do-me/EUR-LEX huggingface dataset:
Case T -309/09: Action brought on 4 August 2009 — Sanyō Denki v OHIM — Telefónica O2 Germany (eneloop)
Date: 2009-08-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), electricity storage device, trade-mark law








C_2009267EN.01006502.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/65





Action brought on 4 August 2009 — Sanyō Denki v OHIM — Telefónica O2 Germany (eneloop)
(Case T -309/09)
2009/C 267/118
Language in which the application was lodged: German

Parties


Applicant: Sanyō Denki Kabushiki Kaisha (Osaka, Japan) (represented by: M. De Zorti, M. Koch and T. Grimm, 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: Telefónica O2 Germany GmbH & Co. OHG (Munich, Germany)

Form of order sought







—


Annul the contested decision of the Second Board of Appeal of OHIM of 6 May 2009 (Case R 794/2008-2);










—


Order OHIM to pay the costs of the proceedings;










—


Order the intervener to pay the costs of the proceedings, including the costs incurred in the appeal procedure.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘eneloop’ for goods in Class 9 (application No 4620225)

Proprietor of the mark or sign cited in the opposition proceedings: Telefónica O2 Germany GmbH & Co. OHG

Mark or sign cited in opposition: Inter alia, the German word mark ‘LOOP’ for goods and services in Classes 9, 38 and 42 (No 30 416 654,5)

Decision of the Opposition Division: Opposition allowed

Decision of the Board of Appeal: Appeal dismissed

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 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 C-311/09: Action brought on 4 August 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-08-04
Institutions: Court of Justice
Subjects: European Commission, Poland, VAT, action for failure to fulfil an obligation, international transport, provision of services, road transport, tax system








C_2009256EN.01001201.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/12





Action brought on 4 August 2009 — Commission of the European Communities v Republic of Poland
(Case C-311/09)
2009/C 256/23
Language of the case: Polish

Parties


Applicant: Commission of the European Communities (represented by: D. Triantafyllou and K. Herrmann, acting as Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by charging VAT for the supply of international road transport services by taxable persons having their seat or permanent place of residence outside Poland in the manner set out in Chapter 13, Paragraph 35(1), (3), (4) and (5), of the Regulation of the Minister for Finance of 27 April 2004, the Republic of Poland has failed to fulfil its obligations under Articles 73, 168 and 273 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax; (1)











—


order the Republic of Poland to pay the costs.





Pleas in law and main arguments

International road transport services are liable to value added tax under the principles defined in Directive 2006/112.
In the Commission’s submission, to charge and calculate VAT on international road transport services supplied by taxable persons having their seat or permanent place of residence outside Poland in the manner set out in Chapter 13, Paragraph 35(1), (3), (4) and (5), of the Regulation of the Minister for Finance of 27 April 2004 is incompatible with Articles 73, 168 and 273 of Directive 2006/112. The incompatibility with Article 73 of Directive 2006/112 consists in the fact that in every case the taxable amount is PLN 285, taking account neither of the actual distance covered in Poland by bus nor of the actual payment due for a particular service supplied. The Polish system for collection of VAT does not allow a taxable person supplying international passenger transport services to deduct the VAT on goods acquired during a given tax period for the purposes of the taxed passenger service supplied (for example on fuel), which is contrary to Article 168 of Directive 2006/112. Furthermore, the Polish system for collection of the VAT is incompatible with Article 273 of the directive because it establishes an obligation for taxable persons to submit a return showing the amount of tax to the customs office at the time when the bus carrying passengers enters Poland and to pay that tax at the customs office ‘as of the moment when the bus carrying passengers enters national territory’, which gives rise to formalities connected with the crossing of frontiers.
In the Commission’s submission, the contested system for collecting and calculating VAT cannot be based on Article 281 or Article 395 of Directive 2006/112.


(1)  OJ 2006 L 347, p. 1.
Non-opposition to a notified concentration (Case COMP/M.5562 — Fortis Private Equity/Kuiken) Text with EEA relevance
Date: 2009-08-04
Institutions: European Commission
Subjects: agricultural production, bank, building industry, construction equipment, economic concentration, exchange of information, financial institution, handling, merger control, small and medium-sized enterprises








C_2009181EN.01000101.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/1





Non-opposition to a notified concentration
(Case COMP/M.5562 — Fortis Private Equity/Kuiken)
(Text with EEA relevance)
2009/C 181/01
On 27 July 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5562. EUR-Lex is the on-line access to the European law.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 August 2009 — Euro exchange rates
Date: 2009-08-04
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest








C_2009181EN.01000501.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/5





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 August 2009
Euro exchange rates (2)

3 August 2009
2009/C 181/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4303




JPY


Japanese yen


135,86




DKK


Danish krone


7,4449




GBP


Pound sterling


0,84920




SEK


Swedish krona


10,2983




CHF


Swiss franc


1,5246




ISK


Iceland króna


 




NOK


Norwegian krone


8,6800




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,695




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,70




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7023




PLN


Polish zloty


4,1088




RON


Romanian leu


4,2030




TRY


Turkish lira


2,0956




AUD


Australian dollar


1,7020




CAD


Canadian dollar


1,5274




HKD


Hong Kong dollar


11,0849




NZD


New Zealand dollar


2,1445




SGD


Singapore dollar


2,0513




KRW


South Korean won


1 745,63




ZAR


South African rand


11,0823




CNY


Chinese yuan renminbi


9,7701




HRK


Croatian kuna


7,3560




IDR


Indonesian rupiah


14 163,96




MYR


Malaysian ringgit


5,0168




PHP


Philippine peso


68,742




RUB


Russian rouble


44,4465




THB


Thai baht


48,652




BRL


Brazilian real


2,6482




MXN


Mexican peso


18,7627




INR


Indian rupee


68,0680






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-08-04
Institutions: European Commission
Subjects: agricultural production, animal production, common customs tariff, customs duties, food production, information, tariff nomenclature








C_2009181EN.01000401.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/4





Explanatory Notes to the Combined Nomenclature of the European Communities
2009/C 181/04
Pursuant to Article 9(1)(a), second indent, 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 395

Between CN Explanatory Note to subheadings 9503 00 41 and 9503 00 49 and CN Explanatory Note to subheadings 9503 00 75 and 9503 00 79 the following text is inserted:

‘9503 00 70   Other toys, put up in sets or outfits

“Sets” of this subheading consist of two or more different types of articles (principally for amusement), put up in the same packing for retail sale without repacking.
Articles of the same subheading, except for items covered by subheadings 9503 00 95 or 9503 00 99 (as these subheadings may include miscellaneous articles of different types), are not to be considered different types of articles.
Apart from the articles forming a set, simple accessories or objects of minor importance intended to be used with the articles (for example, a plastic carrot or a plastic brush for a toy animal) can be present.
By virtue of Note 4 to Chapter 95, this subheading includes sets intended for the amusement of children, consisting of articles of heading 9503 combined with one or more items which, if presented separately, would be classified in other headings, provided that the combinations have the essential character of toys. Examples are:






—


sets consisting of toys in the form of injection moulds and moulds for modelling pastes together with other items such as tubes or tablets of paint, modelling pastes, pencils and chalks,










—


cosmetic sets for children containing articles of heading 9503 combined with preparations of heading 3304.




However, cosmetic sets for children containing preparations of heading 3304 which do not contain any articles of heading 9503 are excluded (heading 3304).
“Outfits” of this subheading consist of two or more different articles put up in the same packing for retail sale, without repacking, and are specific to a particular type of recreation, work, person or profession, such as instructional and educational toys.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2009-08-04
Institutions: European Commission
Subjects: agricultural production, animal production, common customs tariff, customs duties, food production, information, tariff nomenclature








C_2009181EN.01000301.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/3





Explanatory Notes to the Combined Nomenclature of the European Communities
2009/C 181/03
Pursuant to Article 9(1)(a), second indent, 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 91

Between CN Explanatory Note to subheading 2202 10 00 and CN Explanatory Note to subheadings 2202 90 91 to 2202 90 99 the following text is inserted:

‘2202 90 10:   Other non-alcoholic beverages not containing products of headings 0401 to 0404 or fat obtained from products of headings 0401 to 0404

This subheading includes tonic preparations as described in the CN Explanatory Notes to this Chapter, General, second paragraph. Those non-alcoholic beverages, often referred to as food supplements may be based on extracts from plants (including herbs) and containing added vitamins or/and minerals. In general those preparations should maintain general health and well-being; therefore they differ from the flavoured or sweetened waters and other soft drinks of subheading 2202 10 00, referred to in HS Explanatory Notes to heading 2202, paragraph (A).’


Page 91

The following second paragraph is added to the CN Explanatory Note to subheadings 2202 90 91 to 2202 90 99 Other, containing by weight of fat obtained from the products of headings 0401 to 0404:

‘See CN Explanatory Note to subheading 2202 90 10.’



(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Communication from the Commission — Communication in accordance with Article 13(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 renewing the term of office of a member of the Conciliation Body set up in the context of the clearance of the accounts of the Agricultural Funds
Date: 2009-08-04
Institutions: European Commission
Subjects: EU office or agency, aid to agriculture, appointment of staff, common agricultural policy, conciliation procedure (part of ordinary legislative procedure), fund (EU), power of attorney








C_2009181EN.01000201.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/2






COMMUNICATION FROM THE COMMISSION

Communication in accordance with Article 13(2) of Commission Regulation (EC) No 885/2006 of 21 June 2006 renewing the term of office of a member of the Conciliation Body set up in the context of the clearance of the accounts of the Agricultural Funds
2009/C 181/02
The Commission has extended for a period of one year from 1 August 2009 to 31 July 2010 the term of office of a member of the Conciliation Body: Mr Peter BAUMANN.
Case T-310/09: Action brought on 4 August 2009 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING)
Date: 2009-08-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009244EN.01001302.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/13





Action brought on 4 August 2009 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEXING)
(Case T-310/09)
2009/C 244/22
Language of the case: English

Parties


Applicant(s): Fuller & Thaler Asset Management, Inc. (San Mateo, United States) (represented by S. Malynicz, Barrister)

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

Form of order sought







—


Annul the decision of the Grand Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 April 2009 in case R 323/2008-G; and










—


Order the defendant to pay its own costs and those of the applicant





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘BEHAVIOURAL INDEXING’ for goods and services in classes 9 and 36

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation 207/2009 as the Board of Appeal (i) erred in relation to the meaning and syntax of the mark, as well as its aptness or otherwise as an immediate and direct descriptive term for the goods and services in question; (ii) failed to establish facts of its own motion that would show that the Community trade mark concerned was descriptive to the relevant public, even though it correctly concluded that the relevant public was specialised; and (iii) failed to take account of the public interest that underlies this ground for refusal and failed to establish on the evidence that there was, in the relevant specialised sphere, a reasonable likelihood that other traders in that sphere would wish to use the Community trade mark concerned in the future.
Notice of the expiry of certain anti-dumping measures
Date: 2009-08-04
Institutions: European Commission
Subjects: Australia, anti-dumping duty, anti-dumping legislation, anti-dumping measure, originating product, plastics








C_2009181EN.01004101.xml










4.8.2009   


EN


Official Journal of the European Union


C 181/41





Notice of the expiry of certain anti-dumping measures
2009/C 181/08
Further to the publication of a notice of impending expiry (1) following which no request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (2) on protection against dumped imports from countries not members of the European Community.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Polyethylene terephthalate


Australia


Anti-dumping duty


Council Regulation (EC) No 1467/2004 (OJ L 271, 19.8.2004, p. 1) as last amended by Council Regulation (EC) No 2167/2005 (OJ L 345, 28.12.2005, p. 11)


20.8.2009




Australia


Undertaking


Commission Decision No 2004/600/EC (OJ L 271, 19.8.2004, p. 38)






(1)  OJ C 5, 10.1.2009, p. 3.

(2)  OJ L 56, 6.3.1996, p. 1.
Commission Regulation (EC) No 704/2009 of 4 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-08-04
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009203EN.01001401.xml










5.8.2009   


EN


Official Journal of the European Union


L 203/14








            COMMISSION REGULATION (EC) No 704/2009
of 4 August 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 5 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 August 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 


27,8 




XS 


22,4 




ZZ 


25,1 




0707 00 05 


MK 


23,0 




TR 


89,6 




ZZ 


56,3 




0709 90 70 


TR 


100,0 




ZZ 


100,0 




0805 50 10 


AR 


57,6 




UY 


66,6 




ZA 


58,9 




ZZ 


61,0 




0806 10 10 


EG 


163,3 




MA 


135,1 




TR 


155,7 




ZA 


125,8 




ZZ 


145,0 




0808 10 80 


AR 


109,5 




BR 


68,7 




CL 


79,4 




CN 


81,7 




NZ 


95,4 




ZA 


83,1 




ZZ 


86,3 




0808 20 50 


AR 


79,7 




CL 


73,4 




TR 


147,2 




ZA 


102,6 




ZZ 


100,7 




0809 20 95 


TR 


279,8 




US 


318,7 




ZZ 


299,3 




0809 30 


TR 


145,3 




ZZ 


145,3 




0809 40 05 


BA 


39,5 




ZZ 


39,5 






(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’.