do-me/EUR-LEX huggingface dataset:
Case T-353/09: Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)
Date: 2009-09-04
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), audiovisual equipment, electrical equipment, machine tool, scientific apparatus, trade-mark law








C_2009282EN.01004902.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/49





Action brought on 4 September 2009 — mtronix v OHIM — Growth Finance (mtronix)
(Case T-353/09)
2009/C 282/95
Language in which the application was lodged: German

Parties


Applicant: mtronix OHG (Berlin, Germany) (represented by: M. Schnetzer, 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: Growth Finance AG

Form of order sought







—


annul the contested decision of the Fourth Board of Appeal of OHIM of 23 June 2009 in Case R 1557/2007-4;










—


alter the contested decision so that the opposition of Growth Finance AG is not upheld, in the alternative, that that opposition is dismissed and Application No 4 193 661 for the services in Class 9 is upheld and the application is continued also for that class;










—


order the intervener to pay the costs of the proceedings, including those incurred during the appeal proceedings;










—


in the alternative, order OHIM to pay the costs of the proceedings, including those incurred during the appeal proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: mtronix OHG

Community trade mark concerned: The word mark ‘mtronix’ for goods in Classes 9 and 10 (Application No 4 193 661)

Proprietor of the mark or sign cited in the opposition proceedings: Growth Finance AG

Mark or sign cited in opposition: The word mark ‘Montronix’ for goods and services in Classes 7, 9 and 42 (Community trade mark No 2 762 862), in respect of opposition to the registration for goods in Class 9

Decision of the Opposition Division: Opposition upheld in part

Decision of the Board of Appeal: Appeal partially upheld

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-350/09: Action brought on 4 September 2009 — ICO Satellite v Commission
Date: 2009-09-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, judicial proceedings, ownership, satellite communications, trans-European network, transmission network, waveband








C_2009267EN.01007602.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/76





Action brought on 4 September 2009 — ICO Satellite v Commission
(Case T-350/09)
2009/C 267/137
Language of the case: English

Parties


Applicant: ICO Satellite Ltd (Slough, United Kingdom) (represented by: S. Tupper, Solicitor)

Defendant: Commission of the European Communities

Form of order sought







—


order that Decision No 2009/449/EC of 13 May 2009 on the selection of operators of pan-European Systems providing mobile satellite services (MSS) is void in accordance with the provisions of Articles 230 and 231 EC;










—


order that the costs of the present action be paid by the defendant and any other orders it may deem appropriate.





Pleas in law and main arguments

By means of its application, the applicant seeks the annulment of Commission Decision No 2009/449/EC of 13 May 2009 on the selection of operators of pan-European Systems providing mobile satellite services (“MSS”) (1).
It is submitted that the contested decision has the effect of depriving the applicant of property rights legitimately accrued to it under international law. The applicant further claims that the contested decision is unlawful because the Commission has:






(a)


discriminated against the applicant by involving a former chairman of the Inmarsat Ventures Limited Council (“Inmarsat”) in the decision-making process, thereby infringing essential procedural requirements and breaching the principle of equal treatment; and










(b)


acted unreasonably, by selecting Inmarsat and Solaris Mobile Limited over the applicant when the latter is allegedly in an objectively better position to provide MSS.
According to the applicant, by adopting the contested decision, the defendant has acted disproportionately and in a way which is discriminatory and contrary to the applicant’s legitimate expectations. The applicant further submits that the contested decision also constitutes a violation of its rights to the peaceful enjoyment of its possessions as protected by Article 1 of Protocol 1 to the European Convention of Human Rights (“ECHR”), as well as the right to enjoy its civil rights, including property rights and the right to a fair and public hearing, enshrined in Article 6 of the ECHR.






(1)  2009/449/EC: Commission Decision of 13 May 2009 on the selection of operators of pan-European systems providing mobile satellite services (MSS) (notified under document number C(2009) 3746) (OJ 2009 L 149, p. 65)
Case T-139/07: Order of the Court of First Instance of 4 September 2009 — Pioneer Hi-Bred International v Commission (Approximation of laws — Deliberate release into the environment of genetically modified organisms — Authorisation procedure for placing on the market — Failure by the Commission to submit draft measures to the regulatory committee — Action for failure to act — Action which becomes devoid of purpose in the course of proceedings — No need to adjudicate)
Date: 2009-09-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), drafting of EU law, environmental protection, maize, marketing, transgenic plant








C_2009267EN.01006402.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/64





Order of the Court of First Instance of 4 September 2009 — Pioneer Hi-Bred International v Commission
(Case T-139/07) (1)

(Approximation of laws - Deliberate release into the environment of genetically modified organisms - Authorisation procedure for placing on the market - Failure by the Commission to submit draft measures to the regulatory committee - Action for failure to act - Action which becomes devoid of purpose in the course of proceedings - No need to adjudicate)
2009/C 267/115
Language of the case: English

Parties


Applicant: Pioneer Hi-Bred International, Inc. (Iowa, United States) (represented by: J. Temple Lang, Solicitor)

Defendant: Commission of the European Communities (represented initially by: D. Lawunmi and C. Zadra, and subsequently by P. Oliver and C. Zadra, acting as Agents)

Re:

Application for a declaration under Article 232 EC that, by failing to submit to the regulatory committee, in accordance with Article 5(2) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ 1999 L 184, p. 23), a draft of the measures to be taken with regard to the notification by the applicant relating to the placing on the market of genetically modified maize 1507, the Commission has failed to fulfil its obligations under Article 18(1) of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1).

Operative part of the order







1.


There is no need to adjudicate in the present action.










2.


The Commission of the European Communities shall bear its own costs and pay those incurred by Pioneer Hi-Bred International Inc.






(1)  OJ C 155, 7.7.2007.
Commission Regulation (EC) No 811/2009 of 4 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-04
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009234EN.01000101.xml










5.9.2009   


EN


Official Journal of the European Union


L 234/1








            COMMISSION REGULATION (EC) No 811/2009
of 4 September 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 September 2009.




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


39,0 




ZZ 


39,0 




0707 00 05 


MK 


21,7 




TR 


86,7 




ZZ 


54,2 




0709 90 70 


TR 


108,7 




ZZ 


108,7 




0805 50 10 


AR 


91,3 




TR 


109,0 




UY 


117,8 




ZA 


88,6 




ZZ 


101,7 




0806 10 10 


EG 


145,1 




IL 


143,8 




TR 


101,3 




ZZ 


130,1 




0808 10 80 


AR 


114,2 




BR 


71,4 




CL 


84,8 




NZ 


83,7 




ZA 


83,2 




ZZ 


87,5 




0808 20 50 


AR 


112,9 




CN 


64,7 




TR 


104,0 




ZA 


71,2 




ZZ 


88,2 




0809 30 


TR 


105,1 




ZZ 


105,1 




0809 40 05 


IL 


121,0 




TR 


90,9 




ZZ 


106,0 






(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’.
Case C-531/08: Order of the President of the Court of 4 September 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-09-04
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, company with share capital, cultural policy, disclosure of information, fine, merger








C_2010011EN.01002001.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/20





Order of the President of the Court of 4 September 2009 — Commission of the European Communities v Portuguese Republic
(Case C-531/08) (1)

2010/C 11/36

Language of the case: Portuguese

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


(1)  OJ C 19, 24.1.2009.
Euro exchange rates
Date: 2009-09-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2009209EN.01000601.xml










4.9.2009   


EN


Official Journal of the European Union


C 209/6





Euro exchange rates (1)

3 September 2009
2009/C 209/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4335




JPY


Japanese yen


132,47




DKK


Danish krone


7,4438




GBP


Pound sterling


0,87470




SEK


Swedish krona


10,3138




CHF


Swiss franc


1,5143




ISK


Iceland króna


 




NOK


Norwegian krone


8,6200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,615




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,95




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7027




PLN


Polish zloty


4,1210




RON


Romanian leu


4,2405




TRY


Turkish lira


2,1549




AUD


Australian dollar


1,7037




CAD


Canadian dollar


1,5742




HKD


Hong Kong dollar


11,1108




NZD


New Zealand dollar


2,1025




SGD


Singapore dollar


2,0620




KRW


South Korean won


1 784,75




ZAR


South African rand


11,1046




CNY


Chinese yuan renminbi


9,7915




HRK


Croatian kuna


7,3455




IDR


Indonesian rupiah


14 493,04




MYR


Malaysian ringgit


5,0574




PHP


Philippine peso


69,824




RUB


Russian rouble


45,3400




THB


Thai baht


48,817




BRL


Brazilian real


2,6780




MXN


Mexican peso


19,4120




INR


Indian rupee


70,1200






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5613 — Piraeus Bank/BNP Paribas/Greek JV/Swiss JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-09-04
Institutions: European Commission
Subjects: Greece, bank, economic concentration, exchange of information, financial institution, heritage protection, investment transaction, merger control








C_2009209EN.01000701.xml










4.9.2009   


EN


Official Journal of the European Union


C 209/7





Prior notification of a concentration
(Case COMP/M.5613 — Piraeus Bank/BNP Paribas/Greek JV/Swiss JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 209/05






1.


On 25 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 Piraeus Bank SA (‘Piraeus Bank’, Greece) and BNP Paribas SA (‘BNPP’, France) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertakings Piraeus Wealth Management AEPEY (‘Greek JV’, Greece) and Piraeus Wealth Management (Switzerland) SA (‘Swiss JV’, Switzerland) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


Piraeus Bank: A bank listed on the Athens Stock Exchange, active in Greece and a number of South Eastern European countries,










—


BNPP: A French listed banking group with operations in retail banking, asset management and corporate and investment banking,










—


Greek JV: will combine the wealth management activities in Greece carried out respectively in the Piraeus Bank Wealth Management division and in the BNPP Wealth Management Greek branch. It will be dedicated to domestic wealth management services in Greece,










—


Swiss JV: a company that will offer international wealth management services, in particular to Greek wealthy investors.














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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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.5613 — Piraeus Bank/BNP Paribas/Greek JV/Swiss JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.
Case T-174/06: Order of the Court of First Instance of 4 September 2009 — Inalca and Cremonini v Commission (Non-contractual liability — OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan — Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings — National decision to recover the refunds — Provision of Guarantees — Action for damages — Limitation period — Continuing nature of the harm — Partial inadmissibility — Causation)
Date: 2009-09-04
Institutions: Court of First Instance
Subjects: EC action to establish liability, European Commission, Jordan, beef, export monitoring, export refund








C_2009256EN.01002602.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/26





Order of the Court of First Instance of 4 September 2009 — Inalca and Cremonini v Commission
(Case T-174/06) (1)

(Non-contractual liability - OLAF investigations concerning irregularities in export refunds on beef and veal exported to Jordan - Communication to the national authorities of information on the facts capable of giving rise to criminal proceedings - National decision to recover the refunds - Provision of Guarantees - Action for damages - Limitation period - Continuing nature of the harm - Partial inadmissibility - Causation)
2009/C 256/48
Language of the case: Italian

Parties


Applicant: Inalca SpA — Industria Alimentaria Carni (Castelvetro, Italy) and Cremonini SpA (Castelvetro) (represented by: F. Sciandone and C. D’Andria, lawyers)

Defendant: Commission of the European Communities (represented by: M. Nolin and V. Di Bucci, Agents)

Re:

Action for non-contractual damages seeking compensation for loss allegedly suffered by the applicants as a result of the communication to the Italian authorities of the findings of an investigation conducted by the European Anti-Fraud Office (OLAF), implicating the applicants, to ascertain whether certain refunds for beef and veal exported to Jordan were lawful.

Operative part of the order







1.


The action is dismissed.










2.


Inalca SpA — Industria Alimentaria Carni and Cremonini SpA are ordered to pay the costs.






(1)  OJ C 190, 12.8.2006.
Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 4 September 2009 regarding a draft decision relating to Case C.39258 — Airfreight (1) — Rapporteur: Belgium
Date: 2009-09-04
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: additional duty, air transport, carriage of goods, cartel, fine, infringement of EU law, price agreement








C_2014371EN.01000701.xml










18.10.2014   


EN


Official Journal of the European Union


C 371/7





Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 4 September 2009 regarding a draft decision relating to Case C.39258 — Airfreight (1)
Rapporteur: Belgium
(2014/C 371/06)






1.


The Advisory Committee agrees with the Commission that the facts give rise to agreements or concerted practices in the meaning of Article 81(1) of the Treaty, Article 53(1) of the EEA Agreement and Article 8(1) of the Agreement between the European Community and the Swiss Confederation on Air Transport (Swiss Agreement).










2.


The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision restricted competition in the meaning of Article 81 of the Treaty, Article 53 of the EEA Agreement and Article 8 of the Swiss Agreement as a single and continuous infringement for the durations referred to in these Articles of the draft decision.










3.


The Advisory Committee agrees with the Commission that the agreements and concerted practices referred to in the Articles of the draft decision may affect trade between EU Member States, between Contracting Parties to the EEA Agreement and between Contracting Parties to the Swiss Agreement.










4.


The Advisory Committee agrees with the Commission that the provisions of Article 81(3) of the Treaty, Article 53(3) of the EEA Agreement and Article 8(3) of the Swiss Agreement are not applicable in the context of this case.










5.


The Advisory Committee agrees with the Commission that the proceedings can be concluded by means of a decision pursuant to Articles 7(1) and 23(2) of Council Regulation (EC) No 1/2003 (1).










6.


The Advisory Committee agrees that a fine should be imposed on the addressees of the draft decision.










7.


The Advisory Committee asks the Commission to take into account any other points raised during the discussion.










8.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.






(1)  OJ L 1, 4.1.2003, p. 1.
Case T-368/05: Judgment of the Court of First Instance of 4 September 2009 — Austria v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Cattle premium — Suckler cow premium — Payment for extensification — Key controls — Duty to use a computerised geographical information system — Control of Alpine forage areas — Duty to cooperate — Duty to state reasons — Type of financial correction applied — Extrapolation of the findings of default)
Date: 2009-09-04
Institutions: Court of First Instance
Subjects: Austria, EAGGF Guarantee Section, EU financing arrangements, European Commission, action for annulment (EU)








C_2009256EN.01002201.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/22





Judgment of the Court of First Instance of 4 September 2009 — Austria v Commission
(Case T-368/05) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Cattle premium - Suckler cow premium - Payment for extensification - Key controls - Duty to use a computerised geographical information system - Control of Alpine forage areas - Duty to cooperate - Duty to state reasons - Type of financial correction applied - Extrapolation of the findings of default)
2009/C 256/38
Language of the case: German

Parties


Applicant: Republic of Austria (represented by: H. Dossi, initially, H. Dossi and C. Pesendorfer, subsequently, and C. Pesendorfer and A. Hable, finally, Agents)

Defendant: Commission of the European Communities (represented by: F. Erlbacher, Agent)

Re:

Annulment of Commission Decision 2005/555/EC of 15 July 2005 excluding from Community financing certain expenditure incurred by the Member States under the ‘Guarantee’ Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2005 L 188, p. 36), inasmuch as it excluded certain expenditure by the Republic of Austria.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Republic of Austria to pay the costs.






(1)  OJ C 296, 26.11.2005.