do-me/EUR-LEX huggingface dataset:
Case T-500/09: Action brought on 7 December 2009 — Italy v Commission
Date: 2009-12-07
Institutions: General Court
Subjects: EU control, EU financing, European Commission, Italy, action for annulment (EU), agricultural expenditure, agro-industry, citrus fruit, common agricultural policy, fund (EU)








C_2010037EN.01004601.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/46





Action brought on 7 December 2009 — Italy v Commission
(Case T-500/09)
2010/C 37/66
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: L. Ventrella, avvocato dello Stato)

Defendant: European Commission

Form of order sought







—


Annul in part Decision C (2009) 7044 of 24 September 2009, notified on 25 September 2009, excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), insofar as it applied to Italy, for the financial years 2005 and 2006:






—


fixed-rate financial corrections (5 %) on account of various alleged weaknesses in controls in the fruit and vegetables sector — citrus processing — totalling EUR 3 539 679,81.









Pleas in law and main arguments

In support of its challenge, the Italian Republic pleads breach of an essential procedural requirement (Article 253 EC), on account of a failure to state adequate reasons, and breach of the principle of proportionality.
The applicant submits in that connection that the Commission corrected certain aid for citrus processing and, in implementing those corrections, failed to ensure that adequate checks had been carried out as to whether the product delivered to the producers’ organisations tallied with the product delivered to the processors and as to whether the product delivered for processing tallied with the finished product. According to the Italian Government, in the course of the procedure it had emerged that the checks had been carried out satisfactorily, in particular as regards both administrative/accounting checks and physical checks, at both the Organizzazione di Produttori (Producers’ Organisation) and the processors; the checks were unannounced (without prior notice to the industry as to the date of the checks) and, in any event, were greater in number than that provided for in the relevant legislation. The essential point which the Commission should have addressed by stating adequate reasons in its decision was therefore whether the risk of loss to the Fund was ‘significant’, such as to justify a fixed-rate correction of 5 %, which appears, in any event, to be disproportionate.
Commission Decision of 7 December 2009 on extending the availability period of the exceptional Community financial assistance to Kosovo
Date: 2009-12-07
Institutions: European Commission
Subjects: EU aid, Kosovo, economic aid, economic development, economic reconstruction, financial aid








L_2009323EN.01006601.xml










10.12.2009   


EN


Official Journal of the European Union


L 323/66








            COMMISSION DECISION
         
of 7 December 2009
         
on extending the availability period of the exceptional Community financial assistance to Kosovo
(2009/918/EU)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Decision 2006/880/EC of 30 November 2006 providing exceptional Community financial assistance to Kosovo (1), and in particular to Article 1(3),

Whereas:







(1)


The availability of the exceptional Community financial assistance to Kosovo (2), according to the above mentioned Decision, expires on 11 December 2009.












(2)


Article 1(3) of Decision 2006/880/EC foresees the possibility for the Commission to extend the availability period by a maximum of one year.












(3)


The availability period should be extended by one year in order to complete the financial assistance programme.












(4)


The Economic and Financial Committee has been duly consulted on this extension,





HAS ADOPTED THIS DECISION:



Article 1
The availability period of the exceptional Community financial assistance to Kosovo is extended by one additional year, until 11 December 2010.


Article 2
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 7 December 2009.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 339, 6.12.2006, p. 36.

(2)  Under United Nations Security Council Resolution No 1244/1999 (UNSCR 1244/99) of 10.6.1999.
Case T-492/09: Action brought on 7 December 2009 — MEDA Pharma v OHIM — Nycomed (ALLERNIL)
Date: 2009-12-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010037EN.01004402.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/44





Action brought on 7 December 2009 — MEDA Pharma v OHIM — Nycomed (ALLERNIL)
(Case T-492/09)
2010/C 37/63
Language in which the application was lodged: German

Parties


Applicant: MEDA Pharma GmbH & Co KG (Bad Homburg, Germany) (represented by: G. Würtenberger and R. Kunze, 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: Nycomed GmbH (Konstanz, Germany)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of 29 September 2009 in appeal proceedings R 1386/2007-4 concerning the objection lodged on the basis of the German trade mark No 1 042 583‘ALLERGODIL’ against the European part of the international registration 845 934‘ALLERNIL’;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for extension of protection: Nycomed GmbH

Trade mark for which an extension of protection is sought: the word mark ‘ALLERNIL’ for goods in Class 5 (international registration No 845 934, naming the European Community)

Proprietor of the mark cited in opposition proceedings: the applicant

Mark cited in opposition: the German word mark No 1 042 583‘ALLERGODIL’ for goods in Class 5

Decision of the Cancellation Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law:






—


Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since the principles of trade mark law relating to the likelihood of confusion were not correctly applied;










—


Infringement of Article 75 of Regulation No 207/2009 owing to deficiencies in the reasoning of the contested decision.






(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
Case C-507/09 P: Appeal brought on 7 December 2009 by Goldman Management AD against the judgment delivered on 16 November 2009 in Case T-354/09
Date: 2009-12-07
Institutions: Court of Justice
Subjects: Bulgaria, European Commission, action for annulment








C_2010221EN.01001501.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/15





Appeal brought on 7 December 2009 by Goldman Management AD against the judgment delivered on 16 November 2009 in Case T-354/09
(Case C-507/09 P)
()
2010/C 221/24
Language of the case: Bulgarian

Parties


Appellant: Goldman Management AD (represented by: I. Lilkova, advokat)

Other parties to the proceedings: European Commission, Republic of Bulgaria
By Order of 6 May 2010, the Court of Justice (Seventh Chamber) declared the appeal manifestly inadmissible.
Case T-487/09: Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)
Date: 2009-12-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010037EN.01004102.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/41





Action brought on 7 December 2009 — ReValue Immobilienberatung v OHIM (ReValue)
(Case T-487/09)
2010/C 37/58
Language in which the application was lodged: German

Parties


Applicant: ReValue Immobilienberatung GmbH (Berlin, Germany) (represented by S. Fischoeder and M. Schork, lawyers)

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

Form of order sought







—


Annul the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Fourth Board of Appeal) of 7 October 2009 in Case R 531/2009-4;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the figurative mark ‘ReValue’ for services in classes 35, 36, 42 and 45 (Application No 6 784 292)

Decision of the Examiner: registration rejected partially

Decision of the Board of Appeal: appeal dismissed

Pleas in law: infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1), on the grounds that the sign applied for is not descriptive in relation to the services in question and is not devoid of any distinctive character; infringement of Article 75 of Regulation No 207/2009, on the ground that the contested decision was not sufficiently reasoned in the necessary sections.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-506/09 P: Appeal brought on 7 December 2009 by the Portuguese Republic against the judgment of the Court of First Instance of the European Communities (Seventh Chamber) delivered on 23 September 2009 in Case T-385/05: Transnáutica — Transportes e Navegação SA v Commission
Date: 2009-12-07
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), Portugal, action for annulment (EU), carrier, customs drawback, customs fraud, customs regulations








C_2010063EN.01002401.xml










13.3.2010   


EN


Official Journal of the European Union


C 63/24





Appeal brought on 7 December 2009 by the Portuguese Republic against the judgment of the Court of First Instance of the European Communities (Seventh Chamber) delivered on 23 September 2009 in Case T-385/05: Transnáutica — Transportes e Navegação SA v Commission
(Case C-506/09 P)
2010/C 63/39
Language of the case: English

Parties


Appellant: Portuguese Republic (represented by: L. Fernandes, C. Guerra Santos, J. Gomes, P. Rocha, Agents)

Other parties to the proceedings: Transnáutica — Transportes e Navegação, SA, European Commission

Form of order sought

The appellant claims that the Court should:






—


grant the appeal brought by the Portuguese authorities by staying the determination of this case pending delivery of judgment by the General Court, inasmuch as in the third-party proceedings it is necessary to argue not only the law but also the facts of the case;










—


set aside the judgment given on 23 September in Case T-385/05 Transnáutica — Transportes e Navegação SA v Commission by the Court of First Instance of the European Communities by which that court annulled Commission Decision REM 05/2004 of 6 July 2005 refusing Transnáutica's application for repayment and remission of customs debts;










—


order Transnáutica — Transportes e Navegação SA to pay the costs.





Pleas in law and main arguments

The appellant submits that the Court of First Instance erred when it concluded that the Portuguese customs authorities were at fault in the setting and monitoring of the comprehensive guarantee used in the transit operations at issue.
The appellant also submits that it is impossible to establish any causal link between the errors allegedly committed by the Portuguese authorities and the later removal of the goods from customs supervision and maintains that, by concluding otherwise, the Court of First Instance has contravened European Union law.
Case C-207/09: Order of the President of the Court of 7 December 2009 — European Commission v Slovak Republic
Date: 2009-12-07
Institutions: Court of Justice
Subjects: European Commission, Slovakia, access to information, action for failure to fulfil an obligation, classification, fine, organisation








C_2010051EN.01002902.xml










27.2.2010   


EN


Official Journal of the European Union


C 51/29





Order of the President of the Court of 7 December 2009 — European Commission v Slovak Republic
(Case C-207/09) (1)

2010/C 51/54

Language of the case: Slovak

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


(1)  OJ C 205, 29.8.2009.
Commission Regulation (EU) No 1195/2009 of 7 December 2009 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2009-12-07
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2009321EN.01004701.xml










8.12.2009   


EN


Official Journal of the European Union


L 321/47








            COMMISSION REGULATION (EU) No 1195/2009
of 7 December 2009
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


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 8 December 2009.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 December 2009.


For the Commission, On behalf of the President,

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 


AL 


43,8 




MA 


40,6 




TR 


61,8 




ZZ 


48,7 




0707 00 05 


MA 


49,3 




TR 


75,7 




ZZ 


62,5 




0709 90 70 


MA 


41,0 




TR 


115,8 




ZZ 


78,4 




0805 10 20 


AR 


70,4 




MA 


50,6 




TR 


64,6 




ZA 


48,5 




ZZ 


58,5 




0805 20 10 


MA 


73,0 




ZZ 


73,0 




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


CN 


132,8 




HR 


67,9 




IL 


68,7 




TR 


77,1 




ZZ 


86,6 




0805 50 10 


TR 


74,9 




ZZ 


74,9 




0808 10 80 


AU 


161,8 




CA 


65,1 




CN 


83,6 




MK 


20,3 




US 


90,6 




ZA 


106,2 




ZZ 


87,9 




0808 20 50 


CN 


36,7 




US 


213,0 




ZZ 


124,9 






(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’.
Decision taken by common agreement between the Representatives of the Governments of Member States of 7 December 2009 on the location of the seat of the Agency for the Cooperation of Energy Regulators
Date: 2009-12-07
Institutions: Representatives of the Governments of the Member States
Subjects: EU office or agency, electricity supply, energy grid, energy policy, energy transport, gas supply, seat of institution








L_2009322EN.01003901.xml










9.12.2009   


EN


Official Journal of the European Union


L 322/39








            DECISION TAKEN BY COMMON AGREEMENT BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF MEMBER STATES
         
of 7 December 2009
         
on the location of the seat of the Agency for the Cooperation of Energy Regulators
(2009/913/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

Having regard to Article 341 of the Treaty on the functioning of the European Union,

Whereas:







(1)


The establishment of an Agency for the Cooperation of Energy Regulators was decided by Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (1)













(2)


The location of the seat of this Agency should be determined,





HAVE DECIDED AS FOLLOWS:



Article 1
The Agency for the Cooperation of Energy Regulators shall have its seat in Ljubljana.


Article 2
This Decision, which will be published in the Official Journal of the European Union, shall take effect on the date of its publication.




Done at Brussels, 7 December 2009.


For the Council


The President

M. OLOFSSON
            





(1)  
            OJ L 211, 14.8.2009, p. 1.
Case T-497/09: Action brought on 7 December 2009 — LG Electronics v OHIM
Date: 2009-12-07
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010037EN.01004501.xml










13.2.2010   


EN


Official Journal of the European Union


C 37/45





Action brought on 7 December 2009 — LG Electronics v OHIM
(Case T-497/09)
2010/C 37/64
Language in which the application was lodged: French

Parties


Applicant: LG Electronics, Inc. (Seoul, Republic of Korea) (represented by J. Blanchard, lawyer)

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

Form of order sought







—


declare the present action to be admissible;










—


annul in part the decision made on 23 September 2009 by the First Board of Appeal of OHIM in so far as it dismissed in part an action brought by LG ELECTRONICS against the decision of 5 February 2009 refusing registration of the application for Community trade mark No 7 282 924 in so far as it applies to ‘electronic vacuum cleaners’;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘KOMPRESSOR PLUS’ for goods in Class 7 (Application No 7 282 924).

Decision of the Examiner: Rejection of the application for registration.

Decision of the Board of Appeal: Partial dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 207/2009 on the Community trade mark.