do-me/EUR-LEX huggingface dataset:
Case T-420/09: Action brought on 19 October 2009 — BSA v OHIM — Loblaws (PRÉSIDENT)
Date: 2009-10-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, foodstuff, trade-mark law








C_2009312EN.01003702.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/37





Action brought on 19 October 2009 — BSA v OHIM — Loblaws (PRÉSIDENT)
(Case T-420/09)
2009/C 312/61
Language in which the application was lodged: French

Parties


Applicant: BSA (Paris, France) (represented by: D. Masson, 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: Loblaws, Inc.

Form of order sought







—


Annul the decision of 17 August 2009 of the Fourth Board of Appeal of OHIM, (Case R 1744/2008-4),










—


Order OHIM to pay the entire costs.





Pleas in law and main arguments


Applicant for a Community trade mark: BSA

Community trade mark concerned: the figurative mark ‘PRÉSIDENT’ for goods and services in Classes 5, 29, 30 and 42 — application for registration No 2 135 200

Proprietor of the mark or sign cited in the opposition proceedings: Loblaws, Inc.

Mark or sign cited in opposition: the French word mark ‘President’s Choice’ for goods in Classes 5, 30, 31 and 32 and the Community figurative mark ‘PRESIDENT’S CHOICE’ for goods in Classes 30, 31 and 32 (Community trade mark No 1 872 407)

Decision of the Opposition Division: partial upholding of the opposition

Decision of the Board of Appeal: dismissal of appeal as inadmissible

Pleas in law: infringement of Article 59 of Regulation (EC) No 40/94 [now Article 60 of Regulation (EC) No 207/2009] and of Article 71 of Regulation (EC) No 2868/95, (1) and of the principle of the right to be heard in accordance with Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.


(1)  Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1995 L 303, p. 1)
Case T-422/09: Action brought on 19 October 2009 — São Paulo Alpargatas v OHIM — Fischer (BAHANIAS LAS ORIGINALES)
Date: 2009-10-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), footwear industry, trade-mark law








C_2009297EN.01003302.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/33





Action brought on 19 October 2009 — São Paulo Alpargatas v OHIM — Fischer (BAHANIAS LAS ORIGINALES)
(Case T-422/09)
2009/C 297/51
Language in which the application was lodged: Spanish

Parties


Applicant: São Paulo Alpargatas, SA (represented by: P. Merino Baylos, 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: Enrique Fischer

Form of order sought







—


uphold the application and annul the decision of the Second Board of Appeal of OHIM of 17 August 2009, with all the appropriate consequences under Community law;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Enrique Fischer

Community trade mark concerned: Figurative mark containing the verbal component “BAHIANAS (LAS ORIGINALES)” (Application No 5 024 591) for goods in class 25.

Proprietor of the mark or sign cited in the opposition proceedings: The applicant.

Mark or sign cited in opposition: Community figurative mark containing the verbal component “havaianas” (No 3 772 431), Spanish figurative mark containing the verbal component “havaianas” (M 2 341 904) and Spanish word mark “HAVAIANAS” (M 2 341 905), all for goods in class 25.

Decision of the Opposition Division: Refusal of the application for a Community mark in its entirety.

Decision of the Board of Appeal: Annulment of the contested decision.

Pleas in law: Incorrect interpretation of Article 8(1)(b) of Regulation No 207/2009.
Commission Regulation (EC) No 974/2009 of 19 October 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-10-19
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2009274EN.01000101.xml










20.10.2009   


EN


Official Journal of the European Union


L 274/1








            COMMISSION REGULATION (EC) No 974/2009
of 19 October 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 20 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 October 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 


MA 


54,3 




MK 


27,3 




TR 


89,8 




ZZ 


57,1 




0707 00 05 


MK 


31,4 




TR 


92,8 




ZZ 


62,1 




0709 90 70 


TR 


81,6 




ZZ 


81,6 




0805 50 10 


AR 


53,7 




CL 


83,5 




TR 


77,6 




US 


56,3 




ZA 


77,9 




ZZ 


69,8 




0806 10 10 


BR 


220,9 




EG 


80,3 




TR 


112,4 




US 


205,1 




ZZ 


154,7 




0808 10 80 


AU 


175,3 




CL 


86,9 




CN 


78,3 




MK 


16,1 




NZ 


83,2 




US 


103,9 




ZA 


73,6 




ZZ 


88,2 




0808 20 50 


CN 


60,6 




TR 


85,0 




ZA 


70,1 




ZZ 


71,9 






(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-437/09: Action brought on 19 October 2009 — Oyster Cosmetics v OHIM — Kadabell (OYSTER COSMETICS)
Date: 2009-10-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, polishing and scouring preparations, trade-mark law








C_2010011EN.01003201.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/32





Action brought on 19 October 2009 — Oyster Cosmetics v OHIM — Kadabell (OYSTER COSMETICS)
(Case T-437/09)
2010/C 11/60
Language in which the application was lodged: English

Parties


Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal: Kadabell GmbH & Co. KG (Lenzkirch, Germany)

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 5 August 2009 in case R 1367/2008-1;










—


Order the adverse parties to bear the costs of the present proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark “OYSTER COSMETICS”, for goods in class 3

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: Community trade mark registration of the figurative mark “KADUS OYSTRA AUTO STOP PROTECTION” for goods in class 3

Decision of the Opposition Division: Allowed the opposition partially

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.
Council Joint Action 2009/795/CFSP of 19 October 2009 repealing Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic
Date: 2009-10-19
Institutions: Council of the European Union
Subjects: Central African Republic, Chad, common foreign and security policy, forces abroad, military cooperation, peacekeeping, the EU's international role








L_2009283EN.01006101.xml










30.10.2009   


EN


Official Journal of the European Union


L 283/61








            COUNCIL JOINT ACTION 2009/795/CFSP
of 19 October 2009
         
repealing Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 14 thereof,

Whereas:







(1)


On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP (1).












(2)


The EU military operation in the Republic of Chad and in the Central African Republic (Operation EUFOR Tchad/RCA) was launched on 28 January 2008 by Council Decision 2008/101/CFSP (2) and ended on 15 March 2009. Subsequently all forces have been redeployed from the area of operations.












(3)


By letter dated 7 July 2009 the EU Operation Commander notified the recovery of the EU force, and therefore Joint Action 2007/677/CFSP should be repealed, in accordance with Article 15(3) thereof.












(4)


Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (ATHENA) (3) determines the procedures for the audit and presentation of the accounts of an operation,





HAS ADOPTED THIS JOINT ACTION:



Article 1
Joint Action 2007/677/CFSP is hereby repealed. This repeal shall be without prejudice to the procedures laid down in Decision 2008/975/CFSP regarding the audit and presentation of the accounts of the operation.


Article 2
This Joint Action shall enter into force on the date of its adoption.


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




Done at Luxembourg, 19 October 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 279, 23.10.2007, p. 21.

(2)  
            OJ L 34, 8.2.2008, p. 39.

(3)  
            OJ L 345, 23.12.2008, p. 96.
Case F-85/09: Action brought on 19 October 2009 — Rossi Ferreras v Commission
Date: 2009-10-19
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment (EU), professional career, report








C_2009312EN.01004501.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/45





Action brought on 19 October 2009 — Rossi Ferreras v Commission
(Case F-85/09)
2009/C 312/74
Language of the case: French

Parties


Applicant: Francisco Rossi Ferreras (Luxembourg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities

Subject-matter and description of the proceedings

Action for annulment of the applicant's career development report for the period from 1 July 2001 to 31 December 2002.

Form of order sought







—


Annul the applicant's career development report for the period from 1 July 2001 to 31 December 2002;










—


Order the Commission of the Commission of the European Communities.
2009/805/EC: Council Decision of 19 October 2009 on the conclusion of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
Date: 2009-10-19
Institutions: Council of the European Union
Subjects: Switzerland, agricultural product, ratification of an agreement, trade agreement (EU), trading operation








L_2009288EN.01002201.xml










4.11.2009   


EN


Official Journal of the European Union


L 288/22








            COUNCIL DECISION
         
of 19 October 2009
         
on the conclusion of the Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products
(2009/805/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 133 and 152(4)(b), in conjunction with the first subparagraph of Article 300(3) thereof,


Having regard to the proposal from the Commission,


Having regard to the opinion of the European Parliament,

Whereas:







(1)


The Commission has negotiated, on behalf of the Community, an Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products.












(2)


The Agreement, together with the Final Act thereto, was signed, on behalf of the Community, on 23 December 2008 subject to its conclusion, in accordance with Council Decision 2008/979/EC (1).












(3)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Swiss Confederation amending Annex 11 to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (2), together with the Declaration attached to the Final Act thereto, is hereby approved on behalf of the Community.


Article 2
The President of the Council shall, on behalf of the Community, give the notification provided for in Article 2 of the Agreement (3).


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




Done at Luxembourg, 19 October 2009.


For the Council


The President

E. ERLANDSSON
            





(1)  
            OJ L 352, 31.12.2008, p. 23.

(2)  
            OJ L 352, 31.12.2008, p. 24.

(3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.