do-me/EUR-LEX huggingface dataset:
Case T-376/09: Action brought on 25 September 2009 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)
Date: 2009-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), catering industry, clothing industry, education, financial services, footwear industry, insurance, leather industry, leisure, social facilities, trade-mark law








C_2009282EN.01005702.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/57





Action brought on 25 September 2009 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)
(Case T-376/09)
2009/C 282/107
Language in which the application was lodged: English

Parties


Applicant: Glenton España, SA (Madrid, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

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

Other party to the proceedings before the Board of Appeal: The Polo/Lauren Company L.P. (New York, United States)

Form of order sought







—


Admit the application;










—


Overturn the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in case R 594/2008-2;










—


Order the defendant to bear the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark “POLO SANTA MARIA”, for goods and services in classes 18, 25, 36, 41 and 43

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Benelux trade mark registration of the figurative mark “device of a silhouette of a polo player” for goods in classes 18 and 25

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Annulled partially the contested decision

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned
Decision of the EEA Joint Committee No 101/2009 of 25 September 2009 amending Annex XX (Environment) to the EEA Agreement
Date: 2009-09-25
Institutions: EEA Joint Committee
Subjects: computer, computer systems, eco-label, polishing and scouring preparations, pulp and paper industry, television




L_2009304EN.01001801.xml










19.11.2009   


EN


Official Journal of the European Union


L 304/18








            DECISION OF THE EEA JOINT COMMITTEE
         
No 101/2009
of 25 September 2009
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 88/2009 of 3 July 2009 (1).












(2)


Commission Decision 2008/962/EC of 15 December 2008 amending Decisions 2001/405/EC, 2002/255/EC, 2002/371/EC, 2002/740/EC, 2002/741/EC, 2005/341/EC and 2005/343/EC in order to prolong the validity of the ecological criteria for the award of the Community eco-label to certain products (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
Annex XX to the Agreement shall be amended as follows:






1.


the following indent shall be added in points 2f (Commission Decision 2002/371/EC), 2i (Commission Decision 2001/405/EC), 2j (Commission Decision 2002/255/EC), 2w (Commission Decision 2002/740/EC) and 2x (Commission Decision 2002/741/EC):






‘—



32008 D 0962: Commission Decision 2008/962/EC of 15 December 2008 (OJ L 340, 19.12.2008, p. 115).’;














2.


the following shall be added in points 2q (Commission Decision 2005/341/EC) and 2s (Commission Decision 2005/343/EC):

                              ‘, as amended by:






—



32008 D 0962: Commission Decision 2008/962/EC of 15 December 2008 (OJ L 340, 19.12.2008, p. 115).’
                                 










Article 2
The text of Decision 2008/962/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 277, 22.10.2009, p. 40.

(2)  
            OJ L 340, 19.12.2008, p. 115.

(*1)  No constitutional requirements indicated.
Case T-373/09: Action brought on 25 September 2009 — El Corte Inglés v OHIM — Pucci International (Emidio Tucci)
Date: 2009-09-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009282EN.01005601.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/56





Action brought on 25 September 2009 — El Corte Inglés v OHIM — Pucci International (Emidio Tucci)
(Case T-373/09)
2009/C 282/105
Language in which the application was lodged: Spanish

Parties


Applicant: El Corte Inglés (Madrid, Spain) (represented by: J. Rivas Zurdo, 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: Emilio Pucci International BV (Amsterdam, Netherlands)

Form of order sought







—


annul the decision of 18 June 2009 of the Second Board of Appeal of OHIM in Joined Cases 770/2008-2 and 826/2008-2 in so far as, by partially upholding the applicant and the opponent's applications, it rejects the Community mark 3 679 591 with respect to classes 3, 18, 24, 25 and for ‘articles for cleaning purposes; steelwool’ in class 21;










—


allow registration of Community mark No 3 679 591‘EMIDIO TUCCI’ in its entirety;










—


order the party or parties opposing this application to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: Figurative mark ‘EMIDIO TUCCI’ (Application No 3 679 594) in handwritten letters for goods and services in classes 1 and 45.

Proprietor of the mark or sign cited in the opposition proceedings: EMILIO PUCCI INTERNATIONAL B.V.

Mark or sign cited in opposition: Community figurative mark ‘EMILIO PUCCI’ No 203570 (classes 18 and 24), Italian word marks No 769250 (Classes 3, 14, 18, 21, 24, 25 and 33) and No 274991 (classes 9, 12, 18, 20, 26, 27 and 34) and Italian word mark No 275894 (classes 14, 18, 24 and 25).

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Appeals brought by the applicant and the opponent partially upheld.

Pleas in law: Incorrect interpretation of Article 8(1)(b) and 8(5) of Regulation No 207/2009.
Euro exchange rates
Date: 2009-09-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2009231EN.01000201.xml










25.9.2009   


EN


Official Journal of the European Union


C 231/2





Euro exchange rates (1)

24 September 2009
2009/C 231/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4768




JPY


Japanese yen


133,85




DKK


Danish krone


7,4420




GBP


Pound sterling


0,91065




SEK


Swedish krona


10,1105




CHF


Swiss franc


1,5117




ISK


Iceland króna


 




NOK


Norwegian krone


8,5100




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,159




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


270,15




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7075




PLN


Polish zloty


4,1686




RON


Romanian leu


4,2090




TRY


Turkish lira


2,1860




AUD


Australian dollar


1,6880




CAD


Canadian dollar


1,5843




HKD


Hong Kong dollar


11,4457




NZD


New Zealand dollar


2,0391




SGD


Singapore dollar


2,0849




KRW


South Korean won


1 766,10




ZAR


South African rand


10,9090




CNY


Chinese yuan renminbi


10,0824




HRK


Croatian kuna


7,2740




IDR


Indonesian rupiah


14 257,22




MYR


Malaysian ringgit


5,1149




PHP


Philippine peso


69,859




RUB


Russian rouble


44,2590




THB


Thai baht


49,539




BRL


Brazilian real


2,6401




MXN


Mexican peso


19,7197




INR


Indian rupee


70,8490






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 104/2009 of 25 September 2009 amending Annex XXII (Company law) to the EEA Agreement
Date: 2009-09-25
Institutions: EEA Joint Committee
Subjects: accounting, capital market, financial transaction, information, international standard, management accounting, standardised accounting system




L_2009304EN.01002301.xml










19.11.2009   


EN


Official Journal of the European Union


L 304/23








            DECISION OF THE EEA JOINT COMMITTEE
         
No 104/2009
of 25 September 2009
         
amending Annex XXII (Company law) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXII to the Agreement was amended by Decision of the EEA Joint Committee No 74/2009 of 29 May 2009 (1).












(2)


Commission Regulation (EC) No 254/2009 of 25 March 2009 amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards International Financial Reporting Interpretations Committee’s (IFRIC) Interpretation 12 (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 10ba (Commission Regulation (EC) No 1126/2008) of Annex XXII to the Agreement:






‘—



32009 R 0254: Commission Regulation (EC) No 254/2009 of 25 March 2009 (OJ L 80, 26.3.2009, p. 5).’






Article 2
The text of Regulation (EC) No 254/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 232, 3.9.2009, p. 37.

(2)  
            OJ L 80, 26.3.2009, p. 5.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 95/2009 of 25 September 2009 amending Annex VII (Recognition of professional qualifications) to the EEA Agreement
Date: 2009-09-25
Institutions: EEA Joint Committee
Subjects: Denmark, optics, physician, recognition of vocational training qualifications




L_2009304EN.01000601.xml










19.11.2009   


EN


Official Journal of the European Union


L 304/6








            DECISION OF THE EEA JOINT COMMITTEE
         
No 95/2009
of 25 September 2009
         
amending Annex VII (Recognition of professional qualifications) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex VII to the Agreement was amended by Decision of the EEA Joint Committee No 127/2008 of 5 December 2008 (1).












(2)


Commission Regulation (EC) No 279/2009 of 6 April 2009 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 1 (Directive 2005/36/EC of the European Parliament and of the Council) of Annex VII to the Agreement:






‘—



32009 R 0279: Commission Regulation (EC) No 279/2009 of 6 April 2009 (OJ L 93, 7.4.2009, p. 11).’






Article 2
The text of Regulation (EC) No 279/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 25, 29.1.2009, p. 33.

(2)  
            OJ L 93, 7.4.2009, p. 11.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 102/2009 of 25 September 2009 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2009-09-25
Institutions: EEA Joint Committee
Subjects: EU programme, EU statistics, Eurostat, confidentiality, directory, disclosure of information, harmonisation of standards, information system




L_2009304EN.01002001.xml










19.11.2009   


EN


Official Journal of the European Union


L 304/20








            DECISION OF THE EEA JOINT COMMITTEE
         
No 102/2009
of 25 September 2009
         
amending Annex XXI (Statistics) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 89/2009 of 3 July 2009 (1).












(2)


Commission Regulation (EC) No 192/2009 of 11 March 2009 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and Member States (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 4b (Regulation (EC) No 177/2008 of the European Parliament and of the Council) of Annex XXI to the Agreement:






‘4ba.



32009 R 0192: Commission Regulation (EC) No 192/2009 of 11 March 2009 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and Member States (OJ L 67, 12.3.2009, p. 14).’






Article 2
The text of Regulation (EC) No 192/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 26 September 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 25 September 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 277, 22.10.2009, p. 41.

(2)  
            OJ L 67, 12.3.2009, p. 14.

(*1)  No constitutional requirements indicated.