299, 16.11.2007, p. 1.
2009/551/EC: Commission Decision of 13 July 2009 fixing the maximum amount of aid granted for the private storage of olive oil under the tendering procedure opened by Regulation (EC) No 542/2009 (notified under document number C(2009) 5715)
Date: 2009-07-13
Institutions: European Commission
Subjects: EU aid, France, Greece, Italy, Portugal, Spain, agricultural production, award of contract, private stock, vegetable oil








L_2009184EN.01001601.xml










16.7.2009   


EN


Official Journal of the European Union


L 184/16








            COMMISSION DECISION
         
of 13 July 2009
         
fixing the maximum amount of aid granted for the private storage of olive oil under the tendering procedure opened by Regulation (EC) No 542/2009
(notified under document number C(2009) 5715)
(Only the French, Greek, Italian, Portuguese and Spanish texts are authentic)
(2009/551/EC)


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), and in particular Article 43(d), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EC) No 542/2009 of 23 June 2009 opening the tendering procedure for aid for private storage of olive oil (2) provides for two tendering sub-periods.












(2)


In accordance with Article 13(1) of Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (3), on the basis of tenders notified by the Member States, the Commission either fixes a maximum amount of the aid or does not fix a maximum amount of the aid.












(3)


On the basis of the tenders submitted in response to the first partial invitation to tender, it is appropriate to fix a maximum amount of the aid for private storage of olive oil for the tendering sub-period ending on 6 July 2009.












(4)


The measures provided for in this Decision are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS DECISION:



Article 1
For the tendering sub-period ending on 6 July 2009 within the tendering procedure opened by Regulation (EC) No 542/2009, the maximum amount of aid for olive oil shall be as set out in the Annex to this Decision.


Article 2
This Decision is addressed to the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic and the Portuguese Republic.




Done at Brussels, 13 July 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ L 161, 24.6.2009, p. 3.

(3)  
            OJ L 223, 21.8.2008, p. 3.




ANNEX






(EUR/tonne/day)




Product


Maximum amount of aid




Extra virgin olive oil


1,3 




Virgin olive oil


1,3
2009/592/EC: Council Decision of 13 July 2009 amending Decision 2009/290/EC of 20 January 2009 providing Community medium-term financial assistance for Latvia
Date: 2009-07-13
Institutions: Council of the European Union
Subjects: EU aid, EU financial instrument, EU programme, European social policy, Latvia, economic aid, economic recession, economic stabilisation, economic support








L_2009202EN.01005201.xml










4.8.2009   


EN


Official Journal of the European Union


L 202/52








            COUNCIL DECISION
         
of 13 July 2009
         
amending Decision 2009/290/EC of 20 January 2009 providing Community medium-term financial assistance for Latvia
(2009/592/EC)


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 balances of payments (1) 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)


By Decision 2009/289/EC (2), the Council decided to grant mutual assistance to Latvia. By Decision 2009/290/EC (3), the Council decided to provide medium-term financial assistance for Latvia.












(2)


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)


Decision 2009/290/EC should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2009/290/EC is hereby amended as follows:






1.


Article 3(5)(a) shall be replaced by the following:






‘(a)


implementation of a clearly-set medium-term fiscal programme 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 recommendation(s) to Latvia adopted under the excessive deficit procedure;’;














2.


Article 3(5)(b) shall be replaced by the following:






‘(b)


implementation of the budget for 2009 and adoption of the budget for 2010 with sustainable measures consistent with the consolidation path;’.










Article 2
This Decision is addressed to the Republic of Latvia.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 13 July 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 53, 23.2.2002, p. 1.

(2)  
            OJ L 79, 25.3.2009, p. 37.

(3)  
            OJ L 79, 25.3.2009, p. 39.
2009/549/EC: Commission Decision of 13 July 2009 nominating a public policy member of the Supervisory Board of the European Financial Reporting Advisory Group
Date: 2009-07-13
Institutions: European Commission
Subjects: Community body, access to information, accounting, advisory committee (EU), appointment of members, disclosure of information, public authorities, public institution








L_2009182EN.01006301.xml










15.7.2009   


EN


Official Journal of the European Union


L 182/63








            COMMISSION DECISION
         
of 13 July 2009
         
nominating a public policy member of the Supervisory Board of the European Financial Reporting Advisory Group
(2009/549/EC)


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Whereas:







(1)


In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), an accounting technical committee should provide support and expertise to the Commission in the assessment of international accounting standards. The role of that accounting technical committee is fulfilled by the European Financial Reporting Advisory Group (EFRAG).












(2)


EFRAG was founded in 2001 by European organisations representing issuers, investors and the accountancy profession involved in the financial reporting process.












(3)


Following the reforms of EFRAG’s governance structure, EFRAG’s Supervisory Board includes four public policy members specifically selected on the basis of their experience in public policy making at either national or European level. In accordance with Section 3.2 of Appendix 1 to the EFRAG Statues effective from 11 June 2009, it is for the Commission to nominate those public policy members. EFRAG’s Supervisory Board members are appointed by EFRAG’s General Assembly.












(4)


After a public call for applications (2) the Commission has selected one candidate to be nominated as public policy member of EFRAG’s Supervisory Board,





HAS DECIDED AS FOLLOWS:



Sole Article
The Commission hereby nominates Mr Pedro SOLBES to be appointed as public policy member of the Supervisory Board of the European Financial Reporting Advisory Group.




Done at Brussels, 13 July 2009.


For the Commission

Charlie McCREEVY
            

Member of the Commission






(1)  
            OJ L 243, 11.9.2002, p. 1.

(2)  
            OJ C 74, 28.3.2009, p. 61.
Commission Regulation (EC) No 615/2009 of 13 July 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-07-13
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009181EN.01001401.xml










14.7.2009   


EN


Official Journal of the European Union


L 181/14








            COMMISSION REGULATION (EC) No 615/2009
of 13 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 14 July 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 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 


35,0 




ZZ 


35,0 




0707 00 05 


TR 


102,6 




ZZ 


102,6 




0709 90 70 


TR 


103,0 




ZZ 


103,0 




0805 50 10 


AR 


61,1 




TR 


53,0 




ZA 


66,7 




ZZ 


60,3 




0808 10 80 


AR 


80,2 




BR 


76,0 




CL 


83,0 




CN 


91,0 




NZ 


97,1 




US 


99,3 




ZA 


83,8 




ZZ 


87,2 




0808 20 50 


AR 


74,9 




CL 


85,2 




NZ 


87,2 




ZA 


104,7 




ZZ 


88,0 




0809 10 00 


HR 


90,0 




TR 


200,7 




XS 


103,5 




ZZ 


131,4 




0809 20 95 


TR 


276,4 




ZZ 


276,4 




0809 30 


TR 


134,2 




ZZ 


134,2 






(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’.