do-me/EUR-LEX huggingface dataset:
Joined Cases T-427/04 and T-17/05: Judgment of the Court of First Instance of 30 November 2009 — France v Commission (State aid — France Télécom’s business tax regime for the years 1994 to 2002 — Decision declaring the aid incompatible with the common market and ordering its recovery — Advantage — Limitation period — Legitimate expectations — Legal certainty — Breach of essential procedural requirements — Collegiality — Rights of defence and procedural rights of other interested parties)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: European Commission, France, State aid, action for annulment (EU), control of State aid, tax system, telecommunications industry








C_2010024EN.01004601.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/46





Judgment of the Court of First Instance of 30 November 2009 — France v Commission
(Joined Cases T-427/04 and T-17/05) (1)

(State aid - France Télécom’s business tax regime for the years 1994 to 2002 - Decision declaring the aid incompatible with the common market and ordering its recovery - Advantage - Limitation period - Legitimate expectations - Legal certainty - Breach of essential procedural requirements - Collegiality - Rights of defence and procedural rights of other interested parties)
2010/C 24/79
Language of the case: French

Parties


Applicant: French Republic (represented initially by G. de Bergues, R. Abraham and S. Ramet, then by G. de Bergues, S. Ramet and E. Belliard and finally by G. de Bergues, E. Belliard and A.-L. Vendrolini, acting as Agents)

Defendant: Commission of the European Communities (represented by: C. Giolito and J. Buendia Sierra, acting as Agents)

Re:

Action for annulment of Commission Decision 2005/709/EC of 2 August 2004 concerning State aid paid by France to France Télécom (OJ 2005 L 269, p. 30).

Operative part of the judgment

The Court:






1.


dismisses the action;










2.


orders the Republic of France and France Télécom SA to pay the costs.






(1)  OJ C 19, 22.1.2005.
Case T-470/09: Action brought on 30 November 2009 — medi v OHIM (medi)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006202.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/62





Action brought on 30 November 2009 — medi v OHIM (medi)
(Case T-470/09)
2010/C 24/110
Language in which the application was lodged: German

Parties


Applicant: medi GmbH & Co. KG (Bayreuth, Germany) (represented by H. Lindner und D. Terheggen, lawyers)

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

Form of order sought







—


Annul the Decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 1 October 2009 in Case R 692/2008-4, insofar as the complaint was dismissed;










—


annul OHIM’s Decision of 26 February 2008 to refuse Community trade mark application No 5 378 021;










—


allow publication in full of Community trade mark application No 5 378 021;










—


order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: Word mark ‘medi’ for goods and services in Classes 1, 3, 5, 9, 10, 17, 35, 38, 39, 41, 42 and 44 (Application No 5 378 021)

Decision of the Examiner: Refusal of the application

Decision of the Board of Appeal: Partial annulment of the Examiner’s Decision

Pleas in law: Wrong application of Article 7(1)(b) of Regulation No 207/2009, (1) because the mark concerned does have the distinctive character required


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EC) No 1183/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications [Formaggio di Fossa di Sogliano (PDO)]
Date: 2009-11-30
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, product designation








L_2009317EN.01003401.xml










3.12.2009   


EN


Official Journal of the European Union


L 317/34








            COMMISSION REGULATION (EC) No 1183/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications [Formaggio di Fossa di Sogliano (PDO)]


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 ‘Formaggio di Fossa di Sogliano’ 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, 30 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 108, 12.5.2009, p. 15.




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

Class 1.3.   Cheeses

ITALY
Formaggio di Fossa di Sogliano (PDO)
Case T-479/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Garden)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006701.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/67





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Garden)
(Case T-479/09)
2010/C 24/118
Language in which the application was lodged: Spanish

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 1044/2008-4.










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bricocenter Italia S.r.l.

Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER Garden’ (Application No 4 935 144) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTER’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTER’ (No 989 046) in respect of services in Class 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.
Case T-481/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (maxi BRICOCENTRO)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006801.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/68





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (maxi BRICOCENTRO)
(Case T-481/09)
2010/C 24/120
Language in which the application was lodged: Spanish

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 – R 1046/2008-4.










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bricocenter S.r.l.

Community trade mark concerned: Figurative mark containing the word element ‘maxi BRICOCENTER’ (Application No 4 939 005) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTRO’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTRO’ (No 989 046) in respect of services in Classes 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.
Case T-483/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (Affiliato BRICO CENTER)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/69





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (Affiliato BRICO CENTER)
(Case T-483/09)
2010/C 24/122
Language in which the application was lodged: Spanish

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Italia Srl (Rozzano Milanofiori (Milan), Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 — R 1048/2008-4.










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bricocenter S.r.l.

Community trade mark concerned: Figurative mark containing the word element ‘Affiliato BRICOCENTER’ (Application No 4 939 344) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTRO’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTRO’ (No 989 046) in respect of services in Classes 35, 37 and 39.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.
Case F-83/07: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Zangerl-Posselt v Commission (Staff case — Open competition — Candidate not admitted to the practical and oral tests — Qualifications required — Concept of higher education — Age discrimination)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: EPSO, European Commission, Germany, action by staff, competition (EU), recognition of diplomas








C_2010024EN.01007101.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/71





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Zangerl-Posselt v Commission
(Case F-83/07) (1)

(Staff case - Open competition - Candidate not admitted to the practical and oral tests - Qualifications required - Concept of higher education - Age discrimination)
2010/C 24/128
Language of the case: German

Parties


Applicant: Brigitte Zangerl-Posselt (Merzig, Germany) (represented by: S. Paulmann, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Annulment of the decision of 18 June 2007 of the selection board of the competition for the establishment of a reserve list for assistants having as their main language German for secretarial duties (AST 1) not to admit the applicant to the practical and oral tests

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the European Commission, in addition to bearing its own costs, to pay two thirds of those incurred by Ms Zangerl-Posselt;










3.


Orders Ms Zangerl-Posselt to bear one third of her costs.






(1)  OJ C 235, 6.10.2007, p. 32.
2009/932/EC: Council Decision of 30 November 2009 appointing one Italian member of the Committee of the Regions
Date: 2009-11-30
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2009325EN.01000301.xml










11.12.2009   


EN


Official Journal of the European Union


L 325/3








            COUNCIL DECISION
         
of 30 November 2009
         
appointing one Italian member of the Committee of the Regions
(2009/932/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,


Having regard to the proposal of the Italian Government,

Whereas:







(1)


On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).












(2)


A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Piero MARRAZZO,





HAS DECIDED AS FOLLOWS:



Article 1
The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
Mr Massimo PINESCHI, Consigliere regionale, Regione Lazio


Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 30 November 2009.


For the Council


The President

B. ASK
            





(1)  
            OJ L 56, 25.2.2006, p. 75.
Commission Regulation (EC) No 1182/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Cornish Sardines (PGI))
Date: 2009-11-30
Institutions: European Commission
Subjects: United Kingdom, designation of origin, fresh fish, location of production, product designation, sea fish








L_2009317EN.01003201.xml










3.12.2009   


EN


Official Journal of the European Union


L 317/32








            COMMISSION REGULATION (EC) No 1182/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Cornish Sardines (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, the United Kingdom’s application to register the name ‘Cornish Sardines’ 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, 30 November 2009.


For the Commission

Mariann FISCHER BOEL
            

Member of the Commission






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

(2)  
            OJ C 108, 12.5.2009, p. 11.




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

Class 1.7.   Fresh fish, molluscs and crustaceans and products derived therefrom

UNITED KINGDOM
Cornish Sardines (PGI)
Case F-17/09: Order of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Meister v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Staff cases — Officials — Action for annulment — Carry-over of promotion points acquired earlier — Absence of act having adverse effect — Action for damages — Damages not quantified — Manifest inadmissibility)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Union Intellectual Property Office, action for annulment (EU), infringement of EU law, personnel administration








C_2010024EN.01007901.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/79





Order of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Meister v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
(Case F-17/09) (1)

(Staff cases - Officials - Action for annulment - Carry-over of promotion points acquired earlier - Absence of act having adverse effect - Action for damages - Damages not quantified - Manifest inadmissibility)
2010/C 24/149
Language of the case: German

Parties


Applicant: Herbert Meister (Muchamiel, Spain) (represented by: H.-J. Zimmermann, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero, Agent, assisted by D. Waelbroeck, lawyer)

Re:

Annulment of the dismissal of the applicant’s complaint regarding the defective and incorrect periodical report for the year 2008 and application for damages for the material loss allegedly suffered.

Operative part of the order







1.


Mr Meister’s action is dismissed as manifestly inadmissible;










2.


Mr Meister is ordered to bear his own costs and to pay the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).






(1)  OJ C 113, 16.05.2009, p. 46
Commission Opinion of 30 November 2009 relating to the plan to modify the disposal of radioactive waste arising from the STED Effluent and Waste Treatment Facility, established on the Cadarache site in France, in accordance with Article 37 of the Euratom Treaty
Date: 2009-11-30
Institutions: European Commission
Subjects: France, health risk, radioactive effluent, radioactive waste, storage of waste, waste management








C_2009295EN.01000401.xml










4.12.2009   


EN


Official Journal of the European Union


C 295/4






COMMISSION OPINION

of 30 November 2009
relating to the plan to modify the disposal of radioactive waste arising from the STED Effluent and Waste Treatment Facility, established on the Cadarache site in France, in accordance with Article 37 of the Euratom Treaty
(Only the French text is authentic)
2009/C 295/02
On 3 June 2009, the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the plan to modify the disposal of radioactive waste arising from the STED Effluent and Waste Treatment Facility, established on the Cadarache site in France.
On the basis of these data and following consultation with the Group of Experts, the Commission has drawn up the following opinion:






1.


The distance between the STED Effluent and Waste Treatment Facility and the nearest point of another Member State, in this case Italy and Spain, amounts to 110 km and 230 km respectively.










2.


The planned modification will involve an increase of the authorised discharge limit for gaseous tritium.










3.


During normal operating conditions, the planned modification will not cause an exposure liable to affect the health of the population in another Member State.










4.


Solid radioactive waste will temporarily be stored on site before being transferred to a disposal facility authorised by the French Government.










5.


In the event of unplanned releases of radioactive effluents which may follow an accident of the type and magnitude considered in the General Data, the doses received in another Member State will not be liable to affect the health of the population.




In conclusion, the Commission is of the opinion that the implementation of the plan to modify the disposal of radioactive waste from the STED Effluent and Waste Treatment Facility established on the Cadarache site in France, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in radioactive contamination of the water, soil or airspace of another Member State.

Done at Brussels, 30 November 2009.


For the Commission

Andris PIEBALGS


Member of the Commission
Case T-475/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010024EN.01006501.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/65





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
(Case T-475/09)
2010/C 24/114
Language in which the application was lodged: Spanish

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented by: P. López Ronda, G. Macías Bonilla, H.L. Curtis-Oliver and G. Marín Raigal, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Bricocenter Itailia Srl (Rozzano Milanofiori (Milan), Italy)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 — R 500/2008-4.










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Bricocenter Italia S.r.l.

Community trade mark concerned: Figurative mark containing the word element ‘BRICOCENTER’ (Application No 4 934 147) in respect of services in Class 35.

Proprietor of the mark or sign cited in the opposition proceedings: ATB Norte, SL.

Mark or sign cited in opposition: Figurative Community trade marks containing the word elements ‘CENTROS DE BRICOLAGE BRICOCENTRO’ (No 3 262 623) and ‘ATB CENTROS DE BRICOLAGE BRICOCENTRO’ (No 989 046) in respect of services in Classes 35, 37 and 39.

Decision of the Opposition Division: Opposition was upheld.

Decision of the Board of Appeal: Opposition Division’s decision annulled and the opposition rejected in its entirety.

Pleas in law: Incorrect interpretation and application of Article 8(1)(b) of Regulation No 207/2009.