do-me/EUR-LEX huggingface dataset:
Case T-382/09: Action brought on 30 September 2009 — ERGO Versicherungsgruppe v OHIM — DeguDent (ERGO)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009297EN.01002301.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/23





Action brought on 30 September 2009 — ERGO Versicherungsgruppe v OHIM — DeguDent (ERGO)
(Case T-382/09)
2009/C 297/34
Language in which the application was lodged: German

Parties


Applicant: ERGO Versicherungsgruppe AG (Düsseldorf, Germany) (represented by: V. von Bomhard, A. Renck, T. Dolde and J. Pause, 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: DeguDent GmbH (Hanau on Main, Germany)

Forms of order sought







—


Annulment of the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 in Case R 44/2008-4;










—


Order the defendant or, in the case of an intervention by the other party to the proceedings before the defendant, the intervener to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: ERGO Versicherungsgruppe AG

Community trade mark concerned: The word mark ‘ERGO’ for goods and services in Classes 1 to 45 (Application No 3 292 638)

Proprietor of the mark or sign cited in the opposition proceedings: DeguDent GmbH

Mark or sign cited in opposition: The German word mark No 39 832 880 and the Community trade mark No 1 064 674‘CERGO’ for goods in Class 10, the opposition being brought only against the registration for goods in Classes 5 and 10

Decision of the Opposition Division: Opposition upheld

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement of the first sentence of Article 42(5) in conjunction with the first sentence of Article 64(1) and Article 76(1) of Regulation (EC) No 207/2009 (1), since the Board of Appeal did not fully decide on the appeal;
Infringement of Article 8(1)(b) of Regulation No 207/2009, since there is no likelihood of confusion between the opposing marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case T-55/07: Judgment of the Court of First Instance of 30 September 2009 — Netherlands v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Rural development support — Transitional measures — Concept of multi-annual expenditure — Article 4(2) and (3) of Regulation (EC) No 2603/1999)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Netherlands, action for annulment (EU), agricultural expenditure








C_2009282EN.01004101.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/41





Judgment of the Court of First Instance of 30 September 2009 — Netherlands v Commission
(Case T-55/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Rural development support - Transitional measures - Concept of ‘multi-annual expenditure’ - Article 4(2) and (3) of Regulation (EC) No 2603/1999)
2009/C 282/77
Language of the case: Dutch

Parties


Applicant: Kingdom of the Netherlands (represented by: initially H. Sevenster and M. de Grave, subsequently M. de Grave, C. Wissels and M. Noort, acting as Agents)

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

Re:

Application for partial annulment of Commission Decision 2006/932/EC of 14 December 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 355, p. 96) in so far as it relates to the Kingdom of the Netherlands and more particularly with regard to the financial correction applied to the reimbursement of ineligible expenditure in the framework of the EAGGF, Guarantee Section, for the year 2002 in the amount of EUR 5.67 million.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Order the Kingdom of the Netherlands to pay the costs.






(1)  OJ C 82, 14.04.2007.
Case T-193/08 P: Judgment of the Court of First Instance of 30 September 2009 — Skareby v Commission (Appeal — Staff case — Officials — Reports — Career development report — Appraisal year 2004 — Fixing of objectives and communication of appraisal criteria)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, professional career, staff assessment








C_2009282EN.01004502.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/45





Judgment of the Court of First Instance of 30 September 2009 — Skareby v Commission
(Case T-193/08 P) (1)

(Appeal - Staff case - Officials - Reports - Career development report - Appraisal year 2004 - Fixing of objectives and communication of appraisal criteria)
2009/C 282/86
Language of the case: French

Parties


Appellant: Carina Skareby (Louvain, Belgium) (represented by: S. Rodrigues and C. Bernard-Glanz, lawyers)

Other party to the proceedings: Commission of the European Communities (represented by: G. Berscheid and K. Herrmann, Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 6 March 2008 in Case F-46/06 Skareby v Commission, not published in the ECR, seeking to have that judgment set aside.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 6 March 2008 in Case F-46/06 Skareby v Commission, not published in the ECR, to the extent that the Civil Service Tribunal dismissed the claim based on the failure to fix objectives in advance, the failure to communicate the appraisal criteria in advance and Ms Carina Skareby's job description;










2.


Annuls the decision of 31 August 2005 establishing Ms Skareby's career development report for the period from 1 January to 31 December 2004 to the extent that it concerns point 6.1, entitled ‘Efficiency’;










3.


For the rest, dismisses the action brought before the Civil Service Tribunal as Case F-46/06;










4.


Orders the Commission of the European Communities to pay, in their entirety, the costs of the present instance and of the procedure before the Civil Service Tribunal.






(1)  OJ C 197, 2.8.2008.
Case T-183/06: Judgment of the Court of First Instance of 30 September 2009 — Portugal v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Flax textile — Effectiveness of checks)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Portugal, action for annulment (EU), agricultural expenditure, flax








C_2009282EN.01004001.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/40





Judgment of the Court of First Instance of 30 September 2009 — Portugal v Commission
(Case T-183/06) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Flax textile - Effectiveness of checks)
2009/C 282/74
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, acting as Agent, assisted by C. Botelho Moniz and E. Maia Cadete, lawyers)

Defendant: Commission of the European Communities (represented by: M. Afonso, L. Parpala and F. Jimeno Fernández, acting as Agents)
Re:
Application for partial annulment of Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2006 L 124, p. 21).

Operative part of the judgment

The Court:






1.


Annuls Commission Decision 2006/334/EC of 28 April 2006 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) in so far as it excludes all of the expenditure incurred by the Portuguese Republic in the flax sector.










2.


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






(1)  OJ C 212, 2.9.2006.
2009/725/EC,Euratom: Council Decision of 30 September 2009 appointing a new Member of the Commission of the European Communities
Date: 2009-09-30
Institutions: Council of the European Union
Subjects: European Commission, appointment of members








L_2009258EN.01002601.xml










1.10.2009   


EN


Official Journal of the European Union


L 258/26








            COUNCIL DECISION
         
of 30 September 2009
         
appointing a new Member of the Commission of the European Communities
(2009/725/EC, Euratom)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,


Whereas, in a letter dated 21 September 2009, Mr Ján FIGEĽ resigned from his post as a Member of the Commission with effect from 1 October 2009. He should be replaced for the remainder of his term of office,

HAS DECIDED AS FOLLOWS:



Article 1
Mr Maroš ŠEFČOVIČ is hereby appointed a Member of the Commission for the period from 1 October 2009 to 31 October 2009.


Article 2
This Decision shall take effect on 1 October 2009.


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




Done at Brussels, 30 September 2009.


For the Council


The President

C. BILDT
Case C-386/09: Reference for a preliminary ruling from the Cour de travail Bruxelles (Belgium) lodged on 30 September 2009 — Jhonny Briot v Randstad Interim, Sodexho SA, Council of the European Union
Date: 2009-09-30
Institutions: Court of Justice
Subjects: interpretation of the law, labour law, temporary employment, transfer of businesses, worker consultation, worker information








C_2009312EN.01001801.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/18





Reference for a preliminary ruling from the Cour de travail Bruxelles (Belgium) lodged on 30 September 2009 — Jhonny Briot v Randstad Interim, Sodexho SA, Council of the European Union
(Case C-386/09)
2009/C 312/29
Language of the case: French

Referring court

Cour du travail de Bruxelles

Parties to the main proceedings


Applicant: Jhonny Briot

Defendants: Randstad Interim, Sodexho SA and Council of the European Union

Questions referred







1.


Where, in the framework of a transfer of an undertaking within the meaning of Article 1(1) of Directive 2001/23, (1) it appears that the entity transferred, namely the staff restaurant of a Community institution, used a significant number of temporary agency workers under a framework contract concluded with various temporary employment agencies, must the temporary employment agency, or failing that the institution under whose control and direction the temporary workers worked, be regarded as an employer-transferor within the meaning of Article 2(1)(a) of that directive?
Where neither the temporary employment agency nor the undertaking using the worker can be recognised as having the status of employer-transferor, must the temporary agency workers be considered not to be entitled to the safeguards offered by Directive 2001/2003?










2.


Must Article 4(1) of Directive 2001/23/EC be interpreted as meaning that the non-renewal of the fixed-term contracts of employment of the temporary agency workers attributable to the transfer of the activity to which they were assigned disregards the prohibition laid down in that provision in such a way that those temporary agency workers must be regarded as still being available to the user on the date of the transfer?










3.


Must Article 3(1) of Directive 2001/23/EC, read where appropriate in conjunction with Article 2(2)(c), be interpreted as requiring the transferee to maintain an employment relationship with the temporary agency workers who were assigned to the activity that is being transferred or who must be regarded as still being available to the user on the date of the transfer?
If that question is answered in the affirmative, must Article 3(1) be interpreted as requiring the conclusion of an employment contract of indeterminate duration where the transferee is not a temporary employment agency and cannot conclude a temporary agency contract of employment?






(1)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).
Prior notification of a concentration (Case COMP/M.5549 — EDF/Segebel) Text with EEA relevance
Date: 2009-09-30
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy distribution, energy production, exchange of information, gas, merger control








C_2009235EN.01002601.xml










30.9.2009   


EN


Official Journal of the European Union


C 235/26





Prior notification of a concentration
(Case COMP/M.5549 — EDF/Segebel)
(Text with EEA relevance)
2009/C 235/05






1.


On 23 September 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Electricité de France S.A. (‘EDF’, France), belonging to the EDF Group, acquires within the meaning of Article 3(1)(b) of the Council Regulation control of SPE S.A. (‘SPE’, Belgium) through the acquisition, by way of purchase of the shares of Segebel S.A. (‘Segebel’, Belgium) which owns a 51 % equity interest in SPE.










2.


The business activities of the undertakings concerned are:






—


EDF Group: active in generation and wholesale trading of electricity; transmission, distribution and retail supply of electricity; and in gas wholesale, trading and supply in France, Belgium, the Netherlands and other countries,










—


SPE: active in the production of electricity and trading and supply of electricity and gas in Belgium, France and the Netherlands.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5549 — EDF/Segebel, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Case T-432/07: Judgment of the Court of First Instance of 30 September 2009 — France v Commission (EAGGF — Guarantee Section — Expenditure excluded from Community financing — Fruit and vegetables — Conditions for recognition of producers’ organisations)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, France, action for annulment (EU), commitment of expenditure, fruit, interpretation of the law, producer organisation, vegetable








C_2009282EN.01004202.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/42





Judgment of the Court of First Instance of 30 September 2009 — France v Commission
(Case T-432/07) (1)

(EAGGF - Guarantee Section - Expenditure excluded from Community financing - Fruit and vegetables - Conditions for recognition of producers’ organisations)
2009/C 282/79
Language of the case: French

Parties


Applicant: French Republic (represented by: G. de Bergues, A.L. During, acting as Agents)

Defendant: Commission of the European Communities (represented by: F. Clotuche-Duvieusart and F. Jimeno Fernández, Agents)

Re:

Application for annulment of Commission Decision 2007/647/EC of 3 October 2007 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2007 L 261, p. 28), in so far as it excludes certain expenditure incurred by the French Republic for producers’ organisations in the fruit and vegetable sector.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the French Republic to pay the costs.






(1)  OJ C 22, 26.01.2008.
Case T-161/05: Judgment of the Court of First Instance of 30 September 2009 — Hoechst v Commission (Competition — Agreements, decisions and concerted practices — Market for monochloroacetic acid — Decision finding an infringement of Article 81 EC — Market sharing and price-fixing — Attributability of the infringement — Fines — Proportionality — Cooperation — Aggravating circumstances — Repeated infringement — Access to the file — Report of the Hearing Officer — Order to bring the infringement to an end)
Date: 2009-09-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, horizontal agreement, restriction on competition, type of business








C_2009282EN.01003501.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/35





Judgment of the Court of First Instance of 30 September 2009 — Hoechst v Commission
(Case T-161/05) (1)

(Competition - Agreements, decisions and concerted practices - Market for monochloroacetic acid - Decision finding an infringement of Article 81 EC - Market sharing and price-fixing - Attributability of the infringement - Fines - Proportionality - Cooperation - Aggravating circumstances - Repeated infringement - Access to the file - Report of the Hearing Officer - Order to bring the infringement to an end)
2009/C 282/64
Language of the case: German

Parties


Applicant: Hoechst GmbH, formerly Hoechst AG (Frankfurt am Main, Germany) (represented initially by M. Klusmann and U. Itzen, and subsequently by M. Klusmann, U. Itzen and S. Thomas, lawyers)

Defendant: Commission of the European Communities (represented initially by A. Bouquet, F. Amato and M. Schneider, and subsequently by A. Bouquet and M. Kellerbauer, Agents)

Re:

Application, principally, for annulment of Articles 2 and 3 of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — MCAA) and, in the alternative, application for reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Sets the amount of the fine imposed on Hoechst AG in Article 2(b) of Commission Decision C(2004) 4876 final of 19 January 2005 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/E-1/37.773 — MCAA) at EUR 66 627 million;










2.


Dismisses the remainder of the action;










3.


Orders each party to bear its own costs.






(1)  OJ C 155, 25.6.2005.
Opinion of the European Economic and Social Committee on the Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals COM(2009) 268 final — 2009/0077 (COD)
Date: 2009-09-30
Institutions: European Economic and Social Committee
Subjects: ESC opinion, animal disease, domestic animal, health control, transport of animals, veterinary inspection








C_2009318EN.01012101.xml










23.12.2009   


EN


Official Journal of the European Union


C 318/121





Opinion of the European Economic and Social Committee on the ‘Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals’
COM(2009) 268 final — 2009/0077 (COD)
2009/C 318/23
On 30 June 2009 the Council decided to consult the European Economic and Social Committee, under Article 152, 4b) of the Treaty establishing the European Community, on the

‘Proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals’

Since the Committee unreservedly endorses the contents of the proposal and has already set out its views on the subject in its earlier opinions CES 1411/2000 and CESE 1705/2007 adopted on 29 November 2000 (1) and 12 December 2007 (2), it decided, at its 456th plenary session, held on 30 September-1 October 2009 (meeting of 30 September 2009), by 180 votes in favour and 9 abstentions to issue an opinion endorsing the proposal and to refer to the position it had taken in the above-mentioned document.

Brussels, 30 September 2009.


The President of the European Economic and Social Committee

Mario SEPI





(1)  EESC Opinion on the Proposal for a Regulation of the European Parliament and of the Council on the animal-health requirements applicable to non-commercial movement of pet animals - OJ C 116 of 20.4.2001, p. 54.

(2)  EESC Opinion on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movements of pet animals as regards the extension of the transitional period – OJ C 120 of 16.5.2008, p. 49.