do-me/EUR-LEX huggingface dataset:
Case F-3/09: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Roberto Ridolfi v Commission of the European Communities (Civil service — Officials — Officials posted to non-Member States — Education allowance with interest — Reassignment to headquarters — Retraining — Period of normal secondment — Articles 3 and 15 of Annex X to the Staff Regulations)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), civil servant, education grant, redemption, servant (EU)








C_2010024EN.01007701.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/77





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Roberto Ridolfi v Commission of the European Communities
(Case F-3/09) (1)

(Civil service - Officials - Officials posted to non-Member States - Education allowance with interest - Reassignment to headquarters - Retraining - Period of normal secondment - Articles 3 and 15 of Annex X to the Staff Regulations)
2010/C 24/143
Language of the case: French

Parties


Applicant: Roberto Ridolfi (Brussels, Belgium) (represented by: N. Lhoëst, lawyer)

Defendant: Commission of the European Communities (represented by: D. Martin and B. Eggers, acting as Agents)

Re:

Annulment of the Appointing Authority’s decision to refuse the applicant entitlement to reuse and retain the education allowance together with interest in respect of his two eldest children

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Ridolfi to pay the costs.






(1)  OJ C 55, 7.3.2009, p. 53.
Case F-54/09: Order of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Lebedef v Commission (Staff cases — Officials — Annual leave — Half-time secondment for the purposes of union representation — Unauthorised absence — Deduction from annual leave entitlement — Article 60 of the Staff Regulations — Action manifestly unfounded)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), paid leave, rest period








C_2010024EN.01007902.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 — Lebedef v Commission
(Case F-54/09) (1)

(Staff cases - Officials - Annual leave - Half-time secondment for the purposes of union representation - Unauthorised absence - Deduction from annual leave entitlement - Article 60 of the Staff Regulations - Action manifestly unfounded)
2010/C 24/150
Language of the case: French

Parties


Applicant: Giorgio Lebedef (Senningerberg, Luxembourg) (represented by: F. Frabetti, lawyer)

Defendant: Commission of the European Communities (represented by: J. Currall and G. Berscheid, Agents)

Re:

Annulment of several decisions concerning the deduction of 39 days of the applicant’s leave entitlement for 2008.

Operative part of the order







1.


The action is dismissed as manifestly unfounded in law;.










2.


Mr Lebedef is ordered to pay the costs in their entirety.






(1)  OJ C 167, 18.07.2009, p. 28
Commission Regulation (EC) No 1158/2009 of 30 November 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-11-30
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2009314EN.01000101.xml










1.12.2009   


EN


Official Journal of the European Union


L 314/1








            COMMISSION REGULATION (EC) No 1158/2009
of 30 November 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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),


Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 1 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


LA 


36,8 




MA 


36,7 




MK 


52,7 




TR 


63,0 




ZZ 


47,3 




0707 00 05 


MA 


59,4 




TR 


80,0 




ZZ 


69,7 




0709 90 70 


MA 


34,1 




TR 


128,4 




ZZ 


81,3 




0805 20 10 


MA 


72,6 




ZZ 


72,6 




0805 20 30 , 0805 20 50 , 0805 20 70 , 0805 20 90 


CN 


49,3 




HR 


39,1 




MA 


63,0 




TR 


78,0 




ZZ 


57,4 




0805 50 10 


AR 


64,7 




MA 


61,1 




TR 


70,7 




ZZ 


65,5 




0808 10 80 


AU 


142,2 




CA 


70,1 




CN 


108,9 




MK 


22,6 




US 


100,5 




ZA 


125,2 




ZZ 


94,9 




0808 20 50 


CN 


39,2 




TR 


91,0 




US 


258,9 




ZZ 


129,7 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Commission Regulation (EC) No 1176/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Redykołka (PDO))
Date: 2009-11-30
Institutions: European Commission
Subjects: Poland, cheese, designation of origin, location of production, product designation








L_2009314EN.01006201.xml










1.12.2009   


EN


Official Journal of the European Union


L 314/62








            COMMISSION REGULATION (EC) No 1176/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Redykołka (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, Poland’s application to register the name ‘Redykołka’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to 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 103, 5.5.2009, p. 21.




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

Class 1.3.   Cheeses

POLAND
Redykołka (PDO)
Case T-478/09: 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.01006602.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/66





Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
(Case T-478/09)
2010/C 24/117
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 1009/2008-4.










—


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 ‘BRICOCENTER’ (Application No 4 934 501) 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 goods 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-16/09: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — de Britto Patrício-Dias v Commission (Staff case — Officials — Reports — Career Development Report — 2007 Assessment procedure — Infringement of Article 43 of the Staff Regulations — Statement of reasons — Manifest error of assessment — Assessment of productivity based on part of the reference period)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), professional career, report








C_2010024EN.01007702.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/77





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — de Britto Patrício-Dias v Commission
(Case F-16/09) (1)

(Staff case - Officials - Reports - Career Development Report - 2007 Assessment procedure - Infringement of Article 43 of the Staff Regulations - Statement of reasons - Manifest error of assessment - Assessment of productivity based on part of the reference period)
2010/C 24/144
Language of the case: French

Parties


Applicant: Jorge de Britto Patrício-Dias (Brussels, Belgium) (represented by: L. Massaux, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Annulment of the decision to reject the applicant’s complaint against the decision concerning his assessment during the year 2007.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr de Britto Patrício-Dias to pay the costs.






(1)  OJ C 90, 18.4.2009, p. 41.
Case C-490/09: Action brought on 30 November 2009 — Commission of the European Communities v Grand-Duchy of Luxembourg
Date: 2009-11-30
Institutions: Court of Justice
Subjects: EU Member State, Luxembourg, action for failure to fulfil an obligation, freedom to provide services, health expenditure, medical examination, redemption, social security








C_2010037EN.01002102.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/21





Action brought on 30 November 2009 — Commission of the European Communities v Grand-Duchy of Luxembourg
(Case C-490/09)
2010/C 37/24
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: G. Rozet and E. Traversa, acting as Agents)

Defendant: Grand-Duchy of Luxembourg

Form of order sought







—


Declare that, by maintaining in force, in their current wording, Paragraph 24 of the Social Security Code which precludes the reimbursement of the costs of medical analyses carried out in another Member State by providing for those analyses to be reimbursed only by a paying third party, and Article 12 of the statutes of the Union des Caisses de Maladie (Union of Sickness funds) which subjects the reimbursement of medical analyses carried out in another Member State to full compliance with the dispensing conditions provided for by Luxembourg national conventions, the Grand-Duchy of Luxembourg has to fulfil its obligations under Article [49] EC Treaty;










—


order the Grand-Duchy of Luxembourg to pay the costs.





Pleas in law and main arguments

By its action, the European Commission claims that by maintaining in force the laws which preclude the reimbursement of medical analyses and medical laboratory tests carried out in other Member States, or which subject such reimbursement to full compliance with the dispensing conditions provided for by Luxembourg legislation, the defendant infringed the principle of the freedom to provide services set out in Article 49 EC.
The applicant observes, by way of example, that the national authorities reimburse the costs of analysis and testing only where they are carried out within a separate laboratory which fully complies with the provisions of Luxembourg law. However, in certain Member States, such analyses are not carried out in a laboratory, but by the doctors themselves.
According to the Commission, the restrictions at issue cannot be justified by an overriding requirement in the general interest and neither do they represent an essential and proportionate measure to achieve the aim of the protection of public health.
Opinion 1/08: Opinion of the Court (Grand Chamber) of 30 November 2009 — Commission of the European Communities (Opinion pursuant to Article 300(6) EC — General Agreement on Trade in Services (GATS) — Schedules of specific commitments — Conclusion of agreements on the grant of compensation for modification and withdrawal of certain commitments following the accession of new Member States to the European Union — Shared competence — Legal bases — Common commercial policy — Common transport policy)
Date: 2009-11-30
Institutions: Court of Justice
Subjects: European Commission, World Trade Organisation, competence of the Member States, division of powers, opinion, powers of the institutions (EU), ratification of an agreement








C_2011211EN.01000201.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/2





Opinion of the Court (Grand Chamber) of 30 November 2009 — Commission of the European Communities
(Opinion 1/08) (1)

(Opinion pursuant to Article 300(6) EC - General Agreement on Trade in Services (GATS) - Schedules of specific commitments - Conclusion of agreements on the grant of compensation for modification and withdrawal of certain commitments following the accession of new Member States to the European Union - Shared competence - Legal bases - Common commercial policy - Common transport policy)
2011/C 211/02
Language of the case: all the official languages

Parties


Applicant: Commission of the European Communities

Re:

Request for an Opinion — World Trade Organisation (WTO) — General Agreement on Trade in Services (GATS) — Schedules of specific commitments concerning market access and the grant of national treatment — Agreements relating to the modification and withdrawal of specific commitments following the accession of new Member States to the European Union and to the compensatory adjustments for WTO members affected by that modification and withdrawal — Nature of the Community’s competence (exclusive or shared) to conclude such agreements and appropriate legal bases — Scope of the common commercial policy and the common transport policy respectively

Operative part







1.


The conclusion of the agreements with the affected members of the World Trade Organisation, pursuant to Article XXI of the General Agreement on Trade in Services (GATS), as described in the request for an Opinion, falls within the sphere of shared competence of the European Community and the Member States.










2.


The Community act concluding the abovementioned agreements must be based both on Article 133(1), (5) and (6), second subparagraph, EC and on Articles 71 EC and 80(2) EC, in conjunction with Article 300(2) and (3), first subparagraph, EC.






(1)  OJ C 183, 19.7.2008.
Case T-474/09: Action brought on 30 November 2009 — Fercal Consultadoria e Serviços v OHIM
Date: 2009-11-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), footwear industry, trade-mark law








C_2010063EN.01004703.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/47





Action brought on 30 November 2009 — Fercal Consultadoria e Serviços v OHIM
(Case T-474/09)
2010/C 63/84
Language in which the application was lodged: Portuguese

Parties


Applicant: Fercal — Consultadoria e Serviços, Ltda (Lisbon, Portugal) (represented by: A. Rodrigues, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Jacson of Scandinavia AB (Vollsjö, Sweden)

Form of order sought







—


Annulment of the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (O.H.I.M.) of 18 August 2009 in Case R 1253/2008-2 and, in consequence, maintenance in the register of Community trade mark No 1 077 858‘JACKSON SHOES’





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: JACKSON SHOES

Proprietor of the Community trade mark: applicant

Applicant for the declaration of invalidity: other party to the proceedings before the Board of Appeal

Trade mark right of applicant for the declaration: Swedish name mark ‘JACSON OF SCANDINAVIA AB’

Decision of the Cancellation Division: application for declaration of invalidity granted

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Articles 8(4) and 53(1)(c) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark, because there is no likelihood of confusion between the trade mark ‘JACKSON SHOES’ and the trade mark ‘JACSON OF SCANDINAVIA AB’.
Although there are graphic and phonetic similarities between the names JACKSON and JACSON, the signs must be compared by taking them in their entirety: ‘JACKSON SHOES’/‘JACSON OF SCANDINAVIA AB’.
It is impossible to recognise (merely on the basis of a Swedish business name) an exclusive right in all the Member States of the European Union to use a name commonly used in many other countries of the Union by thousands of people and by other undertakings, thus constituting a sign of little distinctive character. In consequence, third parties cannot be prevented from again using that sign or another sign resembling it in combination with other elements.
In addition, an average consumer will easily realise that these are different kinds of distinctive signs: one consists of a name mark and the other of a business name, in this case with the addition of the letters AB.
Case F-55/08: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — De Nicola v European Investment Bank (Staff case — Staff of the European Investment Bank — Assessment — Promotion — Sickness insurance — Repayment of medical expenses — Psychological harassment — Duty to have regard to the welfare of officials — Action for damages — Jurisdiction of the Tribunal — Admissibility)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, equal treatment, servant (EU), work contract








C_2010024EN.01007401.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/74





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — De Nicola v European Investment Bank
(Case F-55/08) (1)

(Staff case - Staff of the European Investment Bank - Assessment - Promotion - Sickness insurance - Repayment of medical expenses - Psychological harassment - Duty to have regard to the welfare of officials - Action for damages - Jurisdiction of the Tribunal - Admissibility)
2010/C 24/136
Language of the case: Italian

Parties


Applicant: Carlo De Nicola (Strassen, Luxembourg) (represented by: L. Isola, lawyer)

Defendant: European Investment Bank (represented by: G. Nuvoli and F. Martin, Agents, assisted by d’A. Dal Ferro, lawyer)

Re:

First, annulment, in part, of the decision of the Appeals Committee concerning the assessment of the applicant for 2006 and, second, a declaration that the applicant has been the victim of psychological harassment and an order that the defendant desist from such conduct and compensate the non-material and material damage suffered.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the applicant to pay the costs.






(1)  OJ C 209, 15.8.2008, p. 73.
Case F-10/09: Order of the Civil Service Tribunal of 30 November 2009 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: Eurofound, action for annulment (EU), damages, psychological harassment, sexual discrimination, sexual harassment








C_2010024EN.01008203.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/82





Order of the Civil Service Tribunal of 30 November 2009 — Moschonaki v European Foundation for the Improvement of Living and Working Conditions
(Case F-10/09) (1)

2010/C 24/159

Language of the case: French

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


(1)  OJ C 82, 4.4.2009, p. 37.