do-me/EUR-LEX huggingface dataset:
Joined Cases C-488/08 P and C-489/08 P: Order of the Court (Sixth Chamber) of 4 December 2009 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Dr. Grandel GmbH (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word marks Epican and Epican Forte — Opposition by the proprietor of the Community word mark EPIGRAN — Likelihood of confusion — Partial rejection of the application for registration — Appeals manifestly inadmissible)
Date: 2009-12-04
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, appeal, dietary product, food supplement, pharmaceutical product, trade-mark law








C_2010063EN.01001802.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/18





Order of the Court (Sixth Chamber) of 4 December 2009 — Matthias Rath v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Dr. Grandel GmbH
(Joined Cases C-488/08 P and C-489/08 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word marks Epican and Epican Forte - Opposition by the proprietor of the Community word mark EPIGRAN - Likelihood of confusion - Partial rejection of the application for registration - Appeals manifestly inadmissible)
2010/C 63/27
Language of the case: German

Parties


Applicant: Matthias Rath (represented by: S. Ziegler, C. Kleiner and F. Dehn, Rechtsanwälte)

Defendants: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Dr. Grandel GmbH

Re:

Appeal brought against the order of the Court of First Instance (Seventh Chamber) of 8 September 2008, Rath v OHIM and Grandel (Case T-373/06) in which the Court of First Instance dismissed as manifestly lacking any foundation in law the action for annulment of the decision of the First Board of Appeal of OHIM of 5 October 2006 dismissing in part the action brought against the decision of the Opposition Division which, by upholding the opposition by the proprietor of the earlier Community word mark ‘EPIGRAN’, refused to register the word mark ‘EPICAN FORTE’ for goods and services in class 5 — Likelihood of confusion between the two marks

Operative part of the order







1.


The appeals are dismissed.










2.


Mr Rath is ordered to pay the costs.






(1)  OJ C 82 of 4.04.2009.
Decision of the EEA Joint Committee No 124/2009 of 4 December 2009 amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: eco-label, energy consumption, energy saving, energy-generating product, institutional structure, operation of the Institutions




L_2010062EN.01000901.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/9








            DECISION OF THE EEA JOINT COMMITTEE
         
No 124/2009
of 4 December 2009
         
amending Annex II (Technical regulations, standards, testing and certification) and Annex IV (Energy) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 132/2007 of 26 October 2007 (1).












(2)


Annex IV to the Agreement was amended by Decision of the EEA Joint Committee No 81/2009 of 3 July 2009 (2).












(3)


Commission Decision 2008/591/EC of 30 June 2008 on the Ecodesign Consultation Forum (3) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 6 (Directive 2005/32/EC of the European Parliament and of the Council) of Chapter IV of Annex II to the Agreement:






‘7.



32008 D 0591: Commission Decision 2008/591/EC of 30 June 2008 on the Ecodesign Consultation Forum (OJ L 190, 18.7.2008, p. 22).’






Article 2
The following point shall be inserted after point 26 (Directive 2005/32/EC of the European Parliament and of the Council) of Annex IV to the Agreement:






‘26a.



32008 D 0591: Commission Decision 2008/591/EC of 30 June 2008 on the Ecodesign Consultation Forum (OJ L 190, 18.7.2008, p. 22).’






Article 3
The text of Decision 2008/591/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 4
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 5
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 100, 10.4.2008, p. 1.

(2)  
            OJ L 277, 22.10.2009, p. 32.

(3)  
            OJ L 190, 18.7.2008, p. 22.

(*1)  No constitutional requirements indicated.
Non-opposition to a notified concentration (Case COMP/M.5687 — CVC/Subsidiaries of Interbrew Central European Holding) Text with EEA relevance
Date: 2009-12-04
Institutions: European Commission
Subjects: Central and Eastern Europe, beer, consultancy, disclosure of information, economic concentration, investment, marketing, merger control, restrictive-practice authorisation








C_2009295EN.01000502.xml










4.12.2009   


EN


Official Journal of the European Union


C 295/5





Non-opposition to a notified concentration
(Case COMP/M.5687 — CVC/Subsidiaries of Interbrew Central European Holding)
(Text with EEA relevance)
2009/C 295/04
On 26 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 32009M5687. EUR-Lex is the on-line access to the European law.
Decision of the EEA Joint Committee No 144/2009 of 4 December 2009 amending Annex XIII (Transport) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: air safety, air transport, approximation of laws, civil aviation, dissemination of information, safety standard, technical specification




L_2010062EN.01004001.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/40








            DECISION OF THE EEA JOINT COMMITTEE
         
No 144/2009
of 4 December 2009
         
amending Annex XIII (Transport) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XIII to the Agreement was amended by Decision of the EEA Joint Committee No 110/2009 of 22 October 2009 (1).












(2)


Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (2) was reincorporated into the Agreement by Decision of the EEA Joint Committee No 99/2009 of 25 September 2009 (3) with country specific adaptations.












(3)


Commission Regulation (EC) No 483/2009 of 9 June 2009 amending Regulation (EC) No 820/2008 laying down measures for the implementation of the common basic standards on aviation security (4) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following shall be added in point 66i (Commission Regulation (EC) No 820/2008) of Annex XIII to the Agreement:

                  ‘, as amended by:






—



32009 R 0483: Commission Regulation (EC) No 483/2009 of 9 June 2009 (OJ L 145, 10.6.2009, p. 23).’
                     






Article 2
The text of Regulation (EC) No 483/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 334, 17.12.2009, p. 10.

(2)  
            OJ L 355, 30.12.2002, p. 1.

(3)  
            OJ L 304, 19.11.2009, p. 14.

(4)  
            OJ L 145, 10.6.2009, p. 23.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 126/2009 of 4 December 2009 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: consumer protection, fish product, food contamination, food safety, food standard, foodstuff, marketing standard




L_2010062EN.01001301.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/13








            DECISION OF THE EEA JOINT COMMITTEE
         
No 126/2009
of 4 December 2009
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 78/2009 of 3 July 2009 (1).












(2)


Commission Regulation (EC) No 565/2008 of 18 June 2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards the establishment of a maximum level for dioxins and PCBs in fish liver (2) is to be incorporated into the Agreement.












(3)


This Decision is not to apply to Liechtenstein,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 54zzzz (Commission Regulation (EC) No 1881/2006) of Chapter XII of Annex II to the Agreement:






‘—



32009 R 0308: Commission Regulation (EC) No 308/2009 of 15 April 2009 (OJ L 97, 16.4.2009, p. 8).’






Article 2
The text of Regulation (EC) No 308/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 73/2008 of 6 June 2008, whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 277, 22.10.2009, p. 27.

(2)  
            OJ L 160, 19.6.2008, p. 20.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 152/2009 of 4 December 2009 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: carriage of goods, carriage of passengers, maritime transport, statistics




L_2010062EN.01005501.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/55








            DECISION OF THE EEA JOINT COMMITTEE
         
No 152/2009
of 4 December 2009
         
amending Annex XXI (Statistics) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 113/2009 of 22 October 2009 (1).












(2)


Directive 2009/42/EC of the European Parliament and of the Council of 6 May 2009 on statistical returns in respect of carriage of goods and passengers by sea (Recast) (2) is to be incorporated into the Agreement.












(3)


Directive 2009/42/EC repeals Council Directive 95/64/EC (3), which is incorporated into the Agreement and which is consequently to be repealed under the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The text of point 7b (Council Directive 95/64/EC) of Annex XXI to the Agreement shall be replaced by the following:

                  ‘
                  32009 L 0042: Directive 2009/42/EC of the European Parliament and of the Council of 6 May 2009 on statistical returns in respect of carriage of goods and passengers by sea (Recast) (OJ L 141, 6.6.2009, p. 29).’
               


Article 2
The text of Directive 2009/42/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 334, 17.12.2009, p. 15.

(2)  
            OJ L 141, 6.6.2009, p. 29.

(3)  
            OJ L 320, 30.12.1995, p. 25.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 137/2009 of 4 December 2009 amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: chemical product, environmental protection, marketing, public health, toxic substance




L_2010062EN.01003001.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/30








            DECISION OF THE EEA JOINT COMMITTEE
         
No 137/2009
of 4 December 2009
         
amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex II to the Agreement was amended by Decision of the EEA Joint Committee No 28/2009 of 17 March 2009 (1).












(2)


Commission Decision 2008/681/EC of 28 July 2008 concerning the non-inclusion of certain substances in Annexes I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 12zj (Commission Decision 2008/831/EC) of Chapter XV of Annex II to the Agreement:






‘12zk.



32008 D 0681: Commission Decision 2008/681/EC of 28 July 2008 concerning the non-inclusion of certain substances in Annexes I, IA or IB to Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market (OJ L 222, 20.8.2008, p. 7).’






Article 2
The text of Decision 2008/681/EC in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 130, 28.5.2009, p. 21.

(2)  
            OJ L 222, 20.8.2008, p. 7.

(*1)  No constitutional requirements indicated.
Euro exchange rates
Date: 2009-12-04
Institutions: European Commission
Subjects: euro, exchange rate








C_2009295EN.01000701.xml










4.12.2009   


EN


Official Journal of the European Union


C 295/7





Euro exchange rates (1)

3 December 2009
2009/C 295/07

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,5120




JPY


Japanese yen


133,17




DKK


Danish krone


7,4417




GBP


Pound sterling


0,90915




SEK


Swedish krona


10,3159




CHF


Swiss franc


1,5083




ISK


Iceland króna


 




NOK


Norwegian krone


8,4390




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,810




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7079




PLN


Polish zloty


4,0977




RON


Romanian leu


4,2105




TRY


Turkish lira


2,2413




AUD


Australian dollar


1,6276




CAD


Canadian dollar


1,5873




HKD


Hong Kong dollar


11,7180




NZD


New Zealand dollar


2,0881




SGD


Singapore dollar


2,0848




KRW


South Korean won


1 746,64




ZAR


South African rand


11,0339




CNY


Chinese yuan renminbi


10,3224




HRK


Croatian kuna


7,3060




IDR


Indonesian rupiah


14 248,95




MYR


Malaysian ringgit


5,0962




PHP


Philippine peso


69,928




RUB


Russian rouble


44,0300




THB


Thai baht


50,074




BRL


Brazilian real


2,5811




MXN


Mexican peso


19,1502




INR


Indian rupee


69,6650






(1)  Source: reference exchange rate published by the ECB.
Decision of the EEA Joint Committee No 155/2009 of 4 December 2009 amending Annex XXI (Statistics) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: EU statistics, branch of activity, dissemination of information, economic statistics, financial statistics, information system, report, statistical method, subsidiary




L_2010062EN.01006001.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/60








            DECISION OF THE EEA JOINT COMMITTEE
         
No 155/2009
of 4 December 2009
         
amending Annex XXI (Statistics) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XXI to the Agreement was amended by Decision of the EEA Joint Committee No 113/2009 of 22 October 2009 (1).












(2)


Commission Regulation (EC) No 834/2009 of 11 September 2009 implementing Regulation (EC) No 716/2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates, as regards the quality reports (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following point shall be inserted after point 19xa (Commission Regulation (EC) No 364/2008) of Annex XXI to the Agreement:






‘19xb.



32009 R 0834: Commission Regulation (EC) No 834/2009 of 11 September 2009 implementing Regulation (EC) No 716/2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates, as regards the quality reports (OJ L 241, 12.9.2009, p. 3).’






Article 2
The text of Regulation (EC) No 834/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1).


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 334, 17.12.2009, p. 15.

(2)  
            OJ L 241, 12.9.2009, p. 3.

(*1)  No constitutional requirements indicated.
Decision of the EEA Joint Committee No 150/2009 of 4 December 2009 amending Annex XX (Environment) to the EEA Agreement
Date: 2009-12-04
Institutions: EEA Joint Committee
Subjects: export of waste, hazardous waste, innovation, scientific progress, waste management




L_2010062EN.01005101.xml










11.3.2010   


EN


Official Journal of the European Union


L 62/51








            DECISION OF THE EEA JOINT COMMITTEE
         
No 150/2009
of 4 December 2009
         
amending Annex XX (Environment) to the EEA Agreement


THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the Agreement’, and in particular Article 98 thereof,

Whereas:







(1)


Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No 101/2009 of 25 September 2009 (1).












(2)


Commission Regulation (EC) No 308/2009 of 15 April 2009 amending, for the purposes of adaptation to scientific and technical progress, Annexes IIIA and VI to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (2) is to be incorporated into the Agreement,





HAS DECIDED AS FOLLOWS:



Article 1
The following indent shall be added in point 32c (Regulation (EC) No 1013/2006 of the European Parliament and of the Council) of Annex XX to the Agreement:






‘—



32009 R 0308: Commission Regulation (EC) No 308/2009 of 15 April 2009 (OJ L 97, 16.4.2009, p. 8).’






Article 2
The text of Regulation (EC) No 308/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.


Article 3
This Decision shall enter into force on 5 December 2009, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 73/2008 of 6 June 2008, whichever is the later.


Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.




Done at Brussels, 4 December 2009.


For the EEA Joint Committee


The President

Oda Helen SLETNES
            





(1)  
            OJ L 304, 19.11.2009, p. 18.

(2)  
            OJ L 97, 16.4.2009, p. 8.

(*1)  No constitutional requirements indicated.