do-me/EUR-LEX huggingface dataset:
Case T-135/10: Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
Date: 2010-03-23
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), foodstuff, trade-mark law








C_2010134EN.01004701.xml










22.5.2010   


EN


Official Journal of the European Union


C 134/47





Action brought on 23 March 2010 — Pieno žvaigždės v OHIM — Fattoria Scaldasole (Iogurt.)
(Case T-135/10)
2010/C 134/76
Language in which the application was lodged: English

Parties


Applicant: AB ‘Pieno žvaigždės’ (Vilnius, Lithuania) (represented by: I. Lukauskienė and R. Žabolienė, lawyers)

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

Other party to the proceedings before the Board of Appeal: Fattoria Scaldasole Srl (Monguzzo, Italy)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 January 2010 in case R 1070/2009-2; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘Iogurt.’, for goods in class 29

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Lithuanian trade mark registration of the figurative mark ‘jogurtas’, for goods in class 29; Community trade mark registration of the figurative mark ‘jogurt’, for goods in class 29

Decision of the Opposition Division: Rejected the opposition in its entirety

Decision of the Board of Appeal: Deemed the appeal not to have been filed

Pleas in law: Infringement of Article 60 of Council Regulation No 207/2009 in conjunction with Article 8 of Commission Regulation No 2869/95 (1) as the Board of Appeal wrongly concluded that the fee for appeal was not paid within the prescribed time-limit of two months from the date of notification of the appealed decision.


(1)  Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 303, p. 33)
Case T-345/07: Order of the General Court of 23 March 2010 — Banque Postale v Commission
Date: 2010-03-23
Institutions: General Court
Subjects: France, action for annulment (EU), banking, savings, services of general interest








C_2010148EN.01005101.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/51





Order of the General Court of 23 March 2010 — Banque Postale v Commission
(Case T-345/07) (1)

2010/C 148/83

Language of the case: French

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


(1)  OJ C 269, 10.11.2007
Non-opposition to a notified concentration (Case COMP/M.5806 — KKR & CO/Pets at Home) Text with EEA relevance
Date: 2010-03-23
Institutions: European Commission
Subjects: disclosure of information, domestic animal, economic concentration, financial services, merger control, miscellaneous industries, provision of services, restrictive-practice authorisation, retail selling








C_2010073EN.01001001.xml










23.3.2010   


EN


Official Journal of the European Union


C 73/10





Non-opposition to a notified concentration
(Case COMP/M.5806 — KKR & CO/Pets at Home)
(Text with EEA relevance)
2010/C 73/02
On 17 March 2010, 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 32010M5806. EUR-Lex is the on-line access to the European law.
2010/185/CFSP: Political and Security Committee Decision Atalanta/2/2010 of 23 March 2010 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (Atalanta)
Date: 2010-03-23
Institutions: Political and Security Committee
Subjects: Somalia, appointment of staff, deterrent, littoral, military intervention, military personnel, piracy, the EU's international role








L_2010083EN.01002201.xml










30.3.2010   


EN


Official Journal of the European Union


L 83/22








            POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/2/2010
of 23 March 2010
         
on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (Atalanta)
(2010/185/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular Article 38 thereof,


Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast (1) (Atalanta), and in particular Article 6 thereof,

Whereas:







(1)


Pursuant to Article 6 of Joint Action 2008/851/CFSP the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.












(2)


On 4 December 2009, the PSC adopted Decision Atalanta/8/2009 (2) appointing Rear Admiral Giovanni GUMIERO as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.












(3)


The EU Operation Commander has recommended the appointment of Rear Admiral (LH) Jan THÖRNQVIST as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.












(4)


The EU Military Committee has supported that recommendation.












(5)


In accordance with Article 5 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications,





HAS ADOPTED THIS DECISION:



Article 1
Rear Admiral (LH) Jan THÖRNQVIST is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somalia coast.


Article 2
This Decision shall enter into force on 14 April 2010.




Done at Brussels, 23 March 2010.


For the Political and Security Committee


The Chairman

C. FERNÁNDEZ-ARIAS
            





(1)  
            OJ L 301, 12.11.2008, p. 33.

(2)  
            OJ L 327, 12.12.2009, p. 40.
Notice of the expiry of certain anti-dumping measures
Date: 2010-03-23
Institutions: European Commission
Subjects: China, anti-dumping duty, anti-dumping legislation, import, mechanical engineering, originating product








C_2010073EN.01003901.xml










23.3.2010   


EN


Official Journal of the European Union


C 73/39





Notice of the expiry of certain anti-dumping measures
2010/C 73/10
Further to the publication of a notice of impending expiry (1) following which no request for a review was lodged, the Commission gives notice that the anti-dumping measure mentioned below will shortly expire.
This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (2) on protection against dumped imports from countries not members of the European Community.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Certain compressors


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 261/2008 (OJ L 81, 20.3.2008, p. 1)


21.3.2010






(1)  OJ C 252, 22.10.2009, p. 18.

(2)  OJ L 343, 22.12.2009, p. 51.
Commission Regulation (EU) No 246/2010 of 23 March 2010 amending Regulation (EEC) No 989/89 as regards the classification of padded waistcoats in the Combined Nomenclature
Date: 2010-03-23
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, common customs tariff








L_2010077EN.01005101.xml










24.3.2010   


EN


Official Journal of the European Union


L 77/51








            COMMISSION REGULATION (EU) No 246/2010
of 23 March 2010
         
amending Regulation (EEC) No 989/89 as regards the classification of padded waistcoats in the Combined Nomenclature


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), and in particular Article 9(1) (a) thereof,

Whereas:







(1)


Commission Regulation (EEC) No 989/89 (2) lays down classification criteria applicable to anoraks (including ski-jackets), wind-cheaters and similar articles of CN codes 6101 , 6102 , 6201  and 6202 .












(2)


Garments of the above-mentioned headings are generally worn over other clothing and ensure a protection against the weather (Harmonized System Explanatory Notes to headings 6101 , 6102 , 6201  and 6202 , first paragraph) and, consequently, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles falling within those headings must have long sleeves. Nevertheless, padded waistcoats, despite the fact that they have no sleeves at all, should be covered by those headings because they are worn over all other clothing for protection against the weather, and because of their padding (See also Harmonized System Explanatory Notes to headings 6101 , 6102 , 6201  and 6202 , second paragraph).












(3)


In order to ensure uniform interpretation of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, with regard to the tariff classification of padded waistcoats, it is therefore necessary to specify that padded waistcoats are to be classified in headings 6101 , 6102 , 6201  or 6202  although they have no sleeves.












(4)


Regulation (EEC) No 989/89 should therefore be amended accordingly.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,





HAS ADOPTED THIS REGULATION:



Article 1
In Article 1 of Regulation (EEC) No 989/89 the following paragraph is added:
‘By derogation from the first paragraph those headings shall include padded waistcoats, despite the fact that they have no sleeves.’


Article 2
This Regulation shall enter into force on the twentieth day following that of 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, 23 March 2010.


For the Commission, On behalf of the President,

Algirdas ŠEMETA
            

Member of the Commission






(1)  
            OJ L 256, 7.9.1987, p. 1.

(2)  
            OJ L 106, 18.4.1989, p. 25.
Non-opposition to a notified concentration (Case COMP/M.5554 — Havi/Keylux/STI Freight JV) Text with EEA relevance
Date: 2010-03-23
Institutions: European Commission
Subjects: agro-industry, disclosure of information, distributive trades, economic concentration, foodstuff, logistics, merger control, preparation for market, restrictive-practice authorisation, theory of marketing








C_2010073EN.01001002.xml










23.3.2010   


EN


Official Journal of the European Union


C 73/10





Non-opposition to a notified concentration
(Case COMP/M.5554 — Havi/Keylux/STI Freight JV)
(Text with EEA relevance)
2010/C 73/03
On 16 March 2010, 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 32010M5554. EUR-Lex is the on-line access to the European law.
Case C-255/10: Reference for a preliminary ruling from the Tribunale di Roma (Italy), made on 23 March 2010 — Criminal proceedings against Alessandro Sacchi
Date: 2010-03-23
Institutions: Court of Justice
Subjects: Italy, State monopoly, interpretation of the law, service concession, sporting event








C_2010209EN.01002701.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/27





Reference for a preliminary ruling from the Tribunale di Roma (Italy), made on 23 March 2010 — Criminal proceedings against Alessandro Sacchi
(Case C-255/10)
()
2010/C 209/38
Language of the case: Italian

Referring court

Tribunale di Roma

Party to the main proceedings

Alessandro Sacchi

Question referred

What interpretation is to be given to Articles 43 EC and 49 EC with reference to freedom of establishment and freedom to provide services in the sector of betting on sports events, regard being had also to the principle of effective judicial protection, in order to establish whether or not those Treaty provisions permit national rules establishing a State monopoly and a system of licences and authorisations which, within the context of a given number of licences,: (a) tend generally to protect holders of licences issued at an earlier period on the basis of a procedure that unlawfully excluded certain operators; (b) ensure the de facto maintenance of commercial positions acquired at the conclusion of a procedure that unlawfully excluded certain operators (by, for example, prohibiting new licensees from locating their betting outlets within a specified distance from those already in existence); (c) lay down cases in which the licence may lapse, with forfeiture of large guarantee deposits, including the case in which the licensee directly or indirectly carries on cross-border gaming activities analogous to those under the licence?
Case T-279/07: Order of the General Court of 23 March 2010 — France v Commission
Date: 2010-03-23
Institutions: General Court
Subjects: European Commission, France, action for failure to fulfil an obligation, banking, credit institution, right of establishment, services of general interest








C_2010148EN.01005001.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/50





Order of the General Court of 23 March 2010 — France v Commission
(Case T-279/07) (1)

2010/C 148/81

Language of the case: French

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


(1)  OJ C 211, 8.9.2007.
Case T-289/07: Order of the General Court of 23 March 2010 — Caisse Nationale des Caisses d'Epargne et de Prévoyance v Commission
Date: 2010-03-23
Institutions: General Court
Subjects: European Commission, France, action for annulment (EU), banking, financial institution, right of establishment








C_2010148EN.01005002.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/50





Order of the General Court of 23 March 2010 — Caisse Nationale des Caisses d'Epargne et de Prévoyance v Commission
(Case T-289/07) (1)

2010/C 148/82

Language of the case: French

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


(1)  OJ C 235, 6.10.2007.
Notice concerning the revocation of the agreements between the European Coal and Steel Community and the Swiss Confederation
Date: 2010-03-23
Institutions: Council of the European Union
Subjects: ECSC, Switzerland, agreement (EU), repeal








L_2010075EN.01000101.xml










23.3.2010   


EN


Official Journal of the European Union


L 75/1







Notice concerning the revocation of the agreements between the European Coal and Steel Community and the Swiss Confederation

On 9 October 2009
          (1), the Council decided to revoke the agreements between the European Coal and Steel Community and the Swiss Confederation. These agreements have subsequently been revoked by an Agreement between the European Union and the Swiss Confederation, in the form of an exchange of verbal notes, taking effect on 22 December 2009.


(1)  
            OJ L 288, 4.11.2009, p. 18.
Case T-16/09 P: Order of the General Court of 23 March 2010 — Marcuccio v Commission (Appeal — Staff case — Officials — Reasonable time for the submission of a claim for compensation — Lateness — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2010-03-23
Institutions: General Court
Subjects: European Commission, action for annulment (EU), appeal, health expenditure, ordinance, physician








C_2010148EN.01003101.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/31





Order of the General Court of 23 March 2010 — Marcuccio v Commission
(Case T-16/09 P) (1)

(Appeal - Staff case - Officials - Reasonable time for the submission of a claim for compensation - Lateness - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2010/C 148/55
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 4 November 2008 in Case F-87/07 Marcuccio v Commission, not yet published in the ECR, seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay those incurred by the European Commission in the present case.






(1)  OJ C 55, 7.3.2009.
Euro exchange rates
Date: 2010-03-23
Institutions: European Commission
Subjects: euro, exchange rate








C_2010073EN.01001201.xml










23.3.2010   


EN


Official Journal of the European Union


C 73/12





Euro exchange rates (1)

22 March 2010
2010/C 73/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3471




JPY


Japanese yen


121,25




DKK


Danish krone


7,4404




GBP


Pound sterling


0,89900




SEK


Swedish krona


9,7585




CHF


Swiss franc


1,4348




ISK


Iceland króna


 




NOK


Norwegian krone


8,0445




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,465




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


265,30




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7080




PLN


Polish zloty


3,9250




RON


Romanian leu


4,0915




TRY


Turkish lira


2,0884




AUD


Australian dollar


1,4815




CAD


Canadian dollar


1,3788




HKD


Hong Kong dollar


10,4552




NZD


New Zealand dollar


1,9205




SGD


Singapore dollar


1,8923




KRW


South Korean won


1 529,88




ZAR


South African rand


9,9494




CNY


Chinese yuan renminbi


9,1961




HRK


Croatian kuna


7,2600




IDR


Indonesian rupiah


12 296,59




MYR


Malaysian ringgit


4,4757




PHP


Philippine peso


61,530




RUB


Russian rouble


39,9540




THB


Thai baht


43,592




BRL


Brazilian real


2,4384




MXN


Mexican peso


17,0644




INR


Indian rupee


61,4080






(1)  Source: reference exchange rate published by the ECB.