do-me/EUR-LEX huggingface dataset:
2009/947/EC: Council Decision of 30 November 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
Date: 2009-11-30
Institutions: Council of the European Union
Subjects: Azerbaijan, agreement (EU), air transport, carrier, fuel tax, ratification of an agreement, transport licence, transportation tariff








L_2009328EN.01003901.xml










15.12.2009   


EN


Official Journal of the European Union


L 328/39








            COUNCIL DECISION
         
of 30 November 2009
         
on the conclusion of the Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
(2009/947/EC)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,


Having regard to the proposal from the Commission,


Having regard to the Opinion of the European Parliament (1),

Whereas:







(1)


On 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;












(2)


On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services (2) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement;












(3)


The Agreement has been signed on behalf of the Community on 7 July 2009 subject to its conclusion at a later date, in conformity with Council Decision 2009/741/EC (3);












(4)


The Agreement should be approved,





HAS DECIDED AS FOLLOWS:



Article 1
The Agreement between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services is hereby approved on behalf of the Community.


Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided in Article 8(1) of the Agreement.




Done at Brussels, 30 November 2009.


For the Council


The President

B. ASK
            





(1)  Opinion of 25 October 2005 (OJ C 272 E, 9.11.2006, p. 56).

(2)  
            OJ L 265, 9.10.2009, p. 25.

(3)  
            OJ L 265, 9.10.2009, p. 24.
Case C-482/09: Reference for a preliminary ruling from Court of Appeal (England   Wales) (Civil Division) (United Kingdom) made on 30 November 2009 — Budějovický Budvar, národní podnik v Anheuser-Busch, Inc.
Date: 2009-11-30
Institutions: Court of Justice
Subjects: EU trade mark, interpretation of the law, trade-mark law








C_2010024EN.01004201.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/42





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 30 November 2009 — Budějovický Budvar, národní podnik v Anheuser-Busch, Inc.
(Case C-482/09)
2010/C 24/72
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: Budějovický Budvar, národní podnik

Defendant: Anheuser-Busch, Inc.

Questions referred







1.


What is meant by ‘acquiesced’ in Article 9(1) of Council Directive 89/104/EEC (1) and in particular:






(a)


is ‘acquiesced’ a community law concept or is it open to the national court to apply national rules as to acquiescence (including delay or long established honest concurrent use)










(b)


if ‘acquiesced’ is a community law concept can the proprietor of a trade mark be held to have acquiesced in a long and well- established honest use of an identical mark by another when he has long known of that use but has been unable to prevent it?










(c)


in any case, is it necessary that the proprietor of a trade mark should have his trade mark registered before he can begin to ‘acquiesce’ in the use by another of (i) an identical or (ii) a confusingly similar mark?














2.


When does the period of ‘five successive years’ commence and in particular, can it commence (and if so can it expire) before the proprietor of the earlier trade mark obtains actual registration of his mark; and if so what conditions are necessary to set time running?










3.


Does Art 4(1)(a) of Council Directive 89/104/EEC apply so as to enable the proprietor of an earlier mark to prevail even where there has been a long period of honest concurrent use of two identical trade marks for identical goods so that the guarantee of origin of the earlier mark does not mean the mark signifies the goods of the proprietor of the earlier and none other but instead signifies his goods or the goods of the other user?






(1)  First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks
OJ L 40, p. 1
Case T-476/09: 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.01006502.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-476/09)
2010/C 24/115
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 1006/2008-4.










—


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 4 934 212) 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 C-491/09: Action brought on 30 November 2009 — Commission of the European Communities v Kingdom of Belgium
Date: 2009-11-30
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, company law, demerger, merger, national implementing measure, public limited company, report








C_2010024EN.01004301.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/43





Action brought on 30 November 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-491/09)
2010/C 24/74
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: J. Sénéchal and S. La Pergola, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought







—


Declare that, by failure to adopt the laws, regulations and administrative provisions necessary to implement Directive 2007/63/EC of the European Parliament and of the Council of 13 November 2007 amending Council Directives 78/855/EEC and 82/891/EEC as regards the requirement of an independent expert’s report on the occasion of merger or division of public limited liability companies (1) or in any event by failing to notify the Commission of the adoption of the necessary provisions for fully transposing the directive, the Kingdom of Belgium has failed to fulfil its obligations under Article 4 of the directive;










—


order Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The time-limit for transposing Directive 2007/63/CE expired on 31 December 2008. At the time the present action was lodged, the defendant had not yet adopted the necessary measures for the implementation of this directive, or had in any case not notified the Commission thereof.


(1)  OJ L 300, 17.11.2007, p. 47
Case T-482/09: Action brought on 30 November 2009 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Cittá)
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.01006802.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 (BRICO CENTER Cittá)
(Case T-482/09)
2010/C 24/121
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 1047/2008-4.










—


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 Città’ (Application No 4 939 302) 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) for 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-86/08: Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Voslamber v Commission (Staff case — Officials — Social Security — Joint Sickness Insurance Scheme — Spouse of a former official — Circumscribed powers — Article 13 of the Rules on Sickness Insurance for Officials of the European Communities)
Date: 2009-11-30
Institutions: Civil Service Tribunal
Subjects: European Commission, Germany, action for annulment (EU), fine, health insurance, matrimonial law, universal health coverage








C_2010024EN.01007502.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/75





Judgment of the Civil Service Tribunal (First Chamber) of 30 November 2009 — Voslamber v Commission
(Case F-86/08) (1)

(Staff case - Officials - Social Security - Joint Sickness Insurance Scheme - Spouse of a former official - Circumscribed powers - Article 13 of the Rules on Sickness Insurance for Officials of the European Communities)
2010/C 24/139
Language of the case: German

Parties


Applicant: Dietrich Voslamber (Freiburg, Germany) (represented by: L. Thielen, lawyer)

Defendant: European Commission (represented by: D. Martin and B. Eggers, Agents)

Re:

Annulment of the Commission’s decision of 9 July 2008, rejecting the applicant’s application for primary sickness insurance cover for his spouse pursuant to the Rules on Sickness Insurance for Officials of the European Communities.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Dismisses the forms of order sought by the European Commission submitted pursuant to Article 94(a) of the Rules of Procedure;










3.


Orders the European Commission, in addition to bearing its own costs, to pay two thirds of the costs of Mr Voslamber;










4.


Orders Mr Voslamber to bear one third of his costs.






(1)  OJ C 327, 20.12.2008, p. 43.
Case T-477/09: 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.01006601.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-477/09)
2010/C 24/116
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 1008/2008-4.










—


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 4 934 121) 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.
Decision of the Representatives of the Governments of the Member States of 30 November 2009 appointing an Advocate-General to the Court of Justice of the European Communities
Date: 2009-11-30
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice of the European Union, appointment of members, lawyer








L_2010014EN.01001201.xml










20.1.2010   


EN


Official Journal of the European Union


L 14/12








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 30 November 2009
         
appointing an Advocate-General to the Court of Justice of the European Communities
(2010/33/EC, Euratom)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,


Whereas, by virtue of Articles 7 and 8 of the Protocol on the Statute of the Court of Justice and following the death of Mr Dámaso Ruiz-Jarabo Colomer, an Advocate-General should be appointed to the Court of Justice of the European Communities for the remainder of Mr Dámaso Ruiz-Jarabo Colomer’s term of office, which runs until 6 October 2015,

HAVE DECIDED AS FOLLOWS:



Article 1
Mr Pedro Cruz Villalón is hereby appointed an Advocate-General to the Court of Justice of the European Communities for the period from 30 November 2009 to 6 October 2015.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 30 November 2009.


The President

B. ASK
Commission Regulation (EC) No 1181/2009 of 30 November 2009 entering a name in the register of protected designations of origin and protected geographical indications (Bremer Klaben (PGI))
Date: 2009-11-30
Institutions: European Commission
Subjects: Germany, biscuit factory, confectionery product, designation of origin, location of production, pastry-making, product designation








L_2009317EN.01003001.xml










3.12.2009   


EN


Official Journal of the European Union


L 317/30








            COMMISSION REGULATION (EC) No 1181/2009
of 30 November 2009
         
entering a name in the register of protected designations of origin and protected geographical indications (Bremer Klaben (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) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Bremer Klaben’ 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 110, 14.5.2009, p. 7.




ANNEX
Foodstuffs listed in Annex I to the Regulation (EC) No 510/2006:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

GERMANY
Bremer Klaben (PGI)