do-me/EUR-LEX huggingface dataset:
Case T-427/09: Action brought on 22 October 2009 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)
Date: 2009-10-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), brand name, piping, trade-mark law








C_2009312EN.01003902.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/39





Action brought on 22 October 2009 — centrotherm Clean Solutions v OHIM — Centrotherm Systemtechnik (CENTROTHERM)
(Case T-427/09)
2009/C 312/65
Language in which the application was lodged: German

Parties


Applicant: centrotherm Clean Solutions GmbH & Co KG (Blaubeuren, Germany) (represented by: O. Löffel, 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: Centrotherm Systemtechnik GmbH (Brilon, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 25 August 2009 in Case R 6/2008-4, in so far as the application for a declaration of revocation was dismissed in respect of the following goods:






—


Class 11 — Heating exhausts; chimney flues; boiler pipes for heating installations; brackets for gas burners; mechanical parts for heating installations; mechanical parts for gas installations; accumulators; chimney blowers;










—


Class 17 — Pipe links; pipe sockets; pipe fittings; tubes; all of the above goods not made out of metal;










—


Class 19 — Pipes; piping, in particular for construction purposes; branch pipes; chimney pipes;














—


Order OHIM to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘CENTROTHERM’ for goods and services in Classes 11, 17, 19 and 42 (Community trade mark No 1 301 019)

Proprietor of the Community trade mark: Centrotherm Systemtechnik GmbH

Applicant for the declaration of invalidity: The applicant

Decision of the Cancellation Division: Revocation of the Community trade mark

Decision of the Board of Appeal: Annulment in part of the decision of the Cancellation Division and partial revocation of the Community trade mark

Pleas in law: Infringement of Article 51(1)(a) of Regulation No 207/2009 (1) in conjunction with Rule 40(5) and Rule 22(2) and (3) of Regulation (EC) No 2868/95, (2) in so far as the proof of use submitted by the proprietor of the trade mark was found to be sufficient so as to establish a genuine use of the trade mark at issue for the purposes of Article 15 of Regulation No 207/2009.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

(2)  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 F-10/08: Order of the Civil Service Tribunal (Second Chamber) of 22 October 2009 — Aayhan and Others v European Parliament (No need to adjudicate)
Date: 2009-10-22
Institutions: Civil Service Tribunal
Subjects: European Parliament, action by staff, action for annulment (EU), contract staff, work contract








C_2009312EN.01004301.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/43





Order of the Civil Service Tribunal (Second Chamber) of 22 October 2009 — Aayhan and Others v European Parliament
(Case F-10/08) (1)

(No need to adjudicate)
2009/C 312/70
Language of the case: French

Parties


Applicants: Laleh Aayhan (Strasbourg, France) and Others (represented by: R. Blindauer, lawyer)

Defendant: European Parliament (represented by: M. Mustapha-Pacha and R. Ignătescu, later by R. Ignătescu and S. Seyr, Agents)

Re:

Annulment of the European Parliament's decision of 25 October 2007 rejecting the complaint brought by the applicants on 21 June 2007 for the purpose of having all the fixed-term contracts between them and the Parliament converted into a single contract for an indefinite period.

Operative part of the order







1.


There is no need to adjudicate in Case F-10/08 Aayhan and Others v Parliament;










2.


The applicants are ordered to bear their own costs and to pay the European Parliament's costs.






(1)  OJ C 64, 8.03.2008, p. 70
Euro exchange rates
Date: 2009-10-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2009252EN.01000101.xml










22.10.2009   


EN


Official Journal of the European Union


C 252/1





Euro exchange rates (1)

21 October 2009
2009/C 252/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4921




JPY


Japanese yen


135,82




DKK


Danish krone


7,4434




GBP


Pound sterling


0,90010




SEK


Swedish krona


10,3155




CHF


Swiss franc


1,5112




ISK


Iceland króna


 




NOK


Norwegian krone


8,3280




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,879




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,32




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7090




PLN


Polish zloty


4,1780




RON


Romanian leu


4,2915




TRY


Turkish lira


2,1883




AUD


Australian dollar


1,6175




CAD


Canadian dollar


1,5754




HKD


Hong Kong dollar


11,5639




NZD


New Zealand dollar


1,9862




SGD


Singapore dollar


2,0833




KRW


South Korean won


1 759,50




ZAR


South African rand


11,0655




CNY


Chinese yuan renminbi


10,1870




HRK


Croatian kuna


7,2210




IDR


Indonesian rupiah


14 067,93




MYR


Malaysian ringgit


5,0396




PHP


Philippine peso


69,994




RUB


Russian rouble


43,5890




THB


Thai baht


49,903




BRL


Brazilian real


2,6193




MXN


Mexican peso


19,4570




INR


Indian rupee


69,3230






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5665 — CD & R/CMH/JDHI) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-10-22
Institutions: European Commission
Subjects: economic concentration, exchange of information, holding company, investment company, merger control, polishing and scouring preparations








C_2009252EN.01001201.xml










22.10.2009   


EN


Official Journal of the European Union


C 252/12





Prior notification of a concentration
(Case COMP/M.5665 — CD & R/CMH/JDHI)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 252/04






1.


On 12 October 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Clayton, Dubilier & Rice Fund VIII, L.P. (‘CD & R Fund VIII’, U.S.A.) and Commercial Markets Holdco., Inc. (‘CMH’, U.S.A.) acquire within the meaning of Article 3(1)(b) of the Regulation joint control of JohnsonDiversey Holdings, Inc. (‘JDHI’, U.S.A.) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


CD & R Fund VIII is a private equity fund that belongs to the Clayton, Dubilier & Rice private equity investment group based in the U.S.A. Clayton, Dubilier & Rice make its investments through a number of different funds that hold a portfolio of companies active in a variety of different economic sectors,










—


CMH is a family controlled holding company with no business other than holding shares in JDHI,










—


JDHI is the owner of essentially all of the shares of the operating company JohnsonDiversey, Inc. (Wisconsin, U.S.A.), a worldwide supplier of cleaning, hygiene and sanitizing products, equipment and related services to the institutional and industrial cleaning and sanitation markets.














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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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.5665 — CD & R/CMH/JDHI, 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.

(2)  OJ C 56, 5.3.2005, p. 32.
Prior notification of a concentration (Case COMP/M.5646 — PH LLP/BIDCO/Just Retirement) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-10-22
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial services, investment company, merger control, private investment








C_2009252EN.01001701.xml










22.10.2009   


EN


Official Journal of the European Union


C 252/17





Prior notification of a concentration
(Case COMP/M.5646 — PH LLP/BIDCO/Just Retirement)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 252/08






1.


On 14 October 2009, the Commission received the notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Avalon Acquisitions Limited, a special purpose vehicle which is controlled by Permira IV Fund, will acquire, within the meaning of Article 3(1)(b) of the EC Merger Regulation, sole control of Just Retirement (Holdings) Plc.










2.


The business activities of the undertakings concerned are:






—


Just Retirement: provision of financial services to those at or in retirement; and,










—


Permira IV Fund: private equity fund.














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. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










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.5646 — PH LLP/BIDCO/Just Retirement, 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.

(2)  OJ C 56, 5.3.2005, p. 32.
Case C-116/08: Judgment of the Court (Third Chamber) of 22 October 2009 (reference for a preliminary ruling from the Hof van Cassatie van België (Belgium)) — C. Meerts v Proost NV (Directive 96/34/EC — Framework agreement on parental leave concluded by UNICE, CEEP and the ETUC — Interpretation of Clause 2.6 and 2.7 — Part-time parental leave — Dismissal of a worker before the end of parental leave without observing the statutory period of notice — Calculation of compensation)
Date: 2009-10-22
Institutions: Court of Justice
Subjects: dismissal, interpretation of the law, labour law, parental leave, severance pay








C_2009297EN.01000801.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/8





Judgment of the Court (Third Chamber) of 22 October 2009 (reference for a preliminary ruling from the Hof van Cassatie van België (Belgium)) — C. Meerts v Proost NV
(Case C-116/08) (1)

(Directive 96/34/EC - Framework agreement on parental leave concluded by UNICE, CEEP and the ETUC - Interpretation of Clause 2.6 and 2.7 - Part-time parental leave - Dismissal of a worker before the end of parental leave without observing the statutory period of notice - Calculation of compensation)
2009/C 297/05
Language of the case: Dutch

Referring court

Hof van Cassatie van België

Parties to the main proceedings


Appellant: C. Meerts

Respondent: Proost NV

Re:

Reference for a preliminary ruling — Hof van Cassatie van België — Interpretation of clauses 2.4 to 2.7 of the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, annexed to Council Directive 96/34/EC of 3 June 1996 (OJ 1996 L 145, p. 4) — Parental leave in the form of part-time working — Dismissal of the employee before the end of the period of parental leave without urgent cause or without observing the statutory period of notice — Calculation of payment in lieu of notice

Operative part of the judgment

Clause 2.6 and 2.7 of the framework agreement on parental leave concluded on 14 December 1995, which is annexed to Council Directive 96/34/EC of 3 June 1996 on the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 97/75/EC of 15 December 1997, must be interpreted as precluding, where an employer unilaterally terminates a worker’s full-time employment contract of indefinite duration, without urgent cause or without observing the statutory period of notice, whilst the worker is on part-time parental leave, the compensation to be paid to the worker from being determined on the basis of the reduced salary being received when the dismissal takes place.


(1)  OJ C 128, 24.5.2008.
Commission Regulation (EC) No 998/2009 of 22 October 2009 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-10-22
Institutions: European Commission
Subjects: award of contract, butter, export refund








L_2009278EN.01002301.xml










23.10.2009   


EN


Official Journal of the European Union


L 278/23








            COMMISSION REGULATION (EC) No 998/2009
of 22 October 2009
         
granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a permanent tender.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 20 October 2009.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 20 October 2009, no export refund shall be granted for the products and destinations referred to in points (a) and (b) of Article 1 and in Article 2 of that Regulation.


Article 2
This Regulation shall enter into force on 23 October 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Decision of the EEA Joint Committee No 114/2009 of 22 October 2009 amending Annex XXII (Company law) to the EEA Agreement
Date: 2009-10-22
Institutions: EEA Joint Committee
Subjects: Council of the European Union, European Economic Area, European Parliament, accounting, financial institution, international standard




L_2009334EN.01001601.xml










17.12.2009   


EN


Official Journal of the European Union


L 334/16








            DECISION OF THE EEA JOINT COMMITTEE
         
No 114/2009
of 22 October 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 104/2009 of 25 September 2009 (1).












(2)


Commission Regulation (EC) No 460/2009 of 4 June 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 16 (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 0460: Commission Regulation (EC) No 460/2009 of 4 June 2009 (OJ L 139, 5.6.2009, p. 6).’






Article 2
The text of Regulation (EC) No 460/2009 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 23 October 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, 22 October 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 304, 19.11.2009, p. 23.

(2)  
            OJ L 139, 5.6.2009, p. 6.

(*1)  No constitutional requirements indicated.
Commission Regulation (EC) No 991/2009 of 22 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Schwäbische Maultaschen or Schwäbische Suppenmaultaschen (PGI))
Date: 2009-10-22
Institutions: European Commission
Subjects: Germany, designation of origin, location of production, pasta, product designation








L_2009278EN.01000501.xml










23.10.2009   


EN


Official Journal of the European Union


L 278/5








            COMMISSION REGULATION (EC) No 991/2009
of 22 October 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Schwäbische Maultaschen or Schwäbische Suppenmaultaschen (PGI))


THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and to Article 17(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Schwäbische Maultaschen’ or ‘Schwäbische Suppenmaultaschen’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 October 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 41, 19.2.2009, p. 35.




ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.7.   Pasta

GERMANY
Schwäbische Maultaschen or Schwäbische Suppenmaultaschen (PGI)
Decision of the EEA Joint Committee No 115/2009 of 22 October 2009 amending Annex XXII (Company law) to the EEA Agreement
Date: 2009-10-22
Institutions: EEA Joint Committee
Subjects: European Economic Area, accounting, capital market, financial transaction, information processing, international standard, management accounting, standardised accounting system




L_2009334EN.01001701.xml










17.12.2009   


EN


Official Journal of the European Union


L 334/17








            DECISION OF THE EEA JOINT COMMITTEE
         
No 115/2009
of 22 October 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 104/2009 of 25 September 2009 (1).












(2)


Commission Regulation (EC) No 494/2009 of 3 June 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 Accounting Standard (IAS) 27 (2) is to be incorporated into the Agreement.












(3)


Commission Regulation (EC) No 495/2009 of 3 June 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 Standard (IFRS) 3 (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



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






‘—



32009 R 0494: Commission Regulation (EC) No 494/2009 of 3 June 2009 (OJ L 149, 12.6.2009, p. 6),










—



32009 R 0495: Commission Regulation (EC) No 495/2009 of 3 June 2009 (OJ L 149, 12.6.2009, p. 22).’






Article 2
The texts of Regulations (EC) No 494/2009 and (EC) No 495/2009 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 23 October 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, 22 October 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 304, 19.11.2009, p. 23.

(2)  
            OJ L 149, 12.6.2009, p. 6.

(3)  
            OJ L 149, 12.6.2009, p. 22.

(*1)  No constitutional requirements indicated.