do-me/EUR-LEX huggingface dataset:
Case C-382/09: Reference for a preliminary ruling from the Augstākās tiesas Senāta Administratīvo lietu departaments lodged on 28 September 2009 — Stils Met SIA v Valsts ieņēmumu dienests
Date: 2009-09-28
Institutions: Court of Justice
Subjects: Taric, anti-dumping duty, dumping, fine, import, interpretation of the law, steel, tariff nomenclature








C_2009297EN.01001902.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/19





Reference for a preliminary ruling from the Augstākās tiesas Senāta Administratīvo lietu departaments lodged on 28 September 2009 — Stils Met SIA v Valsts ieņēmumu dienests
(Case C-382/09)
2009/C 297/26
Language of the case: Latvian

Referring court

Augstākās tiesas Senāta Administratīvo lietu departaments

Parties to the main proceedings


Applicant: Stils Met SIA

Defendant: Valsts ieņēmumu dienests

Questions referred







1.


Are TARIC codes 7312108219, 7312108419 and 7312108619 to be interpreted as meaning that, in 2004 and 2005, steel articles –ropes and cables not coated or only plated or coated with zinc– and, in particular, alloy steel not consigned from Moldova or Morocco, ought to have been classified under these codes, depending on their cross-sectional dimensions, irrespective of their chemical composition (excluding stainless steel)?










2.


Is Article 14(1) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community to be interpreted as precluding a penalty (fine) calculated on the amount of anti-dumping duties which is imposed on the basis of national legislation (Article 32(2) of the Law ‘Par nodokļiem un nodevām’) governing breaches of tax law?
Case T-383/09: Action brought on 28 September 2009 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEX)
Date: 2009-09-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009282EN.01006002.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/60





Action brought on 28 September 2009 — Fuller & Thaler Asset Management v OHIM (BEHAVIOURAL INDEX)
(Case T-383/09)
2009/C 282/112
Language of the case: English

Parties


Applicant(s): Fuller & Thaler Asset Management, Inc. (San Mateo, United States) (represented by S. Malynicz, Barrister)

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

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 11 June 2009 in case R 138/2009-1; and










—


Order the defendant to pay its own costs and those of the applicant





Pleas in law and main arguments


Community trade mark concerned: The word mark “BEHAVIOURAL INDEX” for goods and services in classes 9 and 36

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(c) of Council Regulation 207/2009 as the Board of Appeal (i) erred in relation to the meaning and syntax of the mark, as well as its aptness or otherwise as an immediate and direct descriptive term for the goods and services in question; (ii) failed to establish facts of its own motion that would show that the Community trade mark concerned was descriptive to the relevant public, even though it correctly concluded that the relevant public was specialised; and (iii) failed to take account of the public interest that underlies this ground for refusal and failed to establish on the evidence that there was, in the relevant specialised sphere, a reasonable likelihood that other traders in that sphere would wish to use the Community trade mark concerned in the future.
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 September 2009 regarding a draft decision relating to Case COMP/39.416 — Ship classification — Rapporteur: Slovakia
Date: 2009-09-28
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: advisory committee (EU), dominant position, opinion, restriction on competition, restrictive trade practice, technical standard, vessel








C_2010002EN.01000301.xml










6.1.2010   


EN


Official Journal of the European Union


C 2/3





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting of 28 September 2009 regarding a draft decision relating to Case COMP/39.416 — Ship classification
Rapporteur: Slovakia
2010/C 2/03






1.


The Advisory Committee shares the Commission's concerns as to the compatibility with Article 81 of the EC Treaty and Article 53 of the EEA Agreement of IACS' decisions as expressed in the draft decision communicated to the Advisory Committee on 11 September 2009.










2.


The Advisory Committee agrees with the Commission that the commitments offered by IACS are suitable, necessary and proportionate in order to meet the concerns expressed by the Commission in its draft decision.










3.


The Advisory Committee agrees with the Commission's view that the proceedings can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










4.


The Advisory Committee agrees with the Commission that, in light of the commitments offered by IACS, there are no longer grounds for action by the Commission, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










5.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-46/08 P: Order of the Court of First Instance of 28 September 2009 — Marcuccio v Commission (Appeal — Staff cases — Officials — Request for information regarding personal effects dispatched from the place of employment to the place of residence — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2009-09-28
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, damage, indemnification








C_2009282EN.01004801.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/48





Order of the Court of First Instance of 28 September 2009 — Marcuccio v Commission
(Case T-46/08 P) (1)

(Appeal - Staff cases - Officials - Request for information regarding personal effects dispatched from the place of employment to the place of residence - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2009/C 282/91
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, Agents, and by A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 6 December 2007 in Case F-40/06 Marcuccio v Commission, not yet published in the ECR), seeking to have that order set aside.

Operative part of the order







1.


The appeal is dismissed;










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay those incurred by the Commission in the appeal proceedings.






(1)  OJ C 79, 29.3.2008.
Commission Regulation (EC) No 894/2009 of 28 September 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-09-28
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit








L_2009256EN.01000101.xml










29.9.2009   


EN


Official Journal of the European Union


L 256/1








            COMMISSION REGULATION (EC) No 894/2009
of 28 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 29 September 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 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 


32,3 




ZZ 


32,3 




0707 00 05 


TR 


114,4 




ZZ 


114,4 




0709 90 70 


TR 


108,1 




ZZ 


108,1 




0805 50 10 


AR 


75,7 




CL 


106,0 




TR 


93,3 




UY 


57,0 




ZA 


72,3 




ZZ 


80,9 




0806 10 10 


EG 


109,7 




IL 


111,8 




TR 


98,3 




US 


190,3 




ZZ 


127,5 




0808 10 80 


AR 


62,2 




BR 


83,8 




CL 


84,7 




NZ 


80,8 




US 


83,8 




ZA 


74,4 




ZZ 


78,3 




0808 20 50 


AR 


81,8 




CN 


65,0 




TR 


101,7 




US 


161,5 




ZA 


71,0 




ZZ 


96,2 




0809 30 


TR 


110,4 




ZZ 


110,4 




0809 40 05 


IL 


117,2 




TR 


99,1 




ZZ 


108,2 






(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-374/09: Action brought on 28 September 2009 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
Date: 2009-09-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, jewellery and goldsmith's articles, leather industry, trade-mark law








C_2009282EN.01005701.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/57





Action brought on 28 September 2009 — Lorenz Shoe Group v OHIM — Fuzhou Fuan Leather Plastics Clothing Making (Ganeder)
(Case T-374/09)
2009/C 282/106
Language in which the application was lodged: German

Parties


Applicant: Lorenz Shoe Group AG (Taufkirchen, Austria) (represented by: M. Douglas, 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: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd (Fujian, People’s Republic of China)

Form of order sought







—


Annul the decision of the First Board of Appeal of 16 July 2009 in Case R 1289/2008-1;










—


Order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Fuzhou Fuan Leather Plastics Clothing Making Co. Ltd

Community trade mark concerned: the word mark ‘Ganeder’ for goods in Classes 14, 18 and 25 (Application No 5 108 774)

Proprietor of the mark or sign cited in the opposition proceedings: Lorenz Shoe Group AG (formerly shoe fashion group LORENZ AG)

Mark or sign cited in opposition: The word mark ‘Ganter’ for goods in Class 25 (Community trade mark No 469 262), in respect of opposition only to the registration for goods in that class

Decision of the Opposition Division: Dismissal of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is a 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).