do-me/EUR-LEX huggingface dataset:
Case T-461/09: Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
Date: 2009-11-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information processing, information technology industry, trade-mark law, travel








C_2010024EN.01005802.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/58





Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
(Case T-461/09)
2010/C 24/104
Language in which the application was lodged: English

Parties


Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cheapflights Ltd (London, United Kingdom)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 August 2009 in case R 1607/2007-4;










—


Dismiss the appeal filed by the other party to the proceedings before the Board of Appeal against the decision of the Opposition Division of the defendant of 10 August 2007 in opposition proceedings B 849 150;










—


Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal, should it decide to become an intervener in this case.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark in black and white “Cheapflights”, for services in classes 38, 39, 41, 42, 43 and 44

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

Mark or sign cited: Irish trade mark registration of the figurative sign in colour “CheapFlights”, for services in classes 35, 36, 38, 39, 41, 42, 43 and 44; Irish trade mark application of the word mark “CHEAPFLIGHTS”, for services in classes 35, 39 and 43; Irish trade mark registration of the word mark “CHEAPFLIGHTS”, for services in classes 38, 41, 42 and 44; Irish trade mark registration of the figurative sign “CheapFlights.ie”, for service in classes 35, 39, 41, 42 and 43; International trade mark registration of the figurative sign “CheapFlights”, for services in classes 35, 38, 39 and 42

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition in its entirety

Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was no likelihood of confusion between the trade marks concerned.
Case T-252/08: Order of the Court of First Instance (Third Chamber) of 16 November 2009 — Tipik v Commission
Date: 2009-11-16
Institutions: Court of First Instance
Subjects: European Commission, Internet site, action for annulment (EU), award of contract, information technology, invitation to tender, joint venture








C_2010011EN.01003803.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/38





Order of the Court of First Instance (Third Chamber) of 16 November 2009 — Tipik v Commission
(Case T-252/08) (1)

2010/C 11/72

Language of the case: French

The President of the Court of First Instance (Third Chamber) has ordered that the case be removed from the register.


(1)  OJ C 209, 15.8.2008.
Case T-460/09: Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
Date: 2009-11-16
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information processing, information technology industry, trade-mark law, travel








C_2010024EN.01005801.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/58





Action brought on 16 November 2009 — CheapFlights International v OHIM — Cheapflights (Cheapflights)
(Case T-460/09)
2010/C 24/103
Language in which the application was lodged: English

Parties


Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: H. Hartwig and A. von Mühlendahl, lawyers)

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

Other party to the proceedings before the Board of Appeal: Cheapflights Ltd (London, United Kingdom)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 August 2009 in case R 1356/2007-4;










—


Dismiss the appeal filed by the other party to the proceedings before the Board of Appeal against the decision of the Opposition Division of the defendant of 22 June 2007 in opposition proceedings B 806 531;










—


Order the defendant to pay the costs, including those incurred by the applicant before the Board of Appeal; and










—


Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, including those incurred by the applicant before the Board of Appeal, should it decide to become an intervener in this case.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark “Cheapflights”, for goods and services in classes 9, 16, 35, 38, 39, 41, 42, 43 and 44

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

Mark or sign cited: Irish trade mark registration of the figurative sign “CheapFlights”, for services in classes 35, 36, 38, 39, 41, 42, 43 and 44; Irish trade mark application of the word mark “CHEAPFLIGHTS”, for services in classes 35, 39 and 43; Irish trade mark registration of the word mark “CHEAPFLIGHTS”, for services in classes 38, 41, 42 and 44; Irish trade mark registration of the figurative sign “CheapFlights.ie”, for service in classes 35, 39, 41, 42 and 43; International trade mark registration of the figurative sign “CheapFlights”, for services in classes 35, 38, 39 and 42

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Annulled the contested decision and rejected the opposition in its entirety

Pleas in law: Infringement of Articles 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly held that there was no likelihood of confusion between the trade marks concerned.
Case C-445/09: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven lodged on 16 November 2009 — 1. IMC Securities BV, 2. Stichting Autoriteit Financiële Markten
Date: 2009-11-16
Institutions: Court of Justice
Subjects: financial legislation, financial market, financial transaction, insider trading, interpretation of the law, securities, stock exchange








C_2010024EN.01002901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/29





Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven lodged on 16 November 2009 — 1. IMC Securities BV, 2. Stichting Autoriteit Financiële Markten
(Case C-445/09)
2010/C 24/53
Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings


Applicants: 1. IMC Securities BV 2. Stichting Autoriteit Financiële Markten

Question referred

Must the second indent of Article 1(2)(a) of the Market Abuse Directive (1) be interpreted as meaning that the bringing about of price changes in a time span such as that at issue through the commission of a combination of acts with a financial instrument, namely transactions and orders to trade as described …, should be regarded as the ‘securing’ of such an instrument at an abnormal or artificial level?


(1)  Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) (OJ 2003 L 96, p. 16)
Case F-97/09: Action brought on 16 November 2009 — Taillard v Parliament
Date: 2009-11-16
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action by staff, incapacity for work, personnel administration, rest period








C_2010024EN.01008102.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/81





Action brought on 16 November 2009 — Taillard v Parliament
(Case F-97/09)
2010/C 24/156
Language of the case: French

Parties


Applicant: Christine Taillard (Thionville, France) (represented by: N. Camboine and C. Lelievre, lawyers)

Defendant: European Parliament

Subject-matter and description of the proceedings

First, annulment of the decision of the European Parliament declaring inadmissible a medical certificate certifying the applicant’s incapacity to work and the resulting decision to deduct a day’s leave. Second, compensation for the loss suffered by the applicant.

Form of order sought







—


declare the present action admissible;










—


annul the decision of the European Parliament of 15 January 2009 declaring inadmissible a medical certificate certifying an incapacity to work and the resulting decision to deduct a day’s leave and, in so far as it is necessary, the confirmatory decision of 14 August 2009;










—


declare the European Parliament responsible for the loss suffered by the applicant, accordingly award the applicant damages in the sum of EUR 12 000 or any other sum including a higher one to be determined by the Tribunal;










—


order the European Parliament to pay the costs.