do-me/EUR-LEX huggingface dataset:
Case C-520/08 P: Order of the Court (Fifth Chamber) of 24 September 2009 — HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Manpower Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(b), (c), (d) and (g) — Application for a declaration of invalidity — Community word mark I.T.@MANPOWER)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, temporary employment agency, trade-mark law








C_2010011EN.01001101.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/11





Order of the Court (Fifth Chamber) of 24 September 2009 — HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Manpower Inc.
(Case C-520/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(b), (c), (d) and (g) - Application for a declaration of invalidity - Community word mark I.T.@MANPOWER)
2010/C 11/18
Language of the case: English

Parties


Appellant: HUP Uslugi Polska sp. z o.o., (formerly HP Temporärpersonalgesellschaft mbH) (represented by: represented by M. Ciresa, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, acting as Agent), Manpower Inc. (represented by: V. Marsland, Solicitor, and A. Bryson, Barrister)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 24 September 2008 in Case T-248/05 HUP Uslugi Polska v OHIM — Manpower (I.T.@MANPOWER), by which the Court of First Instance dismissed an action for annulment brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 5 April 2005 (Case R 124/2004–4), which in turn dismissed the action brought against the decision of the Cancellation Division which had dismissed an application for a declaration of invalidity of Community word mark ‘I.T.@MANPOWER’ for goods and services in Classes 9, 16, 35, 38, 41 and 42 — Trade mark with no descriptive character

Operative part of the order







1.


The appeal is dismissed.










2.


HUP Uslugi Polska sp. z o.o. shall pay the costs.






(1)  OJ C 55, 7.3.2009.
Case C-8/09: Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2006/17/EC — Technical requirements for the donation, procurement and testing of human tissues and cells — Failure to transpose within the prescribed period)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: Belgium, action for failure to fulfil an obligation, donation, free movement of goods, stem cell








C_2009282EN.01001503.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/15





Judgment of the Court (Seventh Chamber) of 24 September 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-8/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/17/EC - Technical requirements for the donation, procurement and testing of human tissues and cells - Failure to transpose within the prescribed period)
2009/C 282/29
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: C. Cattabriga and J. Sénéchal, Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt or notify, within the prescribed period, the measures necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells (OJ 2006 L 38, p. 40)

Operative part of the judgment

The Court:






1.


Declares that, by not adopting, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2006/17/EC of 8 February 2006 implementing Directive 2004/23/EC of the European Parliament and of the Council as regards certain technical requirements for the donation, procurement and testing of human tissues and cells, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


Orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 69, 21.3.2009.
Euro exchange rates
Date: 2009-09-24
Institutions: European Commission
Subjects: euro, exchange rate








C_2009230EN.01000901.xml










24.9.2009   


EN


Official Journal of the European Union


C 230/9





Euro exchange rates (1)

23 September 2009
2009/C 230/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4783




JPY


Japanese yen


134,96




DKK


Danish krone


7,4418




GBP


Pound sterling


0,89940




SEK


Swedish krona


10,0778




CHF


Swiss franc


1,5123




ISK


Iceland króna


 




NOK


Norwegian krone


8,5640




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,244




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


271,27




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7063




PLN


Polish zloty


4,1925




RON


Romanian leu


4,2283




TRY


Turkish lira


2,1918




AUD


Australian dollar


1,6906




CAD


Canadian dollar


1,5794




HKD


Hong Kong dollar


11,4578




NZD


New Zealand dollar


2,0368




SGD


Singapore dollar


2,0879




KRW


South Korean won


1 765,03




ZAR


South African rand


10,9509




CNY


Chinese yuan renminbi


10,0910




HRK


Croatian kuna


7,2682




IDR


Indonesian rupiah


14 341,48




MYR


Malaysian ringgit


5,1230




PHP


Philippine peso


70,131




RUB


Russian rouble


44,4070




THB


Thai baht


49,604




BRL


Brazilian real


2,6505




MXN


Mexican peso


19,7856




INR


Indian rupee


70,9660






(1)  Source: reference exchange rate published by the ECB.
2009/744/EC: Council Decision of 24 September 2009 appointing one Irish member of the Committee of the Regions
Date: 2009-09-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Ireland, appointment of members








L_2009265EN.01003901.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/39








            COUNCIL DECISION
         
of 24 September 2009
         
appointing one Irish member of the Committee of the Regions
(2009/744/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 Irish 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 expiry of the mandate of Mr Seamus MURRAY,





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 Fiona O’LOUGHLIN, member of Kildare County Council.


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




Done at Brussels, 24 September 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Council Common Position 2009/717/CFSP of 24 September 2009 extending Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
Date: 2009-09-24
Institutions: Council of the European Union
Subjects: International Criminal Tribunal, Yugoslavia, economic sanctions, fight against crime, natural person, war crime








L_2009253EN.01001701.xml










25.9.2009   


EN


Official Journal of the European Union


L 253/17








            COUNCIL COMMON POSITION 2009/717/CFSP
of 24 September 2009
         
extending Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:







(1)


On 11 October 2004, the Council adopted Common Position 2004/694/CFSP (1), with the aim of freezing all funds and economic resources belonging to all persons who have been indicted by the ICTY for war crimes but who are not in the custody of the ICTY.












(2)


Common Position 2004/694/CFSP applies until 10 October 2009.












(3)


Common Position 2004/694/CFSP should be renewed for a further period of 12 months.












(4)


The Community implementing measures are set out in Regulation (EC) No 1763/2004 of 11 October 2004 imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY) (2),





HAS ADOPTED THIS COMMON POSITION:



Article 1
Common Position 2004/694/CFSP is hereby extended until 10 October 2010.


Article 2
This Common Position shall take effect on the date of its adoption.


Article 3
This Common Position shall be published in the Official Journal of the European Union.




Done at Brussels, 24 September 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 315, 14.10.2004, p. 52.

(2)  
            OJ L 315, 14.10.2004, p. 14.
Case C-78/09 P: Order of the Court (Eight Chamber) of 24 September 2009 — Compagnie des bateaux mouches SA v Office for Harmonization in the Internal Market (trade marks and designs), Jean-Noël Castanet (Appeal — Community trade mark — Word mark BATEAUX MOUCHES — Refusal of registration — Absence of any distinctive character)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, pleasure craft, trade-mark law








C_2010024EN.01001801.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/18





Order of the Court (Eight Chamber) of 24 September 2009 — Compagnie des bateaux mouches SA v Office for Harmonization in the Internal Market (trade marks and designs), Jean-Noël Castanet
(Case C-78/09 P) (1)

(Appeal - Community trade mark - Word mark BATEAUX MOUCHES - Refusal of registration - Absence of any distinctive character)
2010/C 24/29
Language of the case: French

Parties


Appellant: Compagnie des bateaux mouches SA (represented by: G. Barbaut, avocat)

Other parties to the proceedings: Office for Harmonization in the Internal Market (trade marks and designs), (represented by: A. Folliard-Monguiral, acting as Agent), Jean-Noël Castanet (represented by: J.-P. Sulzer, lawyer)

Re:

Appeal against the judgment of the Court of First Instance (Seventh Chamber) of 10 December 2008 in Case T-365/06 Bateaux mouches v OHMI by which the Court dismissed the action brought by the applicant against the decision of the First Board of Appeal of OHIM of 7 September 2006, concerning proceedings for invalidity of the Community word mark ‘BATEAUX MOUCHES’ — Infringement of Article 7(1)(b) and (3) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Misinterpretation of the criteria laid down by the case-law of the Court of Justice — Absence of any distinctive character

Operative part of the order

The Court:






1.


Dismisses the appeal.










2.


Orders the Compagnie des bateaux mouches SA to pay the costs.






(1)  OJ C 102 of 01.05.2009
Case F-94/07: Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Rebizant, Vlandas and Vocino v Commission (Staff case — Officials — Promotion — 2006 procedure — Multiplier rate — Article 6(2) of the Staff Regulations — Article 9 of Annex XIII to the Staff Regulations — Promotion threshold)
Date: 2009-09-24
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, promotion








C_2010024EN.01007102.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/71





Judgment of the Civil Service Tribunal (Second Chamber) of 24 September 2009 — Rebizant, Vlandas and Vocino v Commission
(Case F-94/07) (1)

(Staff case - Officials - Promotion - 2006 procedure - Multiplier rate - Article 6(2) of the Staff Regulations - Article 9 of Annex XIII to the Staff Regulations - Promotion threshold)
2010/C 24/129
Language of the case: French

Parties


Applicants: Jean Rebizant (Karlsruhe, Germany), Georges Vlandas (Brussels, Belgium) and Vinceno Vocino (Varese, Italy) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

First, annulment of the decision not to promote the applicants to grade AD13 under the 2006 promotion procedure and, second, declaration that the decision setting the promotion thresholds applicable to officials under the “Research” and “Joint Research Centre” budgets is illegal.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 283, 24.11.2007, p. 45.
2009/743/EC: Council Decision of 24 September 2009 appointing one Italian alternate member of the Committee of the Regions
Date: 2009-09-24
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2009265EN.01003801.xml










9.10.2009   


EN


Official Journal of the European Union


L 265/38








            COUNCIL DECISION
         
of 24 September 2009
         
appointing one Italian alternate member of the Committee of the Regions
(2009/743/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 Italian 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)


An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office Mr Flavio DELBONO,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
Ms Maria Giuseppina MUZZARELLI, Vice Presidente della Regione Emilia Romagna.


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




Done at Brussels, 24 September 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Case T-16/05: Order of the Court of First Instance of 24 September 2009 — Viasat Broadcasting UK v Commission (State aid — Recapitalisation of a public service broadcaster following a first decision ordering the recovery of incompatible State aid — Decision not to raise objections — Annulment of the first decision — No need to adjudicate)
Date: 2009-09-24
Institutions: Court of First Instance
Subjects: Denmark, European Commission, State aid, action for annulment (EU), aid to disaster victims, financial requirements, investment, public service, television








C_2009282EN.01004701.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/47





Order of the Court of First Instance of 24 September 2009 — Viasat Broadcasting UK v Commission
(Case T-16/05) (1)

(State aid - Recapitalisation of a public service broadcaster following a first decision ordering the recovery of incompatible State aid - Decision not to raise objections - Annulment of the first decision - No need to adjudicate)
2009/C 282/89
Language of the case: Danish

Parties


Applicant: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by: S. Hjelmborg and M. Honoré, lawyers)

Defendant: Commission of the European Communities (represented by: H. Støvlbæk and M. Niejahr, Agents)

Interveners in support of the applicant: SBS TV A/S, formerly TV Danmark A/S (Skovlunde, Denmark); and SBS Danish Televsion Ltd, formerly Kanal 5 Denmark Ltd (Hounslow, Middlesex, United Kingdom) (represented inititially by D. Vandermeersch, K.-U. Karl, K. Nordlander and H. Peytz, and subsequently by D. Vandermeersch, K.-U. Karl and H. Peytz, lawyers)

Interveners in support of the defendant: Kingdom of Denmark, (represented by: J. Molde, Agent, and by P. Biering and K. Lundgaard Hansen, lawyers); and TV 2/Danmark A/S (Odense, Denmark) (represented by: O. Koktvedgaard and M. Thorninger, lawyers)

Re:

Application for annulment of Commission Decision C(2004) 3632 final of 6 October 2004 relating to the recapitalisation of TV 2/Danmark A/S.

Operative part of the order







1.


There is no further need to adjudicate on this action;










2.


Each party is ordered to bear its own costs.






(1)  OJ C 82, 2.4.2005.
Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
Date: 2009-09-24
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, civil aviation, control of State aid, exchange of information, military aircraft, transport infrastructure








C_2009230EN.01001601.xml










24.9.2009   


EN


Official Journal of the European Union


C 230/16





Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part 1 of Protocol 3 to the Surveillance and Court Agreement
2009/C 230/06
The EFTA Surveillance Authority raises no objections to the following measure:







Date of adoption of the decision


:


22 April 2009




Case number


:


65613




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


Investment in infrastructure at Skien — Geiteryggen Airport




Budget


:


NOK 32,875 million (approximately EUR 3,79 million)




Economic sectors


:


Aviation sector




Name and address of the granting authority


:







Municipality of Skien




Postboks 158




NO-3701 Skien




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/fieldsofwork/fieldstateaid/stateaidregistry/
Case T-12/05: Order of the Court of First Instance of 24 September 2009 — SBS TV and SBS Danish Television v Commission (State aid — Recapitalisation of a public service broadcaster following a first decision ordering recovery of incompatible State aid — Decision not to raise any objections — Annulment of the first decision — No need to adjudicate)
Date: 2009-09-24
Institutions: Court of First Instance
Subjects: Denmark, European Commission, State aid, action for annulment (EU), competition law, control of State aid, private media, public service, services of general interest








C_2009282EN.01004602.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/46





Order of the Court of First Instance of 24 September 2009 — SBS TV and SBS Danish Television v Commission
(Case T-12/05) (1)

(State aid - Recapitalisation of a public service broadcaster following a first decision ordering recovery of incompatible State aid - Decision not to raise any objections - Annulment of the first decision - No need to adjudicate)
2009/C 282/88
Language of the case: English

Parties


Applicants: SBS TV A/S, formerly TV Danmark A/S (Skovlunde, Denmark) and SBS Danish Television Ltd, formerly Kanal 5 Denmark Ltd (Hounslow, Middlesex, United Kingdom) (represented initially by D. Vandermeersch, T. Müller-Ibold, K. Nordlander and H. Peytz, and subsequently by D. Vandermeersch, H. Peytz and K.- U. Karl, lawyers)

Defendant: Commission of the European Communities (represented by: N. Kahn and M. Niejahr, Agents)

Intervener in support of the applicants: Viasat Broadcasting UK Ltd (West Drayton, Middlesex, United Kingdom) (represented by S. Hjelmborg and M. Honoré, lawyers)

Interveners in support of the defendant: Kingdom of Denmark (represented by J. Molde, Agent, and by P. Biering and K. Lundgaard Hansen, lawyers); and TV 2/Danmark A/S (Odense, Denmark) (represented by O. Koktvedgaard and M. Thorninger, lawyers)

Re:

Application for annulment of Commission Decision C (2004) 3632 final of 6 October 2004 relating to the recapitalisation of TV 2/Danmark A/S.

Operative part of the order







1.


There is no need to give a decision in the present action;










2.


Each party shall bear its own costs.






(1)  OJ C 69, 19.3.2005.
Case C-481/08 P: Order of the Court (Eighth Chamber) of 24 September 2009 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte (Appeals — Community trade mark — Word mark BioVisc — Opposition filed by the proprietor of Community and international word marks PROVISC and DUOVISC — Rejection of the opposition by the Board of Appeal of OHIM)
Date: 2009-09-24
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, pharmaceutical product, trade-mark law








C_2010011EN.01001001.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/10





Order of the Court (Eighth Chamber) of 24 September 2009 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte
(Case C-481/08 P) (1)

(Appeals - Community trade mark - Word mark BioVisc - Opposition filed by the proprietor of Community and international word marks PROVISC and DUOVISC - Rejection of the opposition by the Board of Appeal of OHIM)
2010/C 11/16
Language of the case: English

Parties


Appellant: Alcon Inc. (represented by: M. Graf, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by A. Folliard-Monguiral, acting as Agent), *Acri.Tec AG Gesellschaft für ophthalmologische Produkte (represented by: H. Förster, Rechtsanwalt)

Re:

Appeal brought against the judgment of the Court of First Instance (Fourth Chamber) in Case T-106/07 Alcon v OHIM and *Acri.Tec by which the Court of First Instance dismissed an action for annulment brought by the proprietor of the Community and international word marks ‘PROVISC’ and ‘DUOVISC’ for goods in Class 5 against Decision R 660/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2005 annulling the decision of the Opposition Division which refused registration of the word mark ‘BioVisc’ for goods in Class 5 in the context of the opposition filed by the applicant

Operative part of the order







1.


The appeal is dismissed.










2.


Alcon Inc. is ordered to pay the costs.






(1)  OJ C 19, 24.1.2009.