do-me/EUR-LEX huggingface dataset:
Case T-172/10: Action brought on 8 April 2010 — Colas v OHIM — García-Teresa Gárate (BASE-SEAL)
Date: 2010-04-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), chemical industry, trade-mark law








C_2010161EN.01004901.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/49






Action brought on 8 April 2010 — Colas v OHIM — García-Teresa Gárate (BASE-SEAL)
(Case T-172/10)
(2010/C 161/78)
Language in which the application was lodged: French

Parties


Applicant: Colas (Boulogne-Billancourt, France) (represented by: E. Logeais, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rosario García-Teresa Gárate

Form of order sought

The applicant claims that the Court should:






—


primarily, annul the decision of the Board of Appeal:






—


in so far as it found that there was no similarity between the signs, relying on a distorted representation of the trade mark application at issue and failing, inter alia, to precisely specify the relevant public and to give reasons for the distinctive and dominant character of the terms BASE-SEAL;










—


in so far as it denied all similarity of the signs and consequently rejected the opposition to registration of the trade mark BASE-SEAL in breach of Article 8(1)(b) CTMR; and














—


in the alternative, partly annul the decision of the Board of Appeal in respect of the sole goods other than ‘chemicals used in science, photography, agriculture, horticulture and forestry … manures, chemical substances for preserving foodstuffs…’;










—


in any event, order the Office to pay all the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Rosario García-Teresa Gárate

Community trade mark concerned: a figurative mark ‘BASE-SEAL’ for goods in Classes 1, 17 and 19 (Application No 3 951 464)

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

Mark or sign cited in opposition: several national figurative marks (Spanish, Hungarian, French, Polish, Swedish, German and Czech) and an international figurative mark in the form of a diamond, partly in yellow and containing the word ‘Colas’ for goods in Classes 1, 19 and 37

Decision of the Opposition 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 Council Regulation (EC) No 207/2009 on the Community trade mark on account of the fact that there is a likelihood of confusion between the conflicting marks
Non-opposition to a notified concentration (Case COMP/M.5794 — Ramsay Health Care/Predica/Groupe Proclif) Text with EEA relevance
Date: 2010-04-08
Institutions: European Commission
Subjects: France, disclosure of information, economic concentration, financial services, insurance, medical institution, merger control, private medical treatment, provision of services, restrictive-practice authorisation








C_2010090EN.01000102.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/1





Non-opposition to a notified concentration
(Case COMP/M.5794 — Ramsay Health Care/Predica/Groupe Proclif)
(Text with EEA relevance)
2010/C 90/02
On 26 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 32010M5794. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 294/2010 of 8 April 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-04-08
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit








L_2010089EN.01000301.xml










9.4.2010   


EN


Official Journal of the European Union


L 89/3








            COMMISSION REGULATION (EU) No 294/2010
of 8 April 2010
         
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 9 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 2010.


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 


IL 


160,8 




JO 


113,1 




MA 


135,9 




TN 


135,7 




TR 


119,1 




ZZ 


132,9 




0707 00 05 


JO 


92,1 




MA 


88,9 




TR 


126,4 




ZZ 


102,5 




0709 90 70 


MA 


69,8 




TR 


113,0 




ZZ 


91,4 




0805 10 20 


EG 


48,5 




IL 


53,3 




MA 


50,7 




TN 


47,6 




TR 


64,8 




ZZ 


53,0 




0805 50 10 


EG 


65,1 




IL 


66,2 




TR 


53,5 




ZA 


64,2 




ZZ 


62,3 




0808 10 80 


AR 


93,7 




BR 


83,8 




CA 


112,7 




CL 


82,1 




CN 


73,6 




MK 


23,6 




US 


139,1 




UY 


74,3 




ZA 


79,8 




ZZ 


84,7 




0808 20 50 


AR 


94,7 




CL 


110,7 




CN 


68,8 




ZA 


90,2 




ZZ 


91,1 






(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’.
Proposal for a Decision of the European Parliament and of the Council on the Mobilisation of the Flexibility Instrument
Date: 2010-04-08
Institutions: European Commission
Subjects: EU financial instrument, EU financing, commitment of expenditure, general budget (EU), tropical fruit

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 8.4.2010 
COM(2010)150 final 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Mobilisation of the Flexibility Instrument 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The  Interinstitutional  Agreement  of  17  May  20061  allows  for  the  mobilisation  of  the 
Flexibility Instrument to allow the financing of clearly identified expenditure which could not 
be  financed  within  the  limits  of  the  ceilings  available  for  one  or  more  headings  of  the 
multiannual financial framework. 

In accordance with point 27 of the Interinstitutional Agreement, and after having examined all 
possibilities  for  re-allocating  appropriations  under  heading  4,  the  Commission  proposes  to 
mobilise the Flexibility Instrument for the financing of the Banana Accompanying Measures 
(BAM), for an amount of EUR 18,3 million beyond the ceiling of heading 4.  

The two arms of the budgetary authority are reminded that the publication of the Decision in 
the Official Journal of the European Union shall not intervene later than the publication for 
the Amending Budget No 3/2010. 

1 

OJ C 139, 14.06.2006, p. 1 

EN 

2 

   EN 

 
                                                 
Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the Mobilisation of the Flexibility Instrument 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Interinstitutional  Agreement  of  17  May  2006  between  the  European 
Parliament,  the  Council  and  the  Commission  on  budgetary  discipline  and  sound  financial 
management2, and in particular the fifth paragraph of point 27 thereof, 

Having regard to the proposal from the Commission3, 

Whereas,  after  having  examined  all  possibilities  for  re-allocating  appropriations  under 
heading  4,  the  two  arms  of  the  budgetary  authority  agreed  to  mobilise  the  Flexibility 
Instrument to complement the financing in the 2010 budget, beyond the ceiling of heading 4, 
of EUR 18,3 million towards the financing of the Banana Accompanying Measures (BAM). 

HAVE DECIDED AS FOLLOWS:  

Article 1 

For  the  general  budget  of  the  European  Union  for  the  financial  year  2010  (hereinafter  “the 
2010 budget”), the flexibility instrument shall be used to provide the sum of EUR 18,3 million 
in commitment appropriations in heading 4. 

That amount shall be used to complement the financing of: 

–  EUR 18,3 million towards the financing of the Banana Accompanying Measures (BAM). 

Article 2 

This decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

2 
3 

OJ C 139, 14.06.2006, p. 1. 
OJ […] 

EN 

3 

   EN
Commission Regulation (EU) No 296/2010 of 8 April 2010 granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2010-04-08
Institutions: European Commission
Subjects: award of contract, export refund, skimmed milk powder








L_2010089EN.01000601.xml










9.4.2010   


EN


Official Journal of the European Union


L 89/6








            COMMISSION REGULATION (EU) No 296/2010
of 8 April 2010
         
granting no export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a standing invitation to tender procedure.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 6 April 2010.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 6 April 2010, no export refund shall be granted for the product and destinations referred to in point (c) of Article 1 and in Article 2 respectively of that Regulation.


Article 2
This Regulation shall enter into force on 9 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 2010.


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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Non-opposition to a notified concentration (Case COMP/M.5817 — Triton Fund III/Ambea) Text with EEA relevance
Date: 2010-04-08
Institutions: European Commission
Subjects: disclosure of information, economic concentration, health care, investment company, merger control, private investment, provision of services, restrictive-practice authorisation








C_2010090EN.01000101.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/1





Non-opposition to a notified concentration
(Case COMP/M.5817 — Triton Fund III/Ambea)
(Text with EEA relevance)
2010/C 90/01
On 25 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 32010M5817. EUR-Lex is the on-line access to the European law.
Commission Regulation (EU) No 295/2010 of 8 April 2010 granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008
Date: 2010-04-08
Institutions: European Commission
Subjects: award of contract, butter, export refund








L_2010089EN.01000501.xml










9.4.2010   


EN


Official Journal of the European Union


L 89/5








            COMMISSION REGULATION (EU) No 295/2010
of 8 April 2010
         
granting no export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 619/2008


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), and in particular Article 164(2), in conjunction with Article 4, thereof,

Whereas:







(1)


Commission Regulation (EC) No 619/2008 of 27 June 2008 opening a standing invitation to tender for export refunds concerning certain milk products (2) provides for a permanent tender.












(2)


Pursuant to Article 6 of Commission Regulation (EC) No 1454/2007 of 10 December 2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products (3) and following an examination of the tenders submitted in response to the invitation to tender, it is appropriate not to grant any refund for the tendering period ending on 6 April 2010.












(3)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the standing invitation to tender opened by Regulation (EC) No 619/2008, for the tendering period ending on 6 April 2010, no export refund shall be granted for the products and destinations referred to in points (a) and (b) of Article 1 and in Article 2 of that Regulation.


Article 2
This Regulation shall enter into force on 9 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 April 2010.


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 168, 28.6.2008, p. 20.

(3)  
            OJ L 325, 11.12.2007, p. 69.
Non-opposition to a notified concentration (Case COMP/M.5775 — Jarden/Home and Baby Care Business of Total) Text with EEA relevance
Date: 2010-04-08
Institutions: European Commission
Subjects: consumer goods, disclosure of information, distributive trades, economic concentration, health care, household electrical appliance, merger control, plastics, polishing and scouring preparations, restrictive-practice authorisation








C_2010090EN.01000201.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/2





Non-opposition to a notified concentration
(Case COMP/M.5775 — Jarden/Home and Baby Care Business of Total)
(Text with EEA relevance)
2010/C 90/03
On 26 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 32010M5775. EUR-Lex is the on-line access to the European law.
Explanatory Notes to the Combined Nomenclature of the European Communities
Date: 2010-04-08
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, cycle and motorcycle industry, two-wheeled vehicle, vehicle parts








C_2010090EN.01000301.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/3





Explanatory Notes to the Combined Nomenclature of the European Communities
2010/C 90/05
Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

On page 377:


8712 00   Bicycles and other cycles (including delivery tricycles), not motorised

The second paragraph of the existing text is replaced by the following:
‘An incomplete bicycle, whether or not assembled, is to be classified under heading 8712 if it consists of the frame, the fork and at least two of the following components:






—


a set of wheels,










—


a crank-gear (see the Explanatory Notes to subheading 8714 96 30),










—


a steering unit (including handlebar and handlebar stems),










—


a brake system.’





On page 379, the following text is inserted:



‘8714 96 30   Crank-gear

A crank gear normally consists of:






—


a bracket bearing axle (see image 1),










—


one or several gearings (also referred to as sprockets, chain-rings or chain-wheels) usually attached to the right crank/pedal arm (see image 2), and










—


a left crank/pedal arm (see image 3).




By application of General Interpretative Rule 2(a) of the Combined Nomenclature, an article remains classified as an incomplete article, whether or not assembled, under this subheading, for example, when it consists of:






—


one or several gearings usually attached to the right crank/pedal arm,










—


one or several gearings usually attached to the right crank/pedal arm and the left crank/pedal arm,
or










—


one or several gearings usually attached to the right crank/pedal arm and the bracket bearing axle.’































(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.
Euro exchange rates
Date: 2010-04-08
Institutions: European Commission
Subjects: euro, exchange rate








C_2010090EN.01000401.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/4





Euro exchange rates (1)

7 April 2010
2010/C 90/06

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3340




JPY


Japanese yen


125,04




DKK


Danish krone


7,4435




GBP


Pound sterling


0,87885




SEK


Swedish krona


9,6755




CHF


Swiss franc


1,4321




ISK


Iceland króna


 




NOK


Norwegian krone


7,9650




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,240




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


266,20




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7070




PLN


Polish zloty


3,8385




RON


Romanian leu


4,0943




TRY


Turkish lira


2,0039




AUD


Australian dollar


1,4410




CAD


Canadian dollar


1,3363




HKD


Hong Kong dollar


10,3568




NZD


New Zealand dollar


1,8915




SGD


Singapore dollar


1,8619




KRW


South Korean won


1 495,12




ZAR


South African rand


9,6985




CNY


Chinese yuan renminbi


9,1054




HRK


Croatian kuna


7,2710




IDR


Indonesian rupiah


12 075,67




MYR


Malaysian ringgit


4,2841




PHP


Philippine peso


59,766




RUB


Russian rouble


39,1435




THB


Thai baht


43,208




BRL


Brazilian real


2,3446




MXN


Mexican peso


16,3415




INR


Indian rupee


59,3760






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case COMP/M.5760 — Lotte Group/Artenius UK Limited) Text with EEA relevance
Date: 2010-04-08
Institutions: European Commission
Subjects: chemical product, chemical salt, disclosure of information, economic concentration, merger control, organic acid, petroleum product, restrictive-practice authorisation








C_2010090EN.01000202.xml










8.4.2010   


EN


Official Journal of the European Union


C 90/2





Non-opposition to a notified concentration
(Case COMP/M.5760 — Lotte Group/Artenius UK Limited)
(Text with EEA relevance)
2010/C 90/04
On 19 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 32010M5760. EUR-Lex is the on-line access to the European law.