do-me/EUR-LEX huggingface dataset:
Case T-336/09: Action brought on 25 August 2009 — Häfele v OHIM — Topcom Europe (Topcom)
Date: 2009-08-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), household electrical appliance, trade-mark law








C_2009256EN.01003202.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/32





Action brought on 25 August 2009 — Häfele v OHIM — Topcom Europe (Topcom)
(Case T-336/09)
2009/C 256/57
Language in which the application was lodged: English

Parties


Applicants: Häfele GmbH & Co. KG (Nagold, Germany) (represented by: J. Dönch, lawyer)

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

Other party to the proceedings before the Board of Appeal: Topcom Europe NV (Heverlee, Belgium)

Form of order sought







—


Repeal the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 June 2009 in case R 1500/2008-2; and










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “Topcom”, for goods in classes 7, 9 and 11

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 “TOPCOM” for goods in class 9; Benelux trade mark registration of the word mark “TOPCOM” for goods in class 9.

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal, allowed the opposition and annulled the decision of the Opposition Division

Pleas in law: Infringement of Article 8(1)(b) Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned, due to the fact that the goods in question are not similar nor complementary.
Prior notification of a concentration (Case COMP/M.5589 — Sony/Seiko Epson) Text with EEA relevance
Date: 2009-08-25
Institutions: European Commission
Subjects: audiovisual equipment, distributive trades, economic concentration, electronic equipment, exchange of information, financial services, high-definition television, merger control, screen








C_2009199EN.01001801.xml










25.8.2009   


EN


Official Journal of the European Union


C 199/18





Prior notification of a concentration
(Case COMP/M.5589 — Sony/Seiko Epson)
(Text with EEA relevance)
2009/C 199/09






1.


On 18 August 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Sony Corporation (‘Sony’, Japan) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the small- and medium-sized TFT-LCD business of Seiko Epson Corporation (‘Epson’, Japan) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for Sony: electronic consumer products, including activities in the small- and medium sized LCD segment; games; entertainment; financial services, and a variety of other businesses,










—


for the small- and medium-sized TFT-LCD business of Epson: development, production, marketing, and sale of small- and medium-sized thin film transistor liquid crystal displays.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5589 — Sony/Seiko Epson, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Case C-193/07: Order of the President of the Court of 25 August 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-08-25
Institutions: Court of Justice
Subjects: Poland, action for failure to fulfil an obligation, afforestation, environmental protection, protected area, road building








C_2010011EN.01001902.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/19





Order of the President of the Court of 25 August 2009 — Commission of the European Communities v Republic of Poland
(Case C-193/07) (1)

2010/C 11/32

Language of the case: Polish

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


(1)  OJ C 199, 25.8.2007.
Case C-340/09: Action brought on 25 August 2009 — Commission of the European Communities v Kingdom of Spain
Date: 2009-08-25
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, animal life, protection of animals, trade licence, wildlife, zoo








C_2009256EN.01001502.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/15





Action brought on 25 August 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-340/09)
2009/C 256/29
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and D. Recchia, Agents)

Defendant: Kingdom of Spain

Forms of order sought







—


Declare that the Kingdom of Spain has failed to fulfil its obligations under Article 4(2), (3), (4) and (5) of Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos, (1) in respect of certain zoos in the Autonomous Communities of Aragon, Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castile and Leon, Valencia, Extremadura and Galicia:






—


by failing to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and










—


by failing to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed;














—


order the Kingdom of Spain to pay the costs.





Pleas in law and main arguments

The Commission considers that the Kingdom of Spain:






—


has failed to ensure that, by the date laid down in the Directive, all the zoos in its territory were licensed in accordance with paragraphs 2, 3 and, in the cases of Aragon, Asturias, the Canary Islands, Cantabria and Castile and Leon, 4 of Article 4 of the Directive; and










—


has failed to order the closure of zoos, in accordance with Article 4(5) of the Directive, where they were not licensed.






(1)  OJ 1999 L 94, p. 24.
Non-opposition to a notified concentration (Case COMP/M.5581 — Euroports Holdings/Benelux Port Holdings) Text with EEA relevance
Date: 2009-08-25
Institutions: European Commission
Subjects: economic concentration, exchange of information, freight rate, handling, harbour installation, merger control, provision of services, storage








C_2009199EN.01000601.xml










25.8.2009   


EN


Official Journal of the European Union


C 199/6





Non-opposition to a notified concentration
(Case COMP/M.5581 — Euroports Holdings/Benelux Port Holdings)
(Text with EEA relevance)
2009/C 199/04
On 19 August 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 32009M5581. EUR-Lex is the on-line access to the European law.
Non-opposition to a notified concentration (Case COMP/M.5550 — BP/Dupont/JV) Text with EEA relevance
Date: 2009-08-25
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, extraction of oil, gas industry, marketing, merger control, oil industry, petrochemicals








C_2009199EN.01000501.xml










25.8.2009   


EN


Official Journal of the European Union


C 199/5





Non-opposition to a notified concentration
(Case COMP/M.5550 — BP/Dupont/JV)
(Text with EEA relevance)
2009/C 199/02
On 8 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 32009M5550. EUR-Lex is the on-line access to the European law.
Case T -331/09: Action brought on 25 August 2009 — Novartis v OHIM — Sanochemia Pharmazeutika AG
Date: 2009-08-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, trade-mark law, veterinary drug








C_2009267EN.01007001.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/70





Action brought on 25 August 2009 — Novartis v OHIM — Sanochemia Pharmazeutika AG
(Case T -331/09)
2009/C 267/128
Language in which the application was lodged: German

Parties


Applicant: Novartis AG (Basel, Switzerland) (represented by: N. Hebeis, lawyer)

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

Other part to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG

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 18 June 2009 in Case R 1601/2007-1; and










—


Order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Sanochemia Pharmazeutika AG

Community trade mark concerned: the word mark, ‘TOLPOSAN’ for goods in Class 5 (Registration No 4 134 383)

Proprietor of the mark or sign cited in the opposition proceedings: the applicant

Mark or sign cited in opposition: the international registration of the word mark ‘TONOPAN’ for goods in Class 5 (No 227 508)

Decision of the Opposition Division: Opposition dismissed

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 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).
Euro exchange rates
Date: 2009-08-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2009199EN.01000701.xml










25.8.2009   


EN


Official Journal of the European Union


C 199/7





Euro exchange rates (1)

24 August 2009
2009/C 199/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4323




JPY


Japanese yen


135,57




DKK


Danish krone


7,4431




GBP


Pound sterling


0,86820




SEK


Swedish krona


10,1046




CHF


Swiss franc


1,5184




ISK


Iceland króna


 




NOK


Norwegian krone


8,5845




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,440




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


268,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7005




PLN


Polish zloty


4,1123




RON


Romanian leu


4,2220




TRY


Turkish lira


2,1261




AUD


Australian dollar


1,7032




CAD


Canadian dollar


1,5444




HKD


Hong Kong dollar


11,1013




NZD


New Zealand dollar


2,0865




SGD


Singapore dollar


2,0633




KRW


South Korean won


1 778,25




ZAR


South African rand


11,1195




CNY


Chinese yuan renminbi


9,7845




HRK


Croatian kuna


7,3228




IDR


Indonesian rupiah


14 331,16




MYR


Malaysian ringgit


5,0267




PHP


Philippine peso


69,280




RUB


Russian rouble


45,0410




THB


Thai baht


48,713




BRL


Brazilian real


2,6168




MXN


Mexican peso


18,3342




INR


Indian rupee


69,6310






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EC) No 770/2009 of 25 August 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-08-25
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009223EN.01000101.xml










26.8.2009   


EN


Official Journal of the European Union


L 223/1








            COMMISSION REGULATION (EC) No 770/2009
of 25 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 26 August 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 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 


33,6 




XS 


19,8 




ZZ 


26,7 




0707 00 05 


MK 


33,2 




TR 


103,0 




ZZ 


68,1 




0709 90 70 


TR 


107,8 




ZZ 


107,8 




0805 50 10 


AR 


76,0 




UY 


94,9 




ZA 


67,3 




ZZ 


79,4 




0806 10 10 


EG 


174,8 




IL 


86,7 




TR 


106,8 




ZA 


151,7 




ZZ 


130,0 




0808 10 80 


AR 


114,4 




BR 


61,1 




CL 


82,9 




NZ 


85,6 




US 


95,4 




UY 


42,1 




ZA 


83,2 




ZZ 


80,7 




0808 20 50 


AR 


113,9 




CN 


60,3 




TR 


130,3 




ZA 


102,4 




ZZ 


101,7 




0809 30 


TR 


123,3 




ZZ 


123,3 




0809 40 05 


TR 


90,9 




ZZ 


90,9 






(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’.
Non-opposition to a notified concentration (Case COMP/M.5590 — 3i Group/H.I.G. Capital/Volnay B.V.) Text with EEA relevance
Date: 2009-08-25
Institutions: European Commission
Subjects: Netherlands, advertising, economic concentration, exchange of information, investment company, merger control, press undertaking, private investment, venture capital








C_2009199EN.01000502.xml










25.8.2009   


EN


Official Journal of the European Union


C 199/5





Non-opposition to a notified concentration
(Case COMP/M.5590 — 3i Group/H.I.G. Capital/Volnay B.V.)
(Text with EEA relevance)
2009/C 199/03
On 17 August 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 32009M5590. EUR-Lex is the on-line access to the European law.