do-me/EUR-LEX huggingface dataset:
Case C-375/09: Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland), lodged on 23 September 2009 — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp. z o.o., now Netia S.A.
Date: 2009-09-23
Institutions: Court of Justice
Subjects: competition law, dominant position, interpretation of the law, restriction on competition








C_2009297EN.01001901.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/19





Reference for a preliminary ruling from the Sąd Najwyższy (Republic of Poland), lodged on 23 September 2009 — Prezes Urzędu Ochrony Konkurencji i Konsumentów v Tele2 Polska sp. z o.o., now Netia S.A.
(Case C-375/09)
2009/C 297/25
Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings


Appellant: Prezes Urzędu Ochrony Konkurencji i Konsumentów

Respondent: Tele2 Polska sp. z o.o., now Netia S.A.

Questions referred







1.


Is Article 5 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1) to be interpreted as meaning that a national competition authority cannot take a decision stating that a practice does not restrict competition within the meaning of Article 82 EC in a case in which it has found, after conducting proceedings, that the undertaking did not breach the prohibition of abuse of a dominant position under that Treaty provision?










2.


If the answer to the first question is in the affirmative: in a situation in which, under national competition law — if it should be established that the practice of an undertaking does not infringe the prohibition in Article 82 EC — a national competition authority may bring cartel proceedings to an end only by taking a decision which states that the practice does not restrict competition, is the third sentence of Article 5 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty to be interpreted as constituting a direct legal basis for that authority to ‘decide that there are no grounds for action on [its] part’?






(1)  OJ 2003 L 1, p. 1.
Joined Cases T-493/07, T- 26/08 and T-27/08: Judgment of the Court of First Instance of 23 September 2009 — GlaxoSmithKline and others v OHIM — Serono Genetics Institute (FAMOXIN) (Community trade mark — Invalidity proceedings — Community word mark FAMOXIN — Earlier national word marks LANOXIN — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) — Proof of use — Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (3) of Regulation No 207/2009)
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law








C_2009267EN.01006201.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/62





Judgment of the Court of First Instance of 23 September 2009 — GlaxoSmithKline and others v OHIM — Serono Genetics Institute (FAMOXIN)
(Joined Cases T-493/07, T- 26/08 and T-27/08) (1)

(Community trade mark - Invalidity proceedings - Community word mark FAMOXIN - Earlier national word marks LANOXIN - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Proof of use - Article 56(2) and (3) of Regulation No 40/94 (now Article 57(2) and (3) of Regulation No 207/2009)
2009/C 267/109
Language of the case: English

Parties


Applicants: GlaxoSmithKline SpA (Verona, Italy); Laboratórios Wellcome de Portugal Lda (Algés, Portugal); and The Wellcome Foundation Ltd (Greenford, Middlesex, United Kingdom) (represented by: R. Gilbey, Lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and D. Botis, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Serono Genetics Institute SA, (Évry, France)

Re:

Three actions brought against the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 September 2007 (Case R 8/2007-1), 20 November 2007 (Case R 10/2007-1) and 19 November 2007 (Case R 9/2007-1), relating to cancellation proceedings between, on the one hand, GlaxoSmithkline SpA, Laboratórios Wellcome De Portugal Lda and The Wellcome Foundation Ltd, and, on the other, Serono Genetics Institute SA.

Operative part of the judgment

The Court:






1.


Joins Cases T-493/07, T-26/08 and T-27/08 for the purposes of the present judgment;










2.


Dismisses the actions;










3.


Orders GlaxoSmithKline SpA, Laboratórios Wellcome de Portugal, Lda and The Wellcome Foundation Ltd to pay the costs.






(1)  OJ C 51, 23.2.2008.
Case T-99/06: Judgment of the Court of First Instance of 23 September 2009 — Phildar v OHIM — Comercial Jacinto Parera (FILDOR) (Community trade mark — Opposition proceedings — Application for the Community word mark FILDOR — Earlier national semi-figurative mark PHILDAR — Earlier national word mark FILDOR — Earlier international word and semi-figurative marks PHILDAR — Relative ground for refusal — Likelihood of confusion — Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009)
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile industry, trade-mark law








C_2009267EN.01005401.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/54





Judgment of the Court of First Instance of 23 September 2009 — Phildar v OHIM — Comercial Jacinto Parera (FILDOR)
(Case T-99/06) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark FILDOR - Earlier national semi-figurative mark PHILDAR - Earlier national word mark FILDOR - Earlier international word and semi-figurative marks PHILDAR - Relative ground for refusal - Likelihood of confusion - Articles 8(1)(b), 62 and 73 of Regulation (EC) No 40/94 (now Articles 8(1)(b), 64 and 75 of Regulation (EC) No 207/2009)
2009/C 267/91
Language of the case: English

Parties


Applicant: Phildar SA (Roubaix, France) (represented by: E. Baud, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Comercial Jacinto Parera SA (Barcelona, Spain)

Re:

Action against the decision of the Second Board of Appeal of OHIM of 16 January 2006 (Case R 245/2004-2), relating to opposition proceedings between Phildar SA and Comercial Jacinto Parera, SA.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 16 January 2006 (Case R 245/2004-2);










2.


Orders OHIM to pay the costs.






(1)  OJ C 121, 20.5.2006.
Case T-341/05 (Agriculture — Common organisation of the market in milk and milk products — Abolition of export refunds for all milk products to Ceuta and Melilla — Conditions — Principle of non-discrimination — Proportionality: Judgment of the Court of First Instance of 23 September 2009 — Spain v Commission
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: Ceuta and Melilla, European Commission, Spain, action for annulment (EU), customs fraud, fraud against the EU, milk, milk product, re-import








C_2009267EN.01005301.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/53





Judgment of the Court of First Instance of 23 September 2009 — Spain v Commission
(Case T-341/05 (1))
(Agriculture - Common organisation of the market in milk and milk products - Abolition of export refunds for all milk products to Ceuta and Melilla - Conditions - Principle of non-discrimination - Proportionality)
2009/C 267/89
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: J Cárcamo and M. Muñoz Pérez, abogados del Estado)

Defendant: Commission of the European Communities (represented by C. Cattabriga and F. Jimeno Fernández, acting as Agents)

Re:

Annulment of Commission Regulation (EC) No 909/2005 of 16 June 2005 fixing the export refunds on milk and milk products (OJ 2005 L 154, p. 10), in so far as its Annex includes Ceuta and Mellila among the destinations grouped together under the destination L 01.

Operative part of the judgment

The Court:






1)


Annuls Commission Regulation (EC) No 909/2005 of 16 June 2005 fixing the export refunds on milk and milk products, in so far as it mentions Ceuta et Melilla among the destinations grouped together under the destination L 01.










2)


Orders the Commission of the European Communities to pay the costs.






(1)  OJ C 217 of 29.10.2005.
Case T-369/09: Action brought on 22 September 2009 — Sociedade Quinta do Portal SA v OHIM — Vallegre–Vinhos do Porto (PORTO ALEGRE)
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), fortified wine, trade-mark law








C_2009297EN.01002201.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/22





Action brought on 22 September 2009 — Sociedade Quinta do Portal SA v OHIM — Vallegre–Vinhos do Porto (PORTO ALEGRE)
(Case T-369/09)
2009/C 297/32
Language in which the application was lodged: Portuguese

Parties


Applicant: Sociedade Quinta do Portal SA (Lisbon, Portugal) (represented by: B. Belchior, lawyer)

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

Other party to the proceedings before the Board of Appeal: Vallegre–Vinhos do Porto SA (Sabrosa, Portugal)

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 1012/2008–1, dismissing the appeal brought by the applicant against the decision of the Cancellation Division which declared the Community word mark PORTO ALEGRE invalid; and










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark PORTO ALEGRE, for goods in Class 33

Proprietor of the Community trade mark: the applicant

Applicant for the declaration of invalidity: the other party to the proceedings before the Board of Appeal

Trade mark right of applicant for the declaration: earlier Portuguese word mark VISTA ALEGRE, for goods in Class 33

Decision of the Cancellation Division: Community word mark PORTO ALEGRE declared invalid

Decision of the Board of Appeal: appeal dismissed

Plea in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 in so far as the Board of Appeal misinterpreted that provision and, consequently, wrongly held that there was a likelihood of confusion between the marks in question.
Commission Regulation (EC) No 873/2009 of 23 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-23
Institutions: European Commission
Subjects: citrus fruit, common agricultural policy, fruit vegetable, import price, pip fruit








L_2009251EN.01000101.xml










24.9.2009   


EN


Official Journal of the European Union


L 251/1








            COMMISSION REGULATION (EC) No 873/2009
of 23 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 24 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 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 


36,7 




ZZ 


36,7 




0707 00 05 


MK 


33,2 




TR 


114,4 




ZZ 


73,8 




0709 90 70 


TR 


108,6 




ZZ 


108,6 




0805 50 10 


AR 


113,7 




CL 


109,6 




TR 


106,2 




UY 


117,8 




ZA 


73,1 




ZZ 


104,1 




0806 10 10 


EG 


104,8 




IL 


111,8 




TR 


91,3 




ZZ 


102,6 




0808 10 80 


AR 


62,2 




BR 


113,8 




CL 


81,4 




NZ 


80,3 




US 


79,8 




ZA 


74,5 




ZZ 


82,0 




0808 20 50 


CN 


48,1 




TR 


111,7 




ZA 


70,1 




ZZ 


76,6 




0809 30 


TR 


119,0 




US 


243,3 




ZZ 


181,2 




0809 40 05 


IL 


112,9 




TR 


90,9 




ZZ 


101,9 






(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’.
Case T-296/06: Judgment of the Court of First Instance of 23 September 2009 — Dongguan Nanzha Leco Stationery v Council of the European Union (Dumping — Imports of lever arch mechanisms originating in China — Determination of the dumping margin — Market economy treatment — Comparison between the normal value and the export price — Application of a different method to that used during the initial investigation — Article 2(7)(a) and (10) of Regulation (EC) No 384/96)
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: China, Council of the European Union, action for annulment (EU), anti-dumping duty, export price, import, office supplies, originating product, overheads








C_2009267EN.01005501.xml










7.11.2009   


EN


Official Journal of the European Union


C 267/55





Judgment of the Court of First Instance of 23 September 2009 — Dongguan Nanzha Leco Stationery v Council of the European Union
(Case T-296/06) (1)

(Dumping - Imports of lever arch mechanisms originating in China - Determination of the dumping margin - Market economy treatment - Comparison between the normal value and the export price - Application of a different method to that used during the initial investigation - Article 2(7)(a) and (10) of Regulation (EC) No 384/96)
2009/C 267/93
Language of the case: English

Parties


Applicant: Dongguan Nanzha Leco Stationery Mfg. Co., Ltd (Dongguan, China) (represented by: A. Bentley, QC)

Defendant: Council of the European Union (represented by: J.-P. Hix, Agent, assisted by G. Berrisch, Lawyer)

Interveners in support of the defendants: Commission of the European Communities (represented by H. van Vliet and T. Scharf, Agents); IML Industria Meccanica Lombarda Srl (Offanengo, Italy); Interkov spol. s.r.o. (Bráník, Czech Republic); MI.ME.CA. Srl (Ricengo, Italy); and NIKO — kovinarsko podjetje, d.d. Železniki (Železniki, Slovenia) (represented by R. Bierwagen, Lawyer)

Re:

Application for partial annulment of Council Regulation (EC) No 1136/2006 of 24 July 2006 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of lever arch mechanisms originating in the People’s Republic of China (OJ 2006 L 205, p. 1), in so far as it applies to the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Dongguan Nanzha Leco Stationery Mfg. Co., Ltd, to bear its own costs and to pay those incurred by the Council of the European Union, IML Industria Meccanica Lombarda Srl, Interkov spol. s r.o., MI.ME.CA. Srl and NIKO — kovinarsko podjetje, d.d. Železniki;










3.


Orders the Commission of the European Communities to bear its own costs.






(1)  OJ C 310, 16.12.2006.
Case F-22/05 RENV: Judgment of the Civil Service Tribunal (Third Chamber) of 23 September 2009 — Neophytou v Commission (Civil service — Referral back to the Tribunal after setting aside — Open competition — Not included on the reserve list — Selection board — Appointment)
Date: 2009-09-23
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), administrator, appeal, competition (EU), equal treatment








C_2009282EN.01006301.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/63





Judgment of the Civil Service Tribunal (Third Chamber) of 23 September 2009 — Neophytou v Commission
(Case F-22/05 RENV) (1)

(Civil service - Referral back to the Tribunal after setting aside - Open competition - Not included on the reserve list - Selection board - Appointment)
2009/C 282/118
Language of the case: English

Parties


Applicant: Neophytos Neophytou (Itzig, Luxembourg) (represented by: S.A. Pappas, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and H. Krämer, Agents)

Re:

Application for annulment of the decision of the selection board for open competition EPSO/A/1/03 for the constitution of a reserve list of assistant administrators (A8) having Cypriot citizenship not to include the applicant’s name on the reserve list of successful candidates — Case T-43/07 P referred back after appeal)

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Neophytou to bear half of his own costs relating to the proceedings before the Tribunal and the Court of First Instance;










3.


Orders the Commission of the European Communities to pay, in addition to all its own costs relating to the proceedings before the Tribunal and the Court of First Instance, half of the costs incurred by Mr Neophytou relating to those proceeding.






(1)  OJ C 155, 25.6.2005, p. 29.
Case C-378/09: Action brought on 23 September 2009 — Commission of the European Communities v Czech Republic
Date: 2009-09-23
Institutions: Court of Justice
Subjects: Czechia, European Commission, access to EU information, access to the courts, action for failure to fulfil an obligation, environmental protection, transparency in decision-making








C_2009312EN.01001502.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/15





Action brought on 23 September 2009 — Commission of the European Communities v Czech Republic
(Case C-378/09)
2009/C 312/24
Language of the case: Czech

Parties


Applicant: Commission of the European Communities (represented by: M. Šimerdová and J.-B, Laignelot, acting as Agents)

Defendant: Czech Republic

Form of order sought







—


declare that, by failing to implement correctly in its national legislation the provisions of the first, second and third paragraphs of Article 10a of the Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC), (1) as amended by Council Directive 97/11/EC (2) and Directive 2003/35/EC of the European Parliament and of the Council, (3) the Czech Republic has failed to fulfil its obligations under the first, second and third paragraphs of Article 10a of that directive;










—


order Czech Republic to pay the costs.





Pleas in law and main arguments

The period of implementing the directive into the domestic legal order expired on 25 June 2005.


(1)  OJ 1985 L 175, p. 40.

(2)  Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment; OJ 1997 L 73, p. 5.

(3)  Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC; OJ 2003 L 156, p. 17.
Case T-368/09 P: Appeal brought on 23 September 2009 by Roberto Sevenier against the order of the Civil Service Tribunal delivered on 8 July 2009 in Case F-62/08, Sevenier v Commission
Date: 2009-09-23
Institutions: Court of First Instance
Subjects: Civil Service Tribunal, European Commission, action by staff, action for annulment (EU), professional career, termination of a contract, work contract








C_2009282EN.01005302.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/53





Appeal brought on 23 September 2009 by Roberto Sevenier against the order of the Civil Service Tribunal delivered on 8 July 2009 in Case F-62/08, Sevenier v Commission
(Case T-368/09 P)
2009/C 282/101
Language of the case: French

Parties


Appellant: Roberto Sevenier (Paris, France) (represented by E. Boigelot and L. Defalque, lawyers)

Other party to the proceedings: Commission of the European Communities

Form of order sought by the appellant







—


set aside the order delivered on 8 July 2009 by the Third Chamber of the European Union Civil Service Tribunal in Case F-62/08 Sevenier v Commission, served on the appellant on 13 July 2009;










—


allow the appellant to rely on his submissions to the European Union Civil Service Tribunal;










—


order the defendant to pay the costs of both instances.





Pleas in law and main arguments

By the present appeal, the appellant seeks to have set aside the order of the Civil Service Tribunal (CST) of 8 July 2009, delivered in Case F-62/08 Sevenier v Commission, by which the CST dismissed as manifestly inadmissible the action by which the appellant had sought annulment of a decision of the Commission of 24 September 2007 rejecting the appellant’s application, firstly, to retract his offer to resign dated 19 October 1983 and, secondly, for a referral to the invalidity committee.
In support of his appeal, the appellant submits, principally, a single plea in law alleging an error in law committed by the CST in the interpretation of the concept of a purely confirmatory act, since the CST categorised the express decision, made following the implied rejection of the appellant’s application, as a purely confirmatory act despite the fact that the express decision upheld in part the application made by the appellant.
In the alternative, the appellant submits that the CST distorted and disregarded documents in the file and failed to fulfil its duty to give reasons by holding that there was no particular fact peculiar to the case which justified the CST not applying the established case-law on purely confirmatory acts.