do-me/EUR-LEX huggingface dataset:
Case T-355/09: Action brought on 14 September 2009 — Reber Holding v OHIM — Wedl & Hofmann (Walzer Traum)
Date: 2009-09-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), coffee, household article, sugar, trade-mark law








C_2009282EN.01005001.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/50





Action brought on 14 September 2009 — Reber Holding v OHIM — Wedl & Hofmann (Walzer Traum)
(Case T-355/09)
2009/C 282/96
Language in which the application was lodged: German

Parties


Applicant: Reber Holding GmbH & Co. KG (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, 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: Wedl & Hofmann (Mils/Hall in Tirol, Austria)

Form of order sought







—


annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 9 July 2009 in Case R 623/2008-4;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Wedl & Hofmann GmbH

Community trade mark concerned: Figurative mark ‘Walzer Taum’ in respect of goods in Classes 21 and 30 (Application No 4 593 752)

Proprietor of the mark or sign cited in the opposition proceedings: Reber Holding GmbH and Co. KG

Mark or sign cited in opposition: the German word mark ‘Walzertraum’ in respect of goods in Class 30 (No 1 092 615) and the opposition was directed against only the registration in respect of the goods in Class 30

Decision of the Opposition Division: Opposition was upheld

Decision of the Board of Appeal: Contested decision was annulled and the opposition was rejected

Pleas in law: Infringement of the first sentence of Article 42(2) of Regulation (EC) No 207/2009 (1) and the general principle of equal treatment in relation to the interpretation of the requirements for genuine use of the mark cited in oppostion


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2009/711/EC: Council Decision of 14 September 2009 appointing one Dutch member of the Committee of the Regions
Date: 2009-09-14
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, appointment of members








L_2009247EN.01001201.xml










19.9.2009   


EN


Official Journal of the European Union


L 247/12








            COUNCIL DECISION
         
of 14 September 2009
         
appointing one Dutch member of the Committee of the Regions
(2009/711/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 Dutch Government,

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)


A member’s seat on the Committee of the Regions has become vacant following the resignation of Ms Johanna MAIJ-WEGGEN,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
Ms Karla M.H. PEIJS, Commissaris van de Koningin van de provincie Zeeland.


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




Done at Brussels, 14 September 2009.


For the Council


The President

C. MALMSTRÖM
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case T-352/09: Action brought on 14 September 2009 — Novácke chemické závody/Commission
Date: 2009-09-14
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition, dominant position, gas industry, metallurgical industry, restriction on competition, restrictive trade practice








C_2009267EN.01007701.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/77





Action brought on 14 September 2009 — Novácke chemické závody/Commission
(Case T-352/09)
2009/C 267/138
Language of the case: English

Parties


Applicant: Novácke chemické závody, a.s. (Nováky, Slovak Republic) (represented by: A. Černejová, lawyer)

Defendant: Commission of the European Communities

Form of order sought







—


Annul the contested decision with respect to the applicant and consequently cancel the fine imposed on the applicant; or










—


in the alternative, cancel the fine imposed on the applicant in the Article 2 of the decision or at least significantly decrease the fine imposed on the applicant; and










—


order the Commission to pay the costs.





Pleas in law and main arguments

By means of the present application, the applicant seeks the annulment of Commission decision of 22 July 2009 (Case No COMP/F/39.396 — Calcium and magnesium reagents for the steel and gas industries) where the Commission found the applicant together with other undertakings liable for the infringement of Article 81 EC and Article 53 EEA through market sharing, quotas, customer allocation, price fixing and exchanges of sensitive commercial information between suppliers of calcium carbide and magnesium granulates. Alternatively, the applicant seeks the cancellation or reduction of the fine imposed on it pursuant to Article 31 of Council Regulation (EC) No 1/2003.
The application is based on the following grounds:






 


First, the applicant submits that the Commission has breached the principle of proportionality and equal treatment which are general principles of Community law, by imposing an excessive and disproportionate fine on the applicant.










 


Second, that applicant claims that the Commission failed to investigate the applicant’s ability to pay the fine and the risk that the fine may lead to its bankruptcy. The applicant submits, in particular, that the Commission failed to adhere to the essential procedural requirements, that it did not properly examine the evidence supplied by the applicant showing the imminent risk of a bankruptcy proceeding should the Commission impose a fine on it. Hence, it is submitted that the Commission committed a manifest error of appraisal in failure to establish the aforementioned risk and to apply paragraph 35 of the Guidelines in respect of the applicant.










 


Third, the applicant contends that the imposition of the fine on the applicant will directly cause its bankruptcy as well as its elimination as a competitor on the relevant market. Thus, according to the applicant, the Commission has violated Article 3(1)(g) EC by distorting or eliminating competition on the relevant market.
Case T-152/07: Judgment of the Court of First Instance of 14 September 2009 — Lange Uhren v OHIM (Geometric shapes on a watch-face) (Community trade mark — Application for a Community figurative mark — Geometric shapes on a watch-face — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) — Lack of distinctive character acquired through use — Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)
Date: 2009-09-14
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clock and watch industry, precision engineering, trade-mark law








C_2009256EN.01002401.xml










24.10.2009   


EN


Official Journal of the European Union


C 256/24





Judgment of the Court of First Instance of 14 September 2009 — Lange Uhren v OHIM (Geometric shapes on a watch-face)
(Case T-152/07) (1)

(Community trade mark - Application for a Community figurative mark - Geometric shapes on a watch-face - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009)
2009/C 256/43
Language of the case: German

Parties


Applicant: Lange Uhren GmbH (Glashütte, Germany) (represented by: M. Schaeffer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Kicia, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 February 2007 (Case R 1176/2005-1) concerning an application for registration as a Community trade mark of a figurative sign representing geometric shapes on a watch-face.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Lange Uhren GmbH to pay the costs.






(1)  OJ C 155, 7.7.2007.
Approval of the appointment of Pawel Samecki as a member of the Commission European Parliament decision of 14 September 2009 approving the appointment of Mr Paweł Samecki as a Member of the Commission
Date: 2009-09-14
Institutions: European Parliament
Subjects: European Commission, Poland, appointment of members, institutional activity








CE2010224EN.01004001.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/40





Monday 14 September 2009Approval of the appointment of Pawel Samecki as a member of the Commission
P7_TA(2009)0004
European Parliament decision of 14 September 2009 approving the appointment of Mr Paweł Samecki as a Member of the Commission
2010/C 224 E/13

The European Parliament,
having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,
having regard to point 4 of the Framework Agreement on relations between the European Parliament and the Commission (1),
having regard to the resignation of Danuta Hübner as a Member of the Commission, tendered on 24 June 2009,
having regard to the nomination by the Government of Poland of Paweł Samecki for appointment as a Member of the Commission,
having regard to Council Decision 2009/528/EC, Euratom of 3 July 2009 appointing a new Member of the Commission of the European Communities (2),
having regard to the decision of the Conference of Presidents of 9 July 2009 concerning the procedure to be applied for the replacement of Commissioners,
having regard to the exchange of views between the Commissioner-designate and its committee responsible held on 2 September 2009,
having regard to Rule 106 and Annex XVII, point 2, second paragraph, of its Rules of Procedure,






1.


Approves the appointment of Paweł Samecki as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;










2.


Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.






(1)  OJ C 117 E, 18.5.2006, p. 123.

(2)  OJ L 178, 9.7.2009, p. 16.
Case F-76/09: Action brought on 14 September 2009 — Cusack-Gard'ner v Commission
Date: 2009-09-14
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, European Commission, action by staff, health expenditure, redemption








C_2009297EN.01003602.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/36





Action brought on 14 September 2009 — Cusack-Gard'ner v Commission
(Case F-76/09)
2009/C 297/56
Language of the case: English

Parties


Applicant: Carolyn Cusack-Gard'ner (Wavre, Belgium) (represented by: J. Temple Lang, Solicitor)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Action for annulment of the decision of 22 June 2009 rejecting the applicant’s request to be able to benefit from a full reimbursement of the costs resulting from the treatment of her illness.

Form of order sought







—


annul the decision of 22 June 2009 rejecting the applicant’s request;










—


declare that Chapter 3 of Title II of the Commission Decision of 2 July 2007 laying down General Implementing Provisions for the reimbursement of medical expenses is inapplicable in accordance with Article 241 of the EC Treaty:






—


insofar as it provides that the cost of providing ‘board and lodging’ for an essential living-in carer is not refundable, and,










—


in so far as it imposes a limit on the amount of the repayment that may be made for the cost of an essential living-in care;














—


order the defendant to pay the costs.
2009/710/EC: Council Decision of 14 September 2009 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Národná banka Slovenska
Date: 2009-09-14
Institutions: Council of the European Union
Subjects: European Commissioner, Slovakia, accountant, central bank, financial institution, self-employed person




L_2009247EN.01001001.xml










19.9.2009   


EN


Official Journal of the European Union


L 247/10








            COUNCIL DECISION
         
of 14 September 2009
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of the Národná banka Slovenska
(2009/710/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/2009/14 of the European Central Bank of 25 June 2009 to the Council of the European Union on the external auditors of Národná banka Slovenska (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)


Pursuant to Article 1 of Council Decision 2008/608/EC of 8 July 2008 in accordance with Article 122(2) of the Treaty on the adoption by Slovakia of the single currency on 1 January 2009 (2), Slovakia adopted the single currency on 1 January 2009.












(3)


Pursuant to Article 38 of the Law on the Národná banka Slovenska, from 1 January 2009 the annual financial statements of the Národná banka Slovenska are to be audited in accordance with Article 27 of the Statute of the European System of Central Banks and of the European Central Bank.












(4)


The Governing Council of the ECB recommended that the Council approve Deloitte Audit s.r.o. as the external auditor of the Národná banka Slovenska for the financial year 2009.












(5)


It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (3) accordingly,





HAS DECIDED AS FOLLOWS:



Article 1
The following paragraph shall be added to Article 1 of Decision 1999/70/EC:

‘16.   Deloitte Audit s.r.o. is hereby approved as the external auditor of the Národná banka Slovenska for the financial year 2009.’



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, 14 September 2009.


For the Council


The President

C. MALMSTRÖM
            





(1)  
            OJ C 149, 1.7.2009, p. 1.

(2)  
            OJ L 195, 24.7.2008, p. 24.

(3)  
            OJ L 22, 29.1.1999, p. 69.
Case C-174/09: Order of the President of the Court of 14 September 2009 — Commission of the European Communities v Republic of Poland
Date: 2009-09-14
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, adoption of a law by vote, energy consumption, fine, new technology








C_2010011EN.01002002.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/20





Order of the President of the Court of 14 September 2009 — Commission of the European Communities v Republic of Poland
(Case C-174/09) (1)

2010/C 11/37

Language of the case: Polish

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


(1)  OJ C 167, 18.7.2009.
Case F-77/09: Action brought on 14 September 2009 — Nijs v European Court of Auditors
Date: 2009-09-14
Institutions: Civil Service Tribunal
Subjects: European Court of Auditors, European official, action for annulment (EU), committee (EU), judicial proceedings, personnel administration, regulations for civil servants








C_2009282EN.01006503.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/65





Action brought on 14 September 2009 — Nijs v European Court of Auditors
(Case F-77/09)
2009/C 282/125
Language of the case: French

Parties


Applicant: Bart Nijs (Bereldange, Luxembourg) (represented by: Fränk Rollinger, avocat)

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Application for annulment of the decision of the Committee ad hoc of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension

Form of order sought

Principally, annul the decision of the Committee ad hoc of the European Court of Auditors of 15 January 2009 removing the applicant from his post with effect from 1 February 2009 without reduction in pension;
Annul the European Court of Auditors’ decision 81-2007 of 20 September 2007 conferring certain powers of the Appointing Authority on a Committee ad hoc;
Annul all the preparatory decisions adopted by that Committee ad hoc, particularly those of 22/29 October and 23 November 2007 and of 12 June 2008 to open an administrative enquiry;
In the alternative, should the Tribunal not uphold the applications for annulment formulated in the principal heads of relief, hold that the penalty inflicted by the Committee ad hoc of the European Court of Auditors on 15 January 2009 is, on the basis of Article 10 of Annex IX to the Staff Regulations, for the reasons set out above, far too severe;
Refer the matter to a differently constituted Appointing Authority of the European Court of Auditors, to inflict a different penalty, if one is really considered necessary, much more suited to the facts;
In the further alternative, find expressly that the principle that procedures should be conducted with reasonable expedition was infringed in this case, as set out above, and taking account of the level of the penalty to be inflicted, if one is appropriate;
Order the defendant to pay the costs.
Case C-368/09: Reference for a preliminary ruling from the Baranya Megyei Bíróság (Hungary) lodged on 14 September 2009 — Pannon Gép Centrum Kft. v APEH Központi Hivatal Hatósági Főosztály Dél-dunántúli Kihelyezett Hatósági Osztály
Date: 2009-09-14
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, invoicing, tax harmonisation, tax relief








C_2010011EN.01001301.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/13





Reference for a preliminary ruling from the Baranya Megyei Bíróság (Hungary) lodged on 14 September 2009 — Pannon Gép Centrum Kft. v APEH Központi Hivatal Hatósági Főosztály Dél-dunántúli Kihelyezett Hatósági Osztály
(Case C-368/09)
2010/C 11/22
Language of the case: Hungarian

Referring court

Baranya Megyei Bíróság

Parties to the main proceedings


Applicant: Pannon Gép Centrum Kft.

Defendant: APEH Központi Hivatal Hatósági Főosztály Dél-dunántúli Kihelyezett Hatósági Osztály

Questions referred







1.


Do the provisions of national law contained in Article 13(1)(16) of the általános forgalmi adóról szóló 1992. évi LXXIV. törvény (Law LXXIV of 1992 on turnover tax), in force at the material time when the disputed invoices were issued, or in Article 1/E(1) of Order 24/1995 (XI.22) of the Hungarian Ministry of Finance, specifically the provision in Article 13(1)(16)(f) of the Law on turnover tax, comply with the features of invoices, and the concept of an invoice, laid down in Article 2(b) of Directive 2001/115/EC (1) amending Directive 77/388/EEC (2) (‘the Sixth Directive’) with a view to simplifying, modernising and harmonising the conditions laid down for invoicing in respect of value added tax? In the event that the first question is answered in the affirmative,










2.


Is a Member State’s practice which consists of penalising formal defects in invoices intended to be used as a basis for the right to deduct by denying that right contrary to Article 17(1), Article 18(1)(a) or Article 22(3)(a) and (b) of the Sixth Directive?










3.


In order to be able to exercise the right to deduct, is it sufficient to fulfil the obligations laid down in Article 22(3)(b) of the Sixth Directive, or is it possible to exercise the right to deduct and accept the invoice as a reliable document only if, at the same time, all the details required under Directive 2002/115/EC are provided and all the obligations laid down in Directive 2002/115/EC are fulfilled?






(1)  Council Directive 2001/115/EC of 20 December 2001 amending Directive 77/388/EEC with a view to simplifying, modernising and harmonising the conditions laid down for invoicing in respect of value added tax (OJ 2002 L 15, p. 24).

(2)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
Approval of the appointment of Karel De Gucht as a member of the Commission European Parliament decision of 14 September 2009 approving the appointment of Mr Karel De Gucht as a Member of the Commission
Date: 2009-09-14
Institutions: European Parliament
Subjects: Belgium, European Commission, appointment of members, institutional activity








CE2010224EN.01004101.xml










19.8.2010   


EN


Official Journal of the European Union


CE 224/41





Monday 14 September 2009Approval of the appointment of Karel De Gucht as a member of the Commission
P7_TA(2009)0005
European Parliament decision of 14 September 2009 approving the appointment of Mr Karel De Gucht as a Member of the Commission
2010/C 224 E/14

The European Parliament,
having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,
having regard to point 4 of the Framework Agreement on relations between the European Parliament and the Commission (1),
having regard to the resignation of Louis Michel as a Member of the Commission, tendered on 5 July 2009,
having regard to the nomination by the Government of Belgium of Karel De Gucht for appointment as a Member of the Commission,
having regard to Council Decision 2009/552/EC, Euratom of 16 July 2009 appointing a new Member of the Commission of the European Communities (2),
having regard to the decision of the Conference of Presidents of 9 July 2009 concerning the procedure to be applied for the replacement of Commissioners,
having regard to the exchange of views between the Commissioner-designate and its committee responsible held on 1 September 2009,
having regard to Rule 106 and Annex XVII, point 2, second paragraph, of its Rules of Procedure,






1.


Approves the appointment of Karel De Gucht as a Member of the Commission for the remainder of the Commission's term of office, until 31 October 2009;










2.


Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.






(1)  OJ C 117 E, 18.5.2006, p. 123.

(2)  OJ L 185, 17.7.2009, p. 23.