do-me/EUR-LEX huggingface dataset:
Case C-553/08 P: Order of the Court (Eighth Chamber) of 2 December 2009 — Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs), Manpower Inc. (Appeal — Community trade mark — Regulation (EC) No 40/94 — Articles 7(1)(c) and 51(1) and (2) — Invalidity proceedings — Cross Appeal — Community word mark MANPOWER — Absolute grounds for refusal — Descriptive character — Distinctive character acquired through use)
Date: 2009-12-01
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, designs and models, interpretation of the law, marketing, trade-mark law








C_2010051EN.01001401.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/14





Order of the Court (Eighth Chamber) of 2 December 2009 — Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH v Office for Harmonisation in the Internal Market (Trade marks and Designs), Manpower Inc.
(Case C-553/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Articles 7(1)(c) and 51(1) and (2) - Invalidity proceedings - Cross Appeal - Community word mark MANPOWER - Absolute grounds for refusal - Descriptive character - Distinctive character acquired through use)
2010/C 51/22
Language of the case: German

Parties


Appellant: Powerserv Personalservice GmbH, formerly Manpower Personalservice GmbH (represented by: B. Kuchar, Rechtsanwältin)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade marks and Designs) (represented by: G. Schneider, Agent), and Manpower Inc. (represented by: A. Bryson, Barrister and V. Marsland, Solicitor)

Re:

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 15 October 2008 in Case T-405/05 Powerserv Personalservice v OHIM and Manpower by which the Court of First Instance dismissed the action for annulment brought by the appellant against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 22 July 2005 dismissing the appeal against the decision of the Cancellation Division refusing the application for a declaration of invalidity in respect of Community word mark ‘MANPOWER’ for goods in Classes 9, 16, 35, 41 and 42 — Incorrect assessment of the distinctive character of the mark — Failure to reassess the evidence relating to the acquisition of distinctive character through use, after extending the relevant public by comparison with the contested decision of the Board of Appeal

Operative part of the order







1.


The main appeal brought by Powerserv Personalservice GmbH is dismissed.










2.


The cross appeal brought by Manpower Inc. is dismissed.










3.


Powerserv Personalservice GmbH is ordered to pay the costs.






(1)  OJ C 69, 21.3.2009.
Judgment of the Court of 1 December 2009 in Case E-5/09 EFTA Surveillance Authority v The Republic of Iceland (Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)
Date: 2009-12-01
Institutions: EFTA Court
Subjects: EFTA Court, European standard, Iceland, action for failure to fulfil an obligation, freedom to provide services, insurance company, reinsurance, right of establishment








C_2010256EN.01000701.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/7





JUDGMENT OF THE COURT
of 1 December 2009
in Case E-5/09
EFTA Surveillance Authority v The Republic of Iceland

(Failure by a Contracting Party to fulfil its obligations — Directive 2005/68/EC of the European Parliament and of the Council on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC)

2010/C 256/07
In Case E-5/09, EFTA Surveillance Authority v The Republic of Iceland — APPLICATION for a declaration that by failing to adopt, or to notify the EFTA Surveillance Authority of the measures necessary to implement the Act referred to, inter alia, at point 7b of Annex IX to the EEA Agreement, i.e. Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, within the time-limit prescribed, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of that Act and Article 7 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Henrik Bull (Judge-Rapporteur), Judges, gave judgment on 1 December 2009, the operative part of which is as follows:
The Court hereby:






1.


Declares that, by failing to adopt, within the time-limit prescribed, the measures necessary to implement Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC, as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 64(1) of the Directive and under Article 7 of the EEA Agreement.










2.


Orders the Republic of Iceland to bear the costs of the proceedings.
European Council Decision taken with the agreement of the President of the Commission of 1 December 2009 appointing the High Representative of the Union for Foreign Affairs and Security Policy
Date: 2009-12-01
Institutions: European Council
Subjects: High Representative of the Union for Foreign Affairs and Security Policy, appointment of staff








L_2009315EN.01004901.xml










2.12.2009   


EN


Official Journal of the European Union


L 315/49








            EUROPEAN COUNCIL DECISION
         
taken with the agreement of the President of the Commission
of 1 December 2009
         
appointing the High Representative of the Union for Foreign Affairs and Security Policy
(2009/880/EU)


THE EUROPEAN COUNCIL,

Having regard to the Treaty on the European Union, and in particular Article 18(1) thereof,

Whereas:







(1)


The Treaty of Lisbon institutes the new office of High Representative of the Union for Foreign Affairs and Security Policy.












(2)


In accordance with Article 5 of the Protocol (No 36) on transitional provisions and as foreseen in the Declaration (No 12) annexed to the Final Act of the Intergovernmental Conference which has adopted the Treaty of Lisbon, the High Representative of the Union for Foreign Affairs and Security Policy appointed during the term of office of a Commission should become a Member of the Commission for the remainder of the Commission's term of office.












(3)


The High Representative of the Union for Foreign Affairs and Security Policy should be appointed,





HAS ADOPTED THIS DECISION:



Article 1
Baroness Catherine Margaret ASHTON OF UPHOLLAND is hereby appointed High Representative of the Union for Foreign Affairs and Security Policy for the period from 1 December 2009 until the end of the current term of office of the Commission.


Article 2
This Decision shall be notified to Baroness Catherine Margaret ASHTON OF UPHOLLAND by the President of the European Council.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the European Council


The President

H. VAN ROMPUY
Prior notification of a concentration (Case COMP/M.5719 — Oaktree/SGD) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-12-01
Institutions: European Commission
Subjects: economic concentration, exchange of information, glass, investment company, merger control, packaging product, plastics, private investment








C_2009291EN.01003101.xml










1.12.2009   


EN


Official Journal of the European Union


C 291/31





Prior notification of a concentration
(Case COMP/M.5719 — Oaktree/SGD)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 291/10






1.


On 18 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 undertaking OCM Luxembourg Glasnost Holding S.à.r.l (Luxembourg) ultimately controlled by Oaktree Capital Management L.P. (‘Oaktree’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Cougard Investissement SAS and its subsidiaries SGD (collectively ‘SGD’, France) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Oaktree: private equity investment funds,










—


for SGD: supply of specialty glass packaging in the perfumery, cosmetics and pharmaceutical products industries, supply of other molded glass products, such as glass bricks and glass insulators, and supply of plastic packaging products.














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.5719 — Oaktree/SGD, 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.
Non-opposition to a notified concentration (Case COMP/M.5647 — Advent/GFKL) Text with EEA relevance
Date: 2009-12-01
Institutions: European Commission
Subjects: disclosure of information, economic concentration, financial management, information technology applications, investment company, merger control, private investment, restrictive-practice authorisation








C_2009291EN.01000701.xml










1.12.2009   


EN


Official Journal of the European Union


C 291/7





Non-opposition to a notified concentration
(Case COMP/M.5647 — Advent/GFKL)
(Text with EEA relevance)
2009/C 291/02
On 23 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 32009M5647. EUR-Lex is the on-line access to the European law.
Council Decision of 1 December 2009 appointing the Secretary-General of the Council of the European Union
Date: 2009-12-01
Institutions: Council of the European Union
Subjects: Council of the European Union, Secretary General of an Institution, appointment of members








L_2009322EN.01003701.xml










9.12.2009   


EN


Official Journal of the European Union


L 322/37








            COUNCIL DECISION
         
of 1 December 2009
         
appointing the Secretary-General of the Council of the European Union
(2009/911/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2), first subparagraph, thereof,


Whereas the Secretary-General of the Council should be appointed,

HAS ADOPTED THIS DECISION:



Article 1
Mr Pierre de BOISSIEU is hereby appointed Secretary-General of the Council of the European Union for the period from 1 December 2009 until the day after the European Council meeting of June 2011.


Article 2
This Decision shall be notified to Mr Pierre de BOISSIEU by the President of the Council.
It shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the Council


The President

B. ASK
Case T-53/09: Order of the General Court of 1 December 2009 — Cafea GmbH v OHIM — Christian (BEST FARM) (Community trade mark — Opposition — Withdrawal of the opposition — No need to adjudicate)
Date: 2009-12-01
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law








C_2010024EN.01005302.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/53





Order of the General Court of 1 December 2009 — Cafea GmbH v OHIM — Christian (BEST FARM)
(Case T-53/09) (1)

(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
2010/C 24/95
Language of the case: German

Parties


Applicant: Cafea GmbH (Hamburg, Germany) (represented by: C. Schumann and M. Hartmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Jenewein, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dieter Christian (Frankfurt am Main, Germany)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 27 November 2008 (Case R 420/2008-1) relating to opposition proceedings between Cafea GmbH and Dieter Christian.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Cafea GmbH shall bear its own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs).






(1)  OJ C 90 of 18.4.2009.
Euro exchange rates
Date: 2009-12-01
Institutions: European Commission
Subjects: euro, exchange rate








C_2009291EN.01000801.xml










1.12.2009   


EN


Official Journal of the European Union


C 291/8





Euro exchange rates (1)

30 November 2009
2009/C 291/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,5023




JPY


Japanese yen


129,77




DKK


Danish krone


7,4424




GBP


Pound sterling


0,91155




SEK


Swedish krona


10,4533




CHF


Swiss franc


1,5071




ISK


Iceland króna


 




NOK


Norwegian krone


8,5125




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


26,135




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


273,88




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7088




PLN


Polish zloty


4,1441




RON


Romanian leu


4,2706




TRY


Turkish lira


2,2980




AUD


Australian dollar


1,6452




CAD


Canadian dollar


1,5882




HKD


Hong Kong dollar


11,6431




NZD


New Zealand dollar


2,1019




SGD


Singapore dollar


2,0789




KRW


South Korean won


1 746,88




ZAR


South African rand


11,1421




CNY


Chinese yuan renminbi


10,2564




HRK


Croatian kuna


7,3160




IDR


Indonesian rupiah


14 222,64




MYR


Malaysian ringgit


5,0966




PHP


Philippine peso


70,918




RUB


Russian rouble


43,9800




THB


Thai baht


49,951




BRL


Brazilian real


2,6251




MXN


Mexican peso


19,3984




INR


Indian rupee


69,7590






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5668 — Safran/SIA/Safran Electronics Asia) — Candidate case for simplified procedure Text with EEA relevance
Date: 2009-12-01
Institutions: European Commission
Subjects: aeronautical industry, aerospace industry, air transport, civil engineering, economic concentration, exchange of information, merger control, provision of services, public safety








C_2009291EN.01003201.xml










1.12.2009   


EN


Official Journal of the European Union


C 291/32





Prior notification of a concentration
(Case COMP/M.5668 — Safran/SIA/Safran Electronics Asia)
Candidate case for simplified procedure
(Text with EEA relevance)
2009/C 291/11






1.


On 24 November 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 Council Regulation (EC) No 139/2004 (1) by which the undertaking Singapore Airlines Engineering Company (‘SIAEC’, Singapore), a subsidiary of Singapore Airlines Limited (Singapore) will acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation joint control of Safran Electronics Asia Private Ltd (‘SEA’, Singapore), a wholly owned subsidiary of Sagem Défense Sécurité (ultimately controlled by Safran SA, France) by way of purchase of shares and transfer of assets.










2.


The business activities of the undertakings concerned are:






—


Safran SA: aerospace propulsion, aircraft equipment and defence security, and,










—


Singapore Airlines Limited: passenger and cargo transport, engineering services related to air transportation and airport terminal services.














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.5668 — Safran/SIA/Safran Electronics Asia, 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.
Council Decision of 1 December 2009 laying down the conditions of employment of the High Representative of the Union for Foreign Affairs and Security Policy
Date: 2009-12-01
Institutions: Council of the European Union
Subjects: High Representative of the Union for Foreign Affairs and Security Policy, operation of the Institutions, pay




L_2009322EN.01003601.xml










9.12.2009   


EN


Official Journal of the European Union


L 322/36








            COUNCIL DECISION
         
of 1 December 2009
         
laying down the conditions of employment of the High Representative of the Union for Foreign Affairs and Security Policy
(2009/910/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 243 thereof,


Having regard to Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, members and Registrar of the Court of First Instance and of the President, Members and Registrar of the European Union Civil Service Tribunal (1),

Whereas:







(1)


The Treaty of Lisbon institutes the office of High Representative of the Union for Foreign Affairs and Security Policy who, in accordance with Article 18 of the Treaty on European Union, shall conduct the Union’s common foreign and security policy, preside over the Foreign Affairs Council and be one of the Vice-Presidents of the Commission.












(2)


The conditions of employment of the High Representative of the Union for Foreign Affairs and Security Policy should be laid down,





HAS ADOPTED THIS DECISION:



Article 1

1.   The provisions of Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967 which apply to Members of the Commission, including those applicable to Vice-Presidents of the Commission, shall apply by analogy to the High Representative of the Union for Foreign Affairs and Security Policy.


2.   By derogation from Article 2(1) of Council Regulation No 422/67/EEC, 5/67/Euratom of 25 July 1967, the basic monthly salary of the High Representative of the Union for Foreign Affairs and Security Policy shall be equal to the amount resulting from application of 130 % to the basic salary of an official of the European Union at grade 16 third step.



Article 2
This Decision shall be notified to the High Representative of the Union for Foreign Affairs and Security Policy by the President of the Council.
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 1 December 2009.


For the Council


The President

B. ASK
            





(1)  
            OJ L 187, 8.8.1967, p. 1.
Case C-493/09: Action brought on 1 December 2009 — European Commission v Portuguese Republic
Date: 2009-12-01
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, pension scheme, restriction on competition, supplementary pension, tax exemption, tax law, tax on income








C_2010037EN.01002103.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/21





Action brought on 1 December 2009 — European Commission v Portuguese Republic
(Case C-493/09)
2010/C 37/25
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: R. Lyal and M. Afonso, Agents)

Defendant: Portuguese Republic

Form of order sought







—


Declare that, by taxing the dividends obtained by non-resident pension funds at a rate higher than the dividends obtained by pension funds resident in Portuguese territory, the Portuguese Republic has failed to fulfil its obligations under Article 63 TFEU and Article 40 of the EEA Agreement.










—


Order the Portuguese Republic to pay the costs.





Pleas in law and main arguments

Under the provisions of the Portuguese Estatuto dos Benefícios Fiscais (Tax Relief Regulations) and the Código do Imposto sobre o Rendimento das Pessoas Colectivas (the Corporation Tax Code), the dividends paid to pension funds set up and operating in accordance with the Portuguese legislation are wholly exempt from the imposto sobre o rendimento das pessoas colectivas (corporation tax). By contrast, the dividends paid to non-resident pension funds are subject to corporation tax at a rate of between 10 % and 20 %, depending on whether there is a bilateral agreement between Portugal and the State of residence and the terms thereof. That corporation tax is collected by being withheld at source.
The detrimental difference in treatment by the Portuguese tax legislation of the non-resident pension funds makes the investment by those funds in Portuguese companies less profitable and attractive. The tax rules referred to therefore constitute a restriction prohibited by Article 63 TFEU and by Article 40 of the EEA Agreement.
The discriminatory treatment of non-resident pension funds, which has harmful consequences on the competitiveness of the financial markets of the European Union and on the revenue from the investments made by the pension funds, cannot be justified by any of the grounds put forward by the Portuguese Republic.