do-me/EUR-LEX huggingface dataset:
Commission Regulation (EC) No 1083/2009 of 11 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Sobao Pasiego (PGI))
Date: 2009-11-11
Institutions: European Commission
Subjects: Spain, confectionery, designation of origin, location of production, pastry-making, product designation








L_2009295EN.01000701.xml










12.11.2009   


EN


Official Journal of the European Union


L 295/7








            COMMISSION REGULATION (EC) No 1083/2009
of 11 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Sobao Pasiego (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 in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Sobao Pasiego’ 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, this name should 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, 11 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 75, 31.3.2009, p. 41.




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

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker's wares

SPAIN
Sobao Pasiego (PGI)
Case C-441/09: Action brought on 11 November 2009 — Commission of the European Communities v Republic of Austria
Date: 2009-11-11
Institutions: Court of Justice
Subjects: Austria, European Commission, VAT, action for failure to fulfil an obligation, delivery, equidae, food production, live animal, tax relief








C_2010024EN.01002702.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/27





Action brought on 11 November 2009 — Commission of the European Communities v Republic of Austria
(Case C-441/09)
2010/C 24/50
Language of the case: German

Parties


Applicant: Commission of the European Communities (represented by: D. Triantafyllou and B.-R. Killmann, Agents)

Defendant: Republic of Austria

Form of order sought







—


declare that, by applying a reduced rate of value added tax (VAT) to the supply, importation and intra-Community acquisitions of certain live animals, in particular horses, not intended for use in the preparation of foodstuffs for human or animal consumption, the Republic of Austria has failed to fulfil its obligations under Article 96 and 98 in conjunction with Annex III of the Directive on the VAT system (1);










—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

The Commission is of the opinion that Austrian law on VAT infringes Article 96 and 98 in conjunction with Annex III of the Directive on the VAT system, by also applying a reduced rate of VAT to the supply of certain live animals (in particular horses), where those animals are not intended for the production of foodstuffs.
The expression ‘live animals’ in point 1 of Annex III to the Directive on the VAT system is not a separate category but encompasses only those animals which are normally used as foodstuffs for human or animal consumption. That interpretation is supported by the Spanish, French, English, Italian, Dutch, Portuguese and Swedish versions of that provision. In addition the fact that that provision is an exception requires according to settled case-law that it be interpreted strictly.
Particularly animals of the family of equids are clearly used principally as pack or riding animals (and not as foodstuffs for human or animal consumption).


(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).
Commission Regulation (EC) No 1081/2009 of 11 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Limone Interdonato Messina (PGI))
Date: 2009-11-11
Institutions: European Commission
Subjects: Italy, citrus fruit, designation of origin, location of production, product designation








L_2009295EN.01000301.xml










12.11.2009   


EN


Official Journal of the European Union


L 295/3








            COMMISSION REGULATION (EC) No 1081/2009
of 11 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Limone Interdonato Messina (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) of Regulation (EC) No 510/2006, Italy’s application to register the name ‘Limone Interdonato Messina’ 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, this name should 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, 11 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 74, 28.3.2009, p. 70.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty

Class 1.6.   Fruit, vegetables and cereals

ITALY
Limone Interdonato Messina (PGI)
Political and Security Committee Decision BiH/15/2009 of 11 November 2009 on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina
Date: 2009-11-11
Institutions: Political and Security Committee
Subjects: Bosnia and Herzegovina, appointment of staff, military intervention, military personnel, the EU's international role








L_2009299EN.01001701.xml










14.11.2009   


EN


Official Journal of the European Union


L 299/17








            POLITICAL AND SECURITY COMMITTEE DECISION BiH/15/2009
of 11 November 2009
         
on the appointment of an EU Force Commander for the European Union military operation in Bosnia and Herzegovina
(2009/836/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 25 thereof,


Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,

Whereas:







(1)


Pursuant to Article 6 of Joint Action 2004/570/CFSP, the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Force Commander.












(2)


On 21 November 2008, the PSC adopted Decision BiH/14/2008 (2) appointing Major General Stefano CASTAGNOTTO as EU Force Commander for the European Union military operation in Bosnia and Herzegovina.












(3)


The EU Operation Commander has recommended the appointment of Major General Bernhard BAIR as the new EU Force Commander for the European Union military operation in Bosnia and Herzegovina.












(4)


The EU Military Committee has supported the recommendation.












(5)


In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.












(6)


The Copenhagen European Council adopted on 12 and 13 December 2002 a Declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,





HAS DECIDED AS FOLLOWS:



Article 1
Major General Bernhard BAIR is hereby appointed EU Force Commander for the European Union military operation in Bosnia and Herzegovina.


Article 2
This Decision shall take effect on 4 December 2009.




Done at Brussels, 11 November 2009.


For the Political and Security Committee


The Chairman

O. SKOOG
            





(1)  
            OJ L 252, 28.7.2004, p. 10.

(2)  
            OJ L 319, 29.11.2008, p. 80.
Composition of the Chambers and attachment of the Judges to Chambers
Date: 2009-11-11
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, Court of Justice of the European Union, appointment of members, judge








C_2009270EN.01001801.xml










11.11.2009   


EN


Official Journal of the European Union


C 270/18





Composition of the Chambers and attachment of the Judges to Chambers
2009/C 270/06
By decision of 30 November 2005 (1), the Tribunal decided to sit in three Chambers and as a full Court. By decision of 24 September 2008 (2), for the period from 1 October 2008 to 30 September 2011, the Tribunal elected as President of the First Chamber Judge S. GERVASONI. By decision of 7 October 2009, for the period from 7 October 2009 to 30 September 2011, the Tribunal elected as President of the Second Chamber Judge H. TAGARAS and attached the Judges to the Chambers as follows:






 



First Chamber

S. GERVASONI, President of Chamber,
H. KREPPEL and M.I. ROFES I PUJOL, Judges,










 



Second Chamber

H. TAGARAS, President of Chamber,
I. BORUTA and S. VAN RAEPENBUSCH, Judges,










 



Third Chamber, sitting with three Judges

P. MAHONEY, President of the Tribunal,
H. KREPPEL, I. BORUTA, S. VAN RAEPENBUSCH and M.I. ROFES I PUJOL, Judges.




In the Third Chamber, the President will sit, alternately, either with Judges H. KREPPEL and S. VAN RAEPENBUSCH or with Judges I. BORUTA and M.I. ROFES I PUJOL, subject always to connections between cases.


(1)  OJ C 322, 17.12.2005, p. 16.

(2)  OJ C 272, 25.10.2008, p. 3.
Case T-150/08: Judgment of the Court of First Instance of 11 November 2009 — REWE-Zentral v OHIM — Aldi Einkauf (Clina) (Community trade mark — Opposition Proceedings — Application for the Community word mark Clina — Earlier Community word mark CLINAIR — Relative ground of refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-11-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), polishing and scouring preparations, trade-mark law








C_2009312EN.01002801.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/28





Judgment of the Court of First Instance of 11 November 2009 — REWE-Zentral v OHIM — Aldi Einkauf (Clina)
(Case T-150/08) (1)

(Community trade mark - Opposition Proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Relative ground of refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2009/C 312/45
Language of the case: German

Parties


Applicant: REWE-Zentral AG (Cologne, Germany) (represented by: M. Kinkeldey, A. Bognár and S. Schäffler, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Aldi Einkauf GmbH & Co. OHG (Essen, Germany) (represented by: N. Lützenrath, U. Rademacher, L. Kolks and C. Fürsen, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 (Case R 1484/2006-4) concerning opposition proceedings between Aldi Einkauf GmbH & Co. OHG and REWE-Zentral AG.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders REWE-Zentral AG to pay the costs.






(1)  OJ C 158, of 21.6.2008.
Non-opposition to a notified concentration (Case COMP/M.5589 — SONY/SEIKO EPSON) Text with EEA relevance
Date: 2009-11-11
Institutions: European Commission
Subjects: audiovisual equipment, disclosure of information, distributive trades, economic concentration, electronic equipment, financial services, high-definition television, merger control, restrictive-practice authorisation, screen








C_2009270EN.01000901.xml










11.11.2009   


EN


Official Journal of the European Union


C 270/9





Non-opposition to a notified concentration
(Case COMP/M.5589 — SONY/SEIKO EPSON)
(Text with EEA relevance)
2009/C 270/02
On 22 September 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5589. EUR-Lex is the on-line access to the European law.
Case T-277/08: Judgment of the Court of First Instance of 11 November 2009 — Bayer Healthcare LLC v OHIM — Uriach-Aquilea OTC (CITRACAL) (Community trade mark — Opposition proceedings — Application for Community word mark CITRACAL — Earlier national word mark CICATRAL — Relative ground for refusal — Likelihood of confusion — Similarity of the goods — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-11-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), dietary product, food supplement, trade-mark law








C_2009312EN.01002901.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/29





Judgment of the Court of First Instance of 11 November 2009 — Bayer Healthcare LLC v OHIM — Uriach-Aquilea OTC (CITRACAL)
(Case T-277/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark CITRACAL - Earlier national word mark CICATRAL - Relative ground for refusal - Likelihood of confusion - Similarity of the goods - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2009/C 312/47
Language of the case: English

Parties


Applicant: Bayer Healthcare LLC (Morristown, New Jersey, United States) (represented by: M. Edenborough, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Uriach-Aquilea OTC, SL (Palau-Solita i Plegamans, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 5 May 2008 (Case R 459/2007-4) relating to opposition proceedings between Uriach-Aquilea OTC, SL and Bayer Healthcare LLC

Operative part of the order







1.


Dismisses the action.










2.


Orders Bayer Healthcare LLC to pay the costs.






(1)  OJ C 236, 13.9.2008.
Designation of the judge to replace the President of the Tribunal for the purpose of dealing with applications for interim measures
Date: 2009-11-11
Institutions: Civil Service Tribunal
Subjects: Civil Service Tribunal, Court of Justice of the European Union, appointment of members, judge, president of an institution








C_2009270EN.01002001.xml










11.11.2009   


EN


Official Journal of the European Union


C 270/20





Designation of the judge to replace the President of the Tribunal for the purpose of dealing with applications for interim measures
2009/C 270/08
On 7 October 2009, in accordance with Article 103(2) of the Rules of Procedure, the Tribunal decided that, for the period from 1 October 2009 to 30 September 2010, Judge S. GERVASONI, President of the First Chamber, will replace the President of the Tribunal for the purpose of dealing with applications for interim measures in the event of the President's absence or his being prevented from attending.
Commission Regulation (EC) No 1082/2009 of 11 November 2009 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto di Norcia (PGI))
Date: 2009-11-11
Institutions: European Commission
Subjects: Italy, designation of origin, location of production, meat product, product designation








L_2009295EN.01000501.xml










12.11.2009   


EN


Official Journal of the European Union


L 295/5








            COMMISSION REGULATION (EC) No 1082/2009
of 11 November 2009
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto di Norcia (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)


In accordance with the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification of the protected geographical indication ‘Prosciutto di Norcia’ registered on the basis of Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1065/97 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union, as required by the first subparagraph of Article 6(2) of that Regulation (4). As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 11 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 156, 13.6.1997, p. 5.

(4)  
            OJ C 71, 25.3.2009, p. 21.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.2   Meat products (cooked, salted, smoked, etc.)

ITALY
Prosciutto di Norcia (PGI)
Withdrawal of notification of a concentration (Case COMP/M.5654 — Brookfield/BBI) Text with EEA relevance
Date: 2009-11-11
Institutions: European Commission
Subjects: economic concentration, energy distribution, exchange of information, financial institution, financial management, investment, merger control, property market, transport infrastructure








C_2009270EN.01003001.xml










11.11.2009   


EN


Official Journal of the European Union


C 270/30





Withdrawal of notification of a concentration
(Case COMP/M.5654 — Brookfield/BBI)
(Text with EEA relevance)
2009/C 270/11
(Council Regulation (EC) No 139/2004)
On 9 October 2009, the Commission of the European Communities received notification of a proposed concentration between Brookfield and BBI. On 4 November 2009, the notifying parties informed the Commission that they withdrew their notification.
Case T-162/08: Judgment of the Court of First Instance of 11 November 2009 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako) (Community trade mark — Opposition proceedings — Application for Community figurative mark GREEN by missako — Earlier national and Community figurative marks MI SA KO — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2009-11-11
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, consultancy, cosmetics industry, trade-mark law








C_2009312EN.01002802.xml










19.12.2009   


EN


Official Journal of the European Union


C 312/28





Judgment of the Court of First Instance of 11 November 2009 — Frag Comercio Internacional v OHIM — Tinkerbell Modas (GREEN by missako)
(Case T-162/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark GREEN by missako - Earlier national and Community figurative marks MI SA KO - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2009/C 312/46
Language of the case: English

Parties


Applicant: Frag Comercio Internacional, SL (Esparreguera, Spain) (represented by: E. Sugrañes Coca, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: W. Verburg, Agent,)

Other party to the proceedings before the Board of Appeal of OHIM: Tinkerbell Modas LTDA (São Paulo, Brazil)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 14 February 2008 (Case R 1527/2006–2) relating to opposition proceedings between Tinkerbell Modas LTDA and Frag Comercio Internacional, SL

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Frag Comercio Internacional, SL, to pay the costs.






(1)  OJ C 171, 5.7.2008.