do-me/EUR-LEX huggingface dataset:
Case C-252/09: Order of the President of the Court of 19 November 2009 — Commission of the European Communities v Portuguese Republic
Date: 2009-11-19
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, approximation of laws, property market, real property, securities








C_2010051EN.01002904.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/29





Order of the President of the Court of 19 November 2009 — Commission of the European Communities v Portuguese Republic
(Case C-252/09) (1)

2010/C 51/56

Language of the case: Portuguese

The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 205, 29.8.2009.
Case F-71/08: Judgment of the Civil Service Tribunal (First Chamber) of 19 November 2009 — N v Parliament (Staff case — Officials — Appraisal — Staff report — Setting of objectives — Manifest error of assessment — Admissibility — Act which does not adversely affect an official)
Date: 2009-11-19
Institutions: Civil Service Tribunal
Subjects: European Parliament, action for annulment (EU), report, staff assessment








C_2010024EN.01007402.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/74





Judgment of the Civil Service Tribunal (First Chamber) of 19 November 2009 — N v Parliament
(Case F-71/08) (1)

(Staff case - Officials - Appraisal - Staff report - Setting of objectives - Manifest error of assessment - Admissibility - Act which does not adversely affect an official)
2010/C 24/137
Language of the case: French

Parties


Applicant: N (Brussels, Belgium) (represented by: É. Boigelot, lawyer)

Defendant: European Parliament (represented by: K. Zejdová, R. Ignătescu and S. Seyr, acting as Agents)

Re:

Annulment of the applicant’s staff report for the period from 16/8/2006 to 31/12/2006.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the Secretary General of the European Parliament of 12 September 2007 adopting N’s definitive staff report for the period from 16 August 2006 to 31 December 2006;










2.


Rejects the remainder of the application;










3.


Orders the European Parliament to pay the costs.






(1)  OJ C 272, 25.10.2008, p. 51.
Joined Cases T-64/07 to T-66/07: Judgment of the Court of First Instance of 19 November 2009 — Agencja Wydawnicza Technopol v OHIM (350, 250 and 150) (Community trade mark — Applications for Community word marks 350, 250 and 150 — Absolute grounds 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, action for annulment (EU), pulp and paper industry, trade-mark law








C_2010011EN.01002203.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 — Agencja Wydawnicza Technopol v OHIM (350, 250 and 150)
(Joined Cases T-64/07 to T-66/07) (1)

(Community trade mark - Applications for Community word marks 350, 250 and 150 - Absolute grounds 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 11/42
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:

Three actions brought against the decisions of the Fourth Board of Appeal of OHIM of 21 December 2006 (Cases R 1033/2006-4, R 1034/2006-4 and R 1035/2006-4) concerning applications for registration of word marks 350, 250 and 150 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 95, 28.4.2007.
Opinion of the Advisory Committee on Mergers given at its meeting of 14 May 2009 regarding a draft Decision relating to Case COMP/M.4994 — 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.01000601.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 14 May 2009 regarding a draft Decision relating to Case COMP/M.4994 — Electrabel/Compagnie Nationale du Rhône
Rapporteur: Latvia
2009/C 279/05






1.


The Advisory Committee agrees with the Commission that Electrabel has negligently put into effect a concentration in breach of Article 7(1) of the Old Merger Regulation (Council Regulation (EEC) No 4064/89 (1)).










2.


The Advisory Committee agrees with the Commission that the infringement of Article 7(1) of the Merger Regulation constitutes a case of qualified negligence that cannot be ignored.










3.


The Advisory Committee agrees with the Commission that Electrabel must be fined in accordance to Article 14 of the Merger Regulation.






(1)  OJ L 395, 30.12.1989, p. 1.
Prior notification of a concentration (Case COMP/M.5704 — JBS/Bertin) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-11-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, fresh meat, holding company, investment company, meat product, merger control








C_2009279EN.01002901.xml










19.11.2009   


EN


Official Journal of the European Union


C 279/29





Prior notification of a concentration
(Case COMP/M.5704 — JBS/Bertin)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 279/15






1.


On 6 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings J&F Participações S.A. (‘J&F’, Brazil) and ZMF Fundo de Investimento em Participações (‘ZMF’, Brazil) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of parts of the undertakings JBS S.A. (‘JBS’, Brazil) and Bertin S.A. (‘Bertin’, Brazil) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for J&F: family owned holding company,










—


for ZMF: investment fund,










—


JBS: manufacture of fresh and processed meat,










—


Bertin: manufacture of fresh and processed meat.














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.5704 — JBS/Bertin, 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.