do-me/EUR-LEX huggingface dataset:
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services (Text with EEA relevance)
Date: 2009-11-19
Institutions: European Commission
Subjects: Italy, air transport, airline, inland transport, public service, transport regulations








C_2009279EN.01002401.xml










19.11.2009   


EN


Official Journal of the European Union


C 279/24





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2009/C 279/12






Member State


Italy




Concerned routes








—


Alghero–Rome Fiumicino and return










—


Alghero–Milan Linate and return










—


Cagliari–Rome Fiumicino and return










—


Cagliari–Milan Linate and return










—


Olbia–Rome Fiumicino and return










—


Olbia–Milan Linate and return








Date of entry into force of the public service obligations


The day of publication of this notice




Address where the text and any relevant information and/or documentation related to the public service obligation can be obtained







Ente Nazionale per l'Aviazione Civile (ENAC)




Direzione Trasporto Aereo




Viale del Castro Pretorio 118




0185 Roma RM




ITALIA




Website: http://www.enac.gov.it




E-mail: osp@enac.gov.it
Case T-399/08: Judgment of the Court of First Instance of 19 November 2009 — Clearwire Corporation v OHIM (CLEARWIFI) (Community trade mark — International registration designating the European Community — Word mark CLEARWIFI — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2009-11-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, United States, action for annulment (EU), infringement of EU law, intellectual property, trade-mark law








C_2010011EN.01002601.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/26





Judgment of the Court of First Instance of 19 November 2009 — Clearwire Corporation v OHIM (CLEARWIFI)
(Case T-399/08) (1)

(Community trade mark - International registration designating the European Community - Word mark CLEARWIFI - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2010/C 11/50
Language of the case: English

Parties


Applicant: Clearwire Corporation (Kirkland, Washington (United States)) (represented by: G. Konrad, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 30 June 2008 (R 706/2008-1) concerning the international registration, designating the European Community, of the sign CLEARWIFI.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Clearwire Corp. to pay the costs.






(1)  OJ C 301, 22.11.2008.
Opinion of the Advisory Committee on Mergers given at its meeting of 4 June 2009 regarding a draft Decision relating to Case COMP/M.4994 (2) — Electrabel/Compagnie Nationale du Rhône — Rapporteur: Latvia
Date: 2009-11-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EC opinion, advisory committee (EU), economic concentration, electrical industry, fine, gas industry, merger control, technology








C_2009279EN.01000602.xml










19.11.2009   


EN


Official Journal of the European Union


C 279/6





Opinion of the Advisory Committee on Mergers given at its meeting of 4 June 2009 regarding a draft Decision relating to Case COMP/M.4994 (2) — Electrabel/Compagnie Nationale du Rhône
Rapporteur: Latvia
2009/C 279/06






1.


The Advisory Committee agrees with the factors that were taken into account when calculating the level of the fine for Electrabel SA pursuant to Article 14(2)(b) of Council Regulation (EEC) No 4064/89 (1). A minority abstain.










2.


The Advisory Committee agrees with the actual level of the fine proposed by the Commission. A minority abstain.










3.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union. A minority abstain.






(1)  OJ L 395, 30.12.1989, p. 1.
Joined Cases T-425/07 and T-426/07: Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (100 and 300) (Community trade mark — Applications for Community figurative marks 100 and 300 — Statement as to the scope of protection — Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No 207/2009) — Lack of distinctive character)
Date: 2009-11-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010011EN.01002402.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/24





Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (100 and 300)
(Joined Cases T-425/07 and T-426/07) (1)

(Community trade mark - Applications for Community figurative marks 100 and 300 - Statement as to the scope of protection - Article 38(2) of Regulation (EC) No 40/94 (now Article 37(2) of Regulation (EC) No 207/2009) - Lack of distinctive character)
2010/C 11/46
Language of the case: Polish

Parties


Applicant: Agencja Wydawnicza Technopol sp. z o.o. (Częstochowa, Poland) (represented by: D. Rzążewska, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and K. Zajfert, Agents)

Re:

Two actions brought against the decisions of the Fourth Board of Appeal of OHIM of 3 September 2007 (Cases R 1274/2006-4 and R 1275/2006-4), concerning the applications for registration of the figurative marks 100 and 300 as Community trade marks.

Operative part of the judgment

The Court:






1.


Dismisses the actions;










2.


Orders Agencja Wydawnicza Technopol sp. z o.o. to pay the costs.






(1)  OJ C 22, 26.1.2008.
Non-opposition to a notified concentration (Case COMP/M.5665 — CD&R/CMH/JDHI) Text with EEA relevance
Date: 2009-11-19
Institutions: European Commission
Subjects: disclosure of information, economic concentration, holding company, investment company, merger control, polishing and scouring preparations, restrictive-practice authorisation








C_2009279EN.01000401.xml










19.11.2009   


EN


Official Journal of the European Union


C 279/4





Non-opposition to a notified concentration
(Case COMP/M.5665 — CD&R/CMH/JDHI)
(Text with EEA relevance)
2009/C 279/02
On 12 November 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 32009M5665. EUR-Lex is the on-line access to the European law.
Case T-234/06: Judgment of the Court of First Instance of 19 November 2009 — Torresan v OHIM — Klosterbrauerei Weissenohe (CANNABIS) (Community trade mark — Invalidity proceedings — Community word mark CANNABIS — Absolute ground for refusal — Descriptive character — Articles 7(1)(c) and 51(1)(a) of Regulation (EC) No 40/94 (now Articles 7(1)(c) and 52(1)(a) of Regulation (EC) No 207/2009))
Date: 2009-11-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, beer, trade-mark law








C_2010011EN.01002201.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/22





Judgment of the Court of First Instance of 19 November 2009 — Torresan v OHIM — Klosterbrauerei Weissenohe (CANNABIS)
(Case T-234/06) (1)

(Community trade mark - Invalidity proceedings - Community word mark CANNABIS - Absolute ground for refusal - Descriptive character - Articles 7(1)(c) and 51(1)(a) of Regulation (EC) No 40/94 (now Articles 7(1)(c) and 52(1)(a) of Regulation (EC) No 207/2009))
2010/C 11/40
Language of the case: Italian

Parties


Applicant: Giampietro Torresan (Rothenburg, Switzerland) (represented by: G. Recher, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and O. Montalto, agents)

Other party/parties to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Klosterbrauerei Weissenohe GmbH & Co. KG (Weissonohe, Germany) (represented by: A. Masetti Zannini de Concina, M. Bucarelli and R. Cartella, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 June 2006 (Case R 517/2005-2) relating to invalidity proceedings between Klosterbrauerei Weissenohe GmbH & Co. KG and Giampietro Torresan.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Giampietro Torresan to pay the costs.






(1)  OJ C 261, 28.10.2006.
Euro exchange rates
Date: 2009-11-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2009279EN.01000501.xml










19.11.2009   


EN


Official Journal of the European Union


C 279/5





Euro exchange rates (1)

18 November 2009
2009/C 279/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4957




JPY


Japanese yen


133,39




DKK


Danish krone


7,4408




GBP


Pound sterling


0,88950




SEK


Swedish krona


10,2120




CHF


Swiss franc


1,5112




ISK


Iceland króna


 




NOK


Norwegian krone


8,3520




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,443




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,55




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7085




PLN


Polish zloty


4,0973




RON


Romanian leu


4,2800




TRY


Turkish lira


2,2150




AUD


Australian dollar


1,6026




CAD


Canadian dollar


1,5657




HKD


Hong Kong dollar


11,5917




NZD


New Zealand dollar


1,9959




SGD


Singapore dollar


2,0692




KRW


South Korean won


1 724,89




ZAR


South African rand


11,1031




CNY


Chinese yuan renminbi


10,2111




HRK


Croatian kuna


7,3170




IDR


Indonesian rupiah


14 079,05




MYR


Malaysian ringgit


5,0345




PHP


Philippine peso


69,944




RUB


Russian rouble


42,9048




THB


Thai baht


49,594




BRL


Brazilian real


2,5505




MXN


Mexican peso


19,3947




INR


Indian rupee


69,0420






(1)  Source: reference exchange rate published by the ECB.
Case C-540/07: Judgment of the Court (Second Chamber) of 19 November 2009 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Free movement of capital — Article 56 EC — Articles 31 and 40 of the EEA Agreement — Direct taxation — Withholding at source on outgoing dividends — Set-off at the place of establishment of the recipient of the dividend, pursuant to a convention for the avoidance of double taxation)
Date: 2009-11-19
Institutions: Court of Justice
Subjects: action for failure to fulfil an obligation, free movement of capital, organisation, right of establishment, tax on capital, tax system








C_2010024EN.01000501.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/5





Judgment of the Court (Second Chamber) of 19 November 2009 — Commission of the European Communities v Italian Republic
(Case C-540/07) (1)

(Failure of a Member State to fulfil obligations - Free movement of capital - Article 56 EC - Articles 31 and 40 of the EEA Agreement - Direct taxation - Withholding at source on outgoing dividends - Set-off at the place of establishment of the recipient of the dividend, pursuant to a convention for the avoidance of double taxation)
2010/C 24/07
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: R. Lyal and A. Aresu, Agents)

Defendant: Italian Republic (represented by: R. Adam, Agent, P. Gentili, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 56 EC and 40 EEA — Tax system more onerous, for dividends distributed to companies established in other Member States and in EEA States, than that applied to ‘domestic’ dividends

Operative part of the judgment

The Court:






1.


Declares that, by making dividends distributed to companies established in other Member States subject to a less favourable tax regime than that applied to dividends distributed to resident companies, the Italian Republic has failed to fulfil its obligations under Article 56(1) EC.;










2.


Dismisses the action as to the remainder.










3.


Orders the Italian Republic to pay three quarters of the costs. The Commission of the European Communities is ordered to pay the remaining quarter.






(1)  OJ C 37, 9.2.2008.
Case T-49/08 P: Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission (Appeal — Cross-appeal — Staff case — Officials — Staff Report — Career Development Report — 2003 Assessment period — Award of a merit mark in the absence of tasks to be carried out — Non-material loss — Duty of the Civil Service Tribunal to state reasons)
Date: 2009-11-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, personnel administration, staff assessment








C_2010011EN.01002501.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/25





Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission
(Case T-49/08 P) (1)

(Appeal - Cross-appeal - Staff case - Officials - Staff Report - Career Development Report - 2003 Assessment period - Award of a merit mark in the absence of tasks to be carried out - Non-material loss - Duty of the Civil Service Tribunal to state reasons)
2010/C 11/48
Language of the case: Greek

Parties


Appellant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and K. Herrmann, Agents, and E. Bourtzalas, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-67/05 Michail v Commission, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-67/05 Michail v Commission, not yet published in the ECR;










2.


Refers the case back to the Civil Service Tribunal;










3.


Orders that the costs be reserved.






(1)  OJ C 107, 26.4.2008.
Commission Regulation (EC) No 1114/2009 of 19 November 2009 granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2009-11-19
Institutions: European Commission
Subjects: award of contract, export refund, skimmed milk powder








L_2009306EN.01002001.xml










20.11.2009   


EN


Official Journal of the European Union


L 306/20








            COMMISSION REGULATION (EC) No 1114/2009
of 19 November 2009
         
granting no export refund for skimmed milk powder 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 standing invitation to tender procedure.












(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 17 November 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 17 November 2009, no export refund shall be granted for the product and destinations referred to in point (c) of Article 1 and in Article 2 respectively of that Regulation.


Article 2
This Regulation shall enter into force on 20 November 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 November 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.
Case T-50/08 P: Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission (Appeal — Staff case — Officials — Staff Report — Career Development Report — 2004 Assessment period — Duty of the Civil Service Tribunal to state reasons)
Date: 2009-11-19
Institutions: Court of First Instance
Subjects: European Commission, action by staff, administrator, appeal, professional career, psychological harassment, regulations for civil servants, staff assessment








C_2010011EN.01002502.xml










16.1.2010   


EN


Official Journal of the European Union


C 11/25





Judgment of the Court of First Instance of 19 November 2009 — Michail v Commission
(Case T-50/08 P) (1)

(Appeal - Staff case - Officials - Staff Report - Career Development Report - 2004 Assessment period - Duty of the Civil Service Tribunal to state reasons)
2010/C 11/49
Language of the case: Greek

Parties


Appellant: Christos Michail (Brussels, Belgium) (represented by: C. Meïdanis, lawyer)

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and K. Herrmann, Agents, and E. Bourtzalas, lawyer)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 22 November 2007 in Case F-34/06 Michail v Commission, not yet published in the ECR, seeking the setting aside of that judgment.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Mr Christos Michail to bear his own costs and to pay those incurred by the Commission of the European Communities in the context of the present instance.






(1)  OJ C 128, 24.5.2008.
Case C-454/09: Action brought on 19 November 2009 — Commission of the European Communities v Italian Republic
Date: 2009-11-19
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for failure to fulfil an obligation, aid for restructuring, control of State aid, industrial restructuring, redemption








C_2010024EN.01003301.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/33





Action brought on 19 November 2009 — Commission of the European Communities v Italian Republic
(Case C-454/09)
2010/C 24/60
Language of the case: Italian

Parties


Applicant: Commission of the European Communities (represented by: E. Righini and B. Stromsky, agents)

Defendant: Italian Republic

Form of order sought







—


Declare that, by failing to take, within the prescribed time-limits, all the measures necessary to withdraw the aid considered unlawful and incompatible with the common market by Commission Decision No 2008/697/EC (1) of 16 April 2008 on State Aid C 13/07 (ex NN 15/06 and N 734/06) implemented by Italy for New Interline (notified under document number C(2008) 1321 on 17 June 2008), the Italian Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and the EC Treaty.










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments

The time limit within which Italy was required to withdraw and recover the unlawfully paid aid expired four months after the date of notification of the decision in question. More than a year later, the Italian authorities have yet to adopt the measures necessary to implement the decision and recover the aid.


(1)  OJ 2008 L 235, p. 12.