do-me/EUR-LEX huggingface dataset:
Case T-291/09: Action brought on 27 July 2009 — Carrols v OHIM — Gambettola (Pollo Tropical CHICKEN ON THE GRILL)
Date: 2009-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, meat product, poultrymeat, trade-mark law








C_2009220EN.01004201.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/42





Action brought on 27 July 2009 — Carrols v OHIM — Gambettola (Pollo Tropical CHICKEN ON THE GRILL)
(Case T-291/09)
2009/C 220/87
Language in which the application was lodged: Spanish

Parties


Applicant: Carrols Corp. (New York, United States) (represented by: I. Temiño Ceniceros, lawyer)

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

Other party to the proceedings before the Board of Appeal: Giulio Gambettola (Los Realejos, Spain)

Form of order sought







—


declare the present action and its annexes admissible;










—


annul the decision of the Board of Appeal in so far as it relates to the grounds for invalidity under Article 52(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘Pollo Tropical CHICKEN ON THE GRILL’ (Application No. 002938801) for goods and services in Classes 25, 41 and 43.

Proprietor of the Community trade mark: Giulio Gambettola.

Applicant for the declaration of invalidity: The applicant.

Trade mark right of applicant for the declaration: National figurative mark (No 2 201 552) containing the word element ‘Pollo Tropical CHICKEN ON THE GRILL’ and the national word mark ‘POLLO TROPICAL’ (No 2 201 543) for services in Class 43 (‘restaurant services’).

Decision of the Cancellation Division: Application for a declaration of invalidity dismissed.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Misinterpretation of Articles 52(1)(b) and 53(1)(a) of Regulation (EC) No 207/2009 on the Community trade mark.
Case C-292/09: Reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy) lodged on 27 July 2009 — Isabella Calestani v Agenzia delle Entrate Ufficio di Parma
Date: 2009-07-27
Institutions: Court of Justice
Subjects: VAT, infringement of EU law, interpretation of the law, tax exemption, tax relief, tax system








C_2009233EN.01001002.xml










26.9.2009   


EN


Official Journal of the European Union


C 233/10





Reference for a preliminary ruling from the Commissione tributaria provinciale di Parma (Italy) lodged on 27 July 2009 — Isabella Calestani v Agenzia delle Entrate Ufficio di Parma
(Case C-292/09)
2009/C 233/17
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Parma

Parties to the main proceedings


Applicant: Isabella Calestani

Defendant: Agenzia delle Entrate Ufficio di Parma

Question referred

Is Article 19(5) of Presidential Decree No 633/72 at variance with Community law and with the principle of the neutrality of VAT, and in particular has Sixth Directive 77/388/EEC of 17 May 1977 been incorrectly transposed in so far as domestic legislation does not provide that VAT is deductible on purchases made by taxable persons whose transactions are exempt?
2009/583/EC,Euratom: Council Decision of 27 July 2009 appointing one Hungarian member of the European Economic and Social Committee
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Hungary, appointment of members








L_2009201EN.01006201.xml










1.8.2009   


EN


Official Journal of the European Union


L 201/62








            COUNCIL DECISION
         
of 27 July 2009
         
appointing one Hungarian member of the European Economic and Social Committee
(2009/583/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,


Having regard to Decision 2006/524/EC, Euratom (1),


Having regard to the proposal of the Hungarian Government,


Having regard to the opinion of the Commission,


Whereas a member’s seat on the European Economic and Social Committee has become vacant following the death of Mr István GARAI,

HAS DECIDED AS FOLLOWS:



Article 1
Mr József NAGY, Various Interest Group (GROUP III), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 207, 28.7.2006, p. 30.
Case C-291/09: Reference for a preliminary ruling from the Rechtbank van Koophandel te Brussel (Belgium) lodged on 27 July 2009 — Francesco Guarnieri & Cie v Vandevelde Eddy VOF
Date: 2009-07-27
Institutions: Court of Justice
Subjects: Belgium, Monaco, guarantee, interpretation of the law, legal action, legal expenses








C_2009267EN.01003103.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/31





Reference for a preliminary ruling from the Rechtbank van Koophandel te Brussel (Belgium) lodged on 27 July 2009 — Francesco Guarnieri & Cie v Vandevelde Eddy VOF
(Case C-291/09)
2009/C 267/56
Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Brussel

Parties to the main proceedings


Applicant: Francesco Guarnieri & Cie

Defendant: Vandevelde Eddy VOF

Question referred

Do Articles 28, 29 and 30 of the Treaty of 25 March 1957 establishing the European Community preclude a claimant of Monegasque nationality, who lodges a claim in Belgium for payment of invoices relating to the delivery of ‘twister-glazen’ (glasses) and tea-lights with accessories, from being required, upon application by a defendant of Belgian nationality, to give security for the costs and damages arising from the proceedings which he may be ordered to pay?
Commission Regulation (EC) No 676/2009 of 27 July 2009 opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries
Date: 2009-07-27
Institutions: European Commission
Subjects: Spain, award of contract, import, maize, originating product, tariff reduction, third country




L_2009196EN.01000601.xml










28.7.2009   


EN


Official Journal of the European Union


L 196/6








            COMMISSION REGULATION (EC) No 676/2009
of 27 July 2009
         
opening an invitation to tender for the reduction in the duty on maize imported into Spain from third countries


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 144 in conjunction with Article 4 thereof,

Whereas:







(1)


In accordance with the Community’s international obligations within the framework of the Uruguay Round multilateral negotiations (2), the Community undertook to import a certain quantity of maize into Spain.












(2)


Commission Regulation (EC) No 1296/2008 of 18 December 2008 laying down detailed rules for the application of tariff quotas for imports of maize and sorghum into Spain and imports of maize into Portugal (3) laid down the specific detailed rules necessary for implementing the invitations to tender.












(3)


In view of the market conditions in Spain, an invitation to tender for the reduction in the import duty on maize should be opened to ensure the import quota is completely used.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1

1.   A tendering procedure is opened for the reduction in the duty referred to in Article 136 of Regulation (EC) 1234/2007 on maize to be imported into Spain.


2.   The provisions of Regulation (EC) No 1296/2008 shall apply.



Article 2
The invitation shall remain open until 17 December 2009. During that period partial invitations to tender shall be issued and the dates for submission of tenders shall be laid down in the notice of invitation to tender.


Article 3
Import licences issued in the context of this invitation to tender shall be valid for 50 days from the date of issue within the meaning of Article 11(4) of Regulation (EC) No 1296/2008.


Article 4
This Regulation shall enter into force on the day of 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, 27 July 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ L 336, 23.12.1994, p. 22.

(3)  
            OJ L 340, 19.12.2008, p. 57.
2009/575/EC,Euratom: Council Decision of 27 July 2009 appointing one Romanian member of the European Economic and Social Committee
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Economic and Social Committee, Romania, appointment of members








L_2009198EN.01005401.xml










30.7.2009   


EN


Official Journal of the European Union


L 198/54








            COUNCIL DECISION
         
of 27 July 2009
         
appointing one Romanian member of the European Economic and Social Committee
(2009/575/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,


Having regard to Decision 2007/3/EC, Euratom (1),


Having regard to the proposal of the Romanian Government,


Having regard to the opinion of the Commission,


Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Mr Marius PETCU,

HAS DECIDED AS FOLLOWS:



Article 1
Mr Sorin Cristian STAN, Employees Group (Group II), is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 1, 4.1.2007, p. 6.
Council Joint Action 2009/572/CFSP of 27 July 2009 amending and extending Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: Georgia, common foreign and security policy, fact-finding mission, international security, political situation, the EU's international role, war




L_2009197EN.01011001.xml










29.7.2009   


EN


Official Journal of the European Union


L 197/110








            COUNCIL JOINT ACTION 2009/572/CFSP
of 27 July 2009
         
amending and extending Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:







(1)


On 15 September 2008, the Council adopted Joint Action 2008/736/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia (1). That Joint Action was subsequently amended by Joint Action 2008/759/CFSP (2) and Joint Action 2009/294/CFSP (3).












(2)


Joint Action 2008/736/CFSP expires on 14 September 2009. The Mission should be extended for an additional period of 12 months until 14 September 2010.












(3)


Joint Action 2008/736/CFSP, as amended, provides for a financial reference amount of EUR 37 100 000 to cover the expenditure related to the Mission until 14 September 2009. The financial reference amount should be increased by EUR 12 500 000 in order to cover the Mission's expenditure until 14 September 2010.












(4)


Joint Action 2008/736/CFSP should be amended accordingly,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Joint Action 2008/736/CFSP is hereby amended as follows:






1.


Article 14(1) shall be replaced by the following:

‘1.   The financial reference amount intended to cover the expenditure related to the Mission shall be EUR 49 600 000.’











2.


Article 18 shall be replaced by the following:

‘Article 18
Entry into force and duration
This Joint Action shall enter into force on the date of its adoption and shall expire on 14 September 2010.’







Article 2
This Joint Action shall enter into force on the date of its adoption.


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




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 248, 17.9.2008, p. 26.

(2)  
            OJ L 259, 27.9.2008, p. 15.

(3)  
            OJ L 79, 25.3.2009, p. 60.
Case T-569/08: Order of the Court of First Instance of 27 July 2009 — Visonic v OHIM — Sedea Electronique (VISIONIC)
Date: 2009-07-27
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electrical equipment, screen, trade-mark law








C_2009256EN.01003702.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/37





Order of the Court of First Instance of 27 July 2009 — Visonic v OHIM — Sedea Electronique (VISIONIC)
(Case T-569/08) (1)

2009/C 256/66

Language of the case: English

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


(1)  C 55, 7.3.2009.
2009/576/EC: Council Decision of 27 July 2009 appointing one UK alternate member of the Committee of the Regions
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Committee of the Regions, United Kingdom, alternate, appointment of members








L_2009198EN.01005501.xml










30.7.2009   


EN


Official Journal of the European Union


L 198/55








            COUNCIL DECISION
         
of 27 July 2009
         
appointing one UK alternate member of the Committee of the Regions
(2009/576/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Government of the United Kingdom,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


An alternate member’s seat on the Committee of the Regions has become vacant following the resignation of Mr Robert NEILL,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
Mr Roger EVANS, Assembly Member for Havering & Redbridge, England (appointed on behalf of Greater London Assembly)


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case C-294/09: Action brought on 27 July 2009 — Commission of the European Communities v Ireland
Date: 2009-07-27
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, fine, limitation of legal proceedings








C_2009220EN.01003001.xml










12.9.2009   


EN


Official Journal of the European Union


C 220/30





Action brought on 27 July 2009 — Commission of the European Communities v Ireland
(Case C-294/09)
2009/C 220/57
Language of the case: English

Parties


Applicant: Commission of the European Communities (represented by: G. Braun, A.-A. Gilly, Agents)

Defendant: Ireland

The applicant claims that the Court should:







—


declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2006/43/EC (1) of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EC and repealing Council Directive 84/253/EEC or, in any event, by failing to communicate them to the Commission, Ireland has failed to fulfil its obligations under the Directive;










—


order Ireland to pay the costs.





Pleas in law and main arguments

The period within which the directive had to be transposed expired on 29 June 2008.


(1)  OJ L 157, p. 87
2009/593/EC: Council Decision of 27 July 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banka Slovenije
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: European Commissioner, Slovenia, accountant, central bank, self-employed person




L_2009202EN.01005301.xml










4.8.2009   


EN


Official Journal of the European Union


L 202/53








            COUNCIL DECISION
         
of 27 July 2009
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Banka Slovenije
(2009/593/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,


Having regard to Recommendation ECB/2009/12 of the European Central Bank of 5 June 2009 to the Council of the European Union on the external auditors of Banka Slovenije (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.












(2)


The mandate of the current external auditor of the Banka Slovenije will end after the audit for the financial year 2008. It is therefore necessary to appoint a new external auditor from the financial year 2009.












(3)


The Banka Slovenije has selected Deloitte revizija d.o.o. as its external auditor for the financial years 2009 to 2011.












(4)


The Governing Council of the ECB recommended that Deloitte revizija d.o.o. should be appointed as the external auditor of the Banka Slovenije for the financial years 2009 to 2011.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,





HAS DECIDED AS FOLLOWS:



Article 1
Article 1(13) of Decision 1999/70/EC shall be replaced by the following:

‘13.   Deloitte revizija d.o.o. is hereby approved as the external auditor of the Banka Slovenije for the financial years 2009 to 2011.’.



Article 2
This Decision shall be notified to the ECB.


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




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ C 132, 11.6.2009, p. 1.

(2)  
            OJ L 22, 29.1.1999, p. 69.
Council Decision 2009/570/CFSP of 27 July 2009 amending and extending Decision 2008/901/CFSP concerning the independent international fact-finding mission on the conflict in Georgia
Date: 2009-07-27
Institutions: Council of the European Union
Subjects: EU financing, Georgia, OSCE, common foreign and security policy, international conflict, settlement of disputes, the EU's international role




L_2009197EN.01010801.xml










29.7.2009   


EN


Official Journal of the European Union


L 197/108








            COUNCIL DECISION 2009/570/CFSP
of 27 July 2009
         
amending and extending Decision 2008/901/CFSP concerning the independent international fact-finding mission on the conflict in Georgia


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 13(3) and Article 23(1) thereof,

Whereas:







(1)


On 1 September 2008, the European Council stated that the European Union is ready to commit itself to support every effort to secure a peaceful and lasting solution to the conflicts in Georgia, and that it is ready to support confidence-building measures.












(2)


On 15 September 2008, the Council supported the idea of an independent international inquiry into the conflict in Georgia, and on 2 December 2008 it adopted Council Decision 2008/901/CFSP (1) concerning an independent international fact-finding mission on the conflict in Georgia, for the period from 2 December 2008 to 31 July 2009.












(3)


On 3 July 2009, the Political and Security Committee recommended that the fact-finding mission be extended for an additional two months,





HAS DECIDED AS FOLLOWS:



Article 1
Decision 2008/901/CFSP is hereby amended as follows:






1.


Article 2(1) shall be replaced by the following:

‘1.   The financial reference amount to cover expenditure relating to the implementation of the fact-finding mission shall be EUR 1 600 000 for the period from 2 December 2008 to 30 September 2009.’











2.


The second subparagraph of Article 5 shall be replaced by the following:
‘It shall apply until 30 September 2009’.






Article 2
This Decision shall take effect on the day of its adoption.


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




Done at Brussels, 27 July 2009.


For the Council


The President

C. BILDT
            





(1)  
            OJ L 323, 3.12.2008, p. 66.