do-me/EUR-LEX huggingface dataset:
Case T-307/09: Action brought on 6 August 2009 — Earle Beauty v OHIM (NATURALLY ACTIVE)
Date: 2009-08-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009244EN.01001301.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/13





Action brought on 6 August 2009 — Earle Beauty v OHIM (NATURALLY ACTIVE)
(Case T-307/09)
2009/C 244/21
Language of the case: English

Parties


Applicant(s): Liz Earle Beauty Co. Ltd (Ryde, United Kingdom) (represented by M. Cover, Solicitor)

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

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 11 May 2009 in case R 27/2009-2 and declare that the Community trade mark concerned can proceed to publication and registration; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘NATURALLY ACTIVE’ for goods and services in classes 3, 5, 16, 18, 35 and 44

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)(b) of Council Regulation 40/94 (which became Article 7(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that the phrase ‘Naturally Active’ was normal in the English language and was therefore a laudatory term that could be easily understood by the general public, thus having no inherent distinctiveness; infringement of Article 7(3) of Council Regulation 40/94 (which became Article 7(3) of Council Regulation 207/2009) as the Board of Appeal: (i) was incorrect to find that the trade mark concerned had not become distinctive through use; and (ii) appears to have not given due weight to the objective evidence provided by the applicant and therefore did not have good and adequate reasons for their finding in relation to this legal provision; infringement of Article 7(2) of Council Regulation 40/94 (which became Article 7(2) of Council Regulation 207/2009) as the Board of Appeal was wrong to apply the test for this legal provision, in relation to their findings for Article 7(3) of Council Regulation 40/94, to all Member States of the EU, instead of applying the relevant test only to Member States which are predominantly English speaking.
Euro exchange rates
Date: 2009-08-06
Institutions: European Commission
Subjects: euro, exchange rate








C_2009184EN.01000101.xml










6.8.2009   


EN


Official Journal of the European Union


C 184/1





Euro exchange rates (1)

5 August 2009
2009/C 184/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4410




JPY


Japanese yen


137,38




DKK


Danish krone


7,4450




GBP


Pound sterling


0,84695




SEK


Swedish krona


10,2683




CHF


Swiss franc


1,5316




ISK


Iceland króna


 




NOK


Norwegian krone


8,6685




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,945




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


267,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,1005




RON


Romanian leu


4,2045




TRY


Turkish lira


2,1019




AUD


Australian dollar


1,7080




CAD


Canadian dollar


1,5507




HKD


Hong Kong dollar


11,1678




NZD


New Zealand dollar


2,1347




SGD


Singapore dollar


2,0653




KRW


South Korean won


1 762,11




ZAR


South African rand


11,3966




CNY


Chinese yuan renminbi


9,8433




HRK


Croatian kuna


7,3383




IDR


Indonesian rupiah


14 279,88




MYR


Malaysian ringgit


5,0399




PHP


Philippine peso


68,976




RUB


Russian rouble


44,8946




THB


Thai baht


48,980




BRL


Brazilian real


2,6141




MXN


Mexican peso


18,9082




INR


Indian rupee


68,3320






(1)  Source: reference exchange rate published by the ECB.
Case T-314/09: Action brought on 6 August 2009 — Intercéréales and Grossi v Commission
Date: 2009-08-06
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), aid to agriculture, interpretation of the law, marketing, production aid, professional association, research and development, restriction on competition, social-security contribution, technical cooperation








C_2009244EN.01001402.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/14





Action brought on 6 August 2009 — Intercéréales and Grossi v Commission
(Case T-314/09)
2009/C 244/24
Language of the case: French

Parties


Applicants: Intercéréales (Paris, France) and Alain Grossi (Nîmes, France) (represented by: B. Le Bret and L. Olza Moreno, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the contested decision;










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

By the present action the applicants seek the annulment of Commission Decision C(2008) 7846 final (1) of 10 December 2008 in which the Commission found that the umbrella scheme likely to be run by the inter-branch organisations of French farmers (organisations interprofessionnelles agricoles françaises), consisting in aids for technical assistance; for the production and marketing of high-quality agricultural products; for research and development, and for advertising which promotes primary producers and undertakings active in the processing and marketing of agricultural products, financed by voluntary levies made compulsory by way of ministerial decree, levied on members of those inter-branch organisations, constitutes State aid which is compatible with the common market.
The pleas and principal submissions relied upon by the applicants are substantially the same as, or similar to, those put forward in the context of Case T-293/09 CNIEL v Commission.


(1)  OJ 2009 C 116, p. 14
Commission Regulation (EC) No 722/2009 of 6 August 2009 concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009
Date: 2009-08-06
Institutions: European Commission
Subjects: CCT duties, Portugal, award of contract, import, maize, tariff reduction, third country








L_2009205EN.01002001.xml










7.8.2009   


EN


Official Journal of the European Union


L 205/20








            COMMISSION REGULATION (EC) No 722/2009
of 6 August 2009
         
concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 677/2009


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(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Portugal from third countries was opened by Commission Regulation (EC) No 677/2009 (2).












(2)


Under Article 8 of 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) the Commission, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award.












(3)


On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed.












(4)


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





HAS ADOPTED THIS REGULATION:



Article 1
No award shall be made for the tenders lodged from 28 July to 6 August 2009 under the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 677/2009.


Article 2
This Regulation shall enter into force on 7 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 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 196, 28.7.2009, p. 7.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case T-313/09: Action brought on 6 August 2009 — Onidol v Commission
Date: 2009-08-06
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), aid to agriculture, interpretation of the law, marketing, production aid, professional association, research and development, restriction on competition, social-security contribution, technical cooperation








C_2009244EN.01001401.xml










10.10.2009   


EN


Official Journal of the European Union


C 244/14





Action brought on 6 August 2009 — Onidol v Commission
(Case T-313/09)
2009/C 244/23
Language of the case: French

Parties


Applicant: Organisation nationale interprofessionnelle des graines et fruits oléagineux (Onidol) (Paris, France) (represented by: B. Le Bret et L. Olza Moreno, lawyers)

Defendant: Commission of the European Communities

Form of order sought







—


annul the contested decision










—


order the Commission to pay the costs.





Pleas in law and main arguments

By the present action, the applicant seeks annulment of Commission Decision C(2008) 7846 final () of 10 December 2008, by which the Commission held that the framework system of actions able to be undertaken by the French agricultural interprofessional organisations, consisting of aid for technical assistance, for production and marketing of high-quality agricultural products, for research and development and for advertising in favour of primary producers and undertakings active in the processing and marketing of agricultural products, financed by voluntary levies made compulsory by interministerial order taken from the members of those interprofessional organisations constitutes State aid compatible with the common market.






—


The pleas and main arguments put forward by the applicant are essentially identical or similar to those put forward in Case T-293/09 CNIEL v Commission.
Corrigendum to Commission Regulation (EC) No 649/2009 of 23 July 2009 adapting certain fish quotas for 2009 in the context of the year-to-year management of fishing quotas ( OJ L 192, 24.7.2009 )
Date: 2009-08-06
Institutions: European Commission
Subjects: authorised catch, catch quota, common fisheries policy, fishery management, fishery resources, fishing regulations, fishing rights








L_2009204EN.01004401.xml










6.8.2009   


EN


Official Journal of the European Union


L 204/44







Corrigendum to Commission Regulation (EC) No 649/2009 of 23 July 2009 adapting certain fish quotas for 2009 in the context of the year-to-year management of fishing quotas
(
Official Journal of the European Union L 192 of 24 July 2009
)

On page 22, in the Annex, row ESP, ALF/3X14- Alfonsinos, headed column ‘Revised quota 2009’:
for:

               ‘
               74
               ’,
read:

               ‘
               76
               ’.
Commission Regulation (EC) No 721/2009 of 6 August 2009 concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 676/2009
Date: 2009-08-06
Institutions: European Commission
Subjects: CCT duties, Spain, award of contract, import, maize, tariff reduction, third country








L_2009205EN.01001901.xml










7.8.2009   


EN


Official Journal of the European Union


L 205/19








            COMMISSION REGULATION (EC) No 721/2009
of 6 August 2009
         
concerning tenders lodged under the invitation to tender for the import of maize issued in Regulation (EC) No 676/2009


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(1) in conjunction with Article 4 thereof,

Whereas:







(1)


An invitation to tender for the maximum reduction in the duty on maize imported into Spain from third countries was opened by Commission Regulation (EC) No 676/2009 (2).












(2)


Under Article 8 of 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) the Commission, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, may decide to make no award.












(3)


On the basis of the criteria laid down in Articles 7 and 8 of Regulation (EC) No 1296/2008 a maximum reduction in the duty should not be fixed.












(4)


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





HAS ADOPTED THIS REGULATION:



Article 1
No award shall be made for the tenders lodged from 28 July to 6 August 2009 under the invitation to tender for the reduction in the duty on imported maize issued in Regulation (EC) No 676/2009.


Article 2
This Regulation shall enter into force on 7 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 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 196, 28.7.2009, p. 6.

(3)  
            OJ L 340, 19.12.2008, p. 57.
Case C-313/09: Action brought on 6 August 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-08-06
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, animal disease, aquaculture, disease prevention, freshwater fish, health control, health legislation, national implementing measure








C_2009256EN.01001202.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/12





Action brought on 6 August 2009 — Commission of the European Communities v Republic of Austria
(Case C-313/09)
2009/C 256/24
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: F. Erlbacher and M. Adam, acting as Agents)

Defendant: Republic of Austria

Form of order sought







—


Declare that, by failing to adopt, in full, the laws, regulations and administrative provisions necessary to implement Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (1) (as amended by Commission Directive 2008/53/EC of 30 April 2008 amending Annex IV to Council Directive 2006/88/EC as regards Spring viraemia of carp (SVC) (2)) or by failing to notify the Commission thereof, the Republic of Austria has failed to fulfil its obligations under that directive;










—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

The period prescribed for implementation of the directive expired on 1 May 2008.


(1)  OJ 2006 L 328, p. 14.

(2)  OJ 2008 L 117, p. 27.
Notification by the Czech Republic concerning visa reciprocity
Date: 2009-08-06
Institutions: European Commission
Subjects: Canada, Czechia, EU national, EU visa policy, admission of aliens, passport








C_2009184EN.01000201.xml










6.8.2009   


EN


Official Journal of the European Union


C 184/2





Notification by the Czech Republic concerning visa reciprocity (1)

2009/C 184/02

Ambassador Milena Vicenová


Permanent Representative of the Czech Republic to the EU

Brussels, 14 July 2009
Ref. No 3638/2009-SZEU/JAV
The Permanent Representation of the Czech Republic to the EU presents its compliments to the General Secretariat of the Council of the European Union and has the honour to express its appreciation for the General Secretariat of the Council of the European Union once again for its continued cooperation and support on various matters related to the everyday conduct of duties of the Permanent Representation. In view of the amicable and working atmosphere existing between the General Secretariat of the Council of the European Union and the Permanent Representation, the latter wishes to use this opportunity to bring to the attention of the General Secretariat of the Council of the European Union the following issue.
On the basis of Article 1 paragraph 4 of Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement amended by Council Regulation (EC) No 851/2005 of 2 June 2005, the Czech Republic notifies Canada as the country which as of 14 July 2009 unilaterally applies the visa regime to the nationals of the Czech Republic, holders of the Czech passport(s), despite of the fact the Czech Republic being the Member State of the EU since 1 May 2004.
Since the visa reciprocity is considered to be a very sensitive issue even on the top political level, the Czech Republic believes that the appropriate measures will be taken to reassure that all EU citizens on one side and the citizens of Canada on the other side will enjoy the same equal and reciprocal regime when crossing the respective borders.
The Permanent Representation of the Czech Republic to the European Union avails itself of this opportunity to renew to the Council of the European Union the assurances of its highest consideration.






 



Mr Javier SOLANA

Secretary-General/High Representative
General Secretariat of the Council of the European Union
Council of the European Union










 



Mr Jacques BARROT

Vice President
Commissioner for Justice, Liberty and Security
European Commission










 



Christian DANIELSSON

Ambassador/Permanent Representative
The Permanent Representation of Sweden to the European Union






(1)  This notification is published in conformity with Article 1(4) of Council Regulation (EC) No 539/2001 of 15 March 2001 (OJ L 81, 21.3.2001, p. 1).