do-me/EUR-LEX huggingface dataset:
Case T-586/08: Judgment of the General Court of 29 April 2010 — Kerma v OHIM (BIOPIETRA) (Community trade mark — Application for the Community word mark BIOPIETRA — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-04-29
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Italy, action for annulment (EU), trade-mark law








C_2010161EN.01004002.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/40






Judgment of the General Court of 29 April 2010 — Kerma v OHIM (BIOPIETRA)
(Case T-586/08) (1)

(Community trade mark - Application for the Community word mark BIOPIETRA - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
(2010/C 161/62)
Language of the case: Italian

Parties


Applicant: Kerma SpA (Raffa di Puegnago sul Garda, Italy) (represented by: A. Manzoni, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: O. Montalto, Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 889/2008-1) concerning an application for registration of the word mark BIOPIETRA as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Kerma SpA to pay the costs.






(1)  OJ C 55, 7.3.2009.
Corrigendum to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel ( OJ L 27, 30.1.2010 )
Date: 2010-04-29
Institutions: Council of the European Union, European Parliament
Subjects: European standard, consumer information, eco-label, environmental impact, environmental protection, quality label, quality standard




L_2010108EN.01035501.xml










29.4.2010   


EN


Official Journal of the European Union


L 108/355







Corrigendum to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel
(
Official Journal of the European Union L 27 of 30 January 2010
)

On page 13, in Annex II, the ‘Optional label with text box’ should read as follows:



Better for the environment …






•


[text specified in criteria]










•


[text specified in criteria]










•


[text specified in criteria]




… better for you.
Euro exchange rates
Date: 2010-04-29
Institutions: European Commission
Subjects: euro, exchange rate








C_2010110EN.01000301.xml










29.4.2010   


EN


Official Journal of the European Union


C 110/3





Euro exchange rates (1)

28 April 2010
2010/C 110/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3245




JPY


Japanese yen


124,48




DKK


Danish krone


7,4423




GBP


Pound sterling


0,87080




SEK


Swedish krona


9,6258




CHF


Swiss franc


1,4341




ISK


Iceland króna


 




NOK


Norwegian krone


7,8750




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,570




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


269,90




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7080




PLN


Polish zloty


3,9315




RON


Romanian leu


4,1370




TRY


Turkish lira


1,9860




AUD


Australian dollar


1,4343




CAD


Canadian dollar


1,3402




HKD


Hong Kong dollar


10,2883




NZD


New Zealand dollar


1,8475




SGD


Singapore dollar


1,8198




KRW


South Korean won


1 481,87




ZAR


South African rand


9,8907




CNY


Chinese yuan renminbi


9,0401




HRK


Croatian kuna


7,2510




IDR


Indonesian rupiah


11 979,43




MYR


Malaysian ringgit


4,2616




PHP


Philippine peso


59,338




RUB


Russian rouble


38,8205




THB


Thai baht


42,841




BRL


Brazilian real


2,3308




MXN


Mexican peso


16,3284




INR


Indian rupee


59,1320






(1)  Source: reference exchange rate published by the ECB.
Case C-123/09: Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Finanzgericht München — Germany) — Roeckl Sporthandschuhe GmbH & Co. KG v Hauptzollamt München (Common Customs Tariff — Tariff headings — Combined nomenclature classification of riding gloves — Heading 3926 — Heading 6116)
Date: 2010-04-29
Institutions: Court of Justice
Subjects: Combined Nomenclature, EU production, Germany, common customs tariff, interpretation of the law, plastics, textile product








C_2010161EN.01001301.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/13






Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Finanzgericht München — Germany) — Roeckl Sporthandschuhe GmbH & Co. KG v Hauptzollamt München
(Case C-123/09) (1)

(Common Customs Tariff - Tariff headings - Combined nomenclature classification of riding gloves - Heading 3926 - Heading 6116)
(2010/C 161/18)
Language of the case: German

Referring court

Finanzgericht München

Parties to the main proceedings


Applicant: Roeckl Sporthandschuhe GmbH & Co. KG

Defendant: Hauptzollamt München

Re:

Reference for a preliminary ruling — Finanzgericht München — Interpretation of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1789/2003 of 11 September 2003 (OJ 2003 L 281, p. 1) — Textile product roughened on one side for the sole purpose of strengthening adhesion of a layer of plastic material — Classification under subheading 3926 20 00 of the Combined Nomenclature

Operative part of the judgment

The Combined Nomenclature constituting Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1789/2003 of 11 September 2003, must be interpreted as meaning that riding gloves, such as those at issue in the main proceedings, made up of fabric raised on one side and covered with a layer of plastic, where the support fabric is raised on one side and the raised side is then completely covered with a layer of polyurethane foam, which has an essential function in use of the gloves as riding gloves, must be classified under subheading 3926 20 00 of the Combined Nomenclature.


(1)  OJ C 129, 6.6.2009.
Non-opposition to a notified concentration (Case COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business) Text with EEA relevance
Date: 2010-04-29
Institutions: European Commission
Subjects: distributive trades, economic concentration, exchange of information, information technology industry, merger control, software








C_2010110EN.01000101.xml










29.4.2010   


EN


Official Journal of the European Union


C 110/1





Non-opposition to a notified concentration
(Case COMP/M.5763 — Dassault Systemes/IBM DS PLM Software business)
(Text with EEA relevance)
2010/C 110/01
On 29 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 32010M5763. EUR-Lex is the on-line access to the European law.
Case T-196/10: Action brought on 29 April 2010 — Apotheke DocMorris v OHIM (Representation of a green and white cross)
Date: 2010-04-29
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), pharmacy, trade-mark law








C_2010179EN.01004602.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/46






Action brought on 29 April 2010 — Apotheke DocMorris v OHIM (Representation of a green and white cross)
(Case T-196/10)
(2010/C 179/81)
Language of the case: German

Parties


Applicant: Apotheke DocMorris Holding GmbH (Stuttgart, Germany) (represented by Y. Dick, lawyer)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 February 2010 in Case R 470/2009-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark representing a green and white cross, in respect of goods and services in Classes 3, 5, 8, 9, 10, 11, 16, 21, 25, 29, 30, 32, 35-42 and 44 — Application No 5 930 979.

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 207/2009 (1), as the Board of Appeal’s assessment in relation to establishing distinctiveness was incorrect in a number of respects.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Corrigendum to Guideline of the European Central Bank of 17 July 2009 amending Guideline ECB/2006/16 on the legal framework for accounting and financial reporting in the European System of Central Banks (ECB/2009/18) ( OJ L 202, 4.8.2009 )
Date: 2010-04-29
Institutions: European Central Bank
Subjects: European Central Bank, European System of Central Banks, exchange of information, exchange transaction, financial instrument, financial situation, participating country (euro area), standardised accounting system








L_2010107EN.01002601.xml










29.4.2010   


EN


Official Journal of the European Union


L 107/26





Corrigendum to Guideline of the European Central Bank of 17 July 2009 amending Guideline ECB/2006/16 on the legal framework for accounting and financial reporting in the European System of Central Banks
(ECB/2009/18)
(
Official Journal of the European Union L 202 of 4 August 2009
)
On page 81, Annex VIII, liability item 10:
for:
‘Other liabilities’,
read:
‘Intra-Eurosystem liabilities’.
Case C-102/09: Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Camar Srl v Presidenza del Consiglio dei Ministri (International agreements — Yaoundé Convention — Fourth ACP-EEC Lomé Convention — Standstill clause — Internal taxation — Bananas)
Date: 2010-04-29
Institutions: Court of Justice
Subjects: Council of Ministers, EU Member State, Italy, consumer protection, interpretation of the law, tax system, tropical fruit








C_2010161EN.01001201.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/12






Judgment of the Court (Third Chamber) of 29 April 2010 (reference for a preliminary ruling from the Tribunale di Firenze — Italy) — Camar Srl v Presidenza del Consiglio dei Ministri
(Case C-102/09) (1)

(International agreements - Yaoundé Convention - Fourth ACP-EEC Lomé Convention - Standstill clause - Internal taxation - Bananas)
(2010/C 161/16)
Language of the case: Italian

Referring court

Tribunale di Firenze

Parties to the main proceedings


Applicant: Camar Srl

Defendant: Presidenza del Consiglio dei Ministri

Re:

Reference for a preliminary ruling — Tribunale di Firenze — Common organisation of the markets — Bananas — Compatibility with Article 14 of the First Yaoundé Convention and with the import system governed by the ACP-EEC Lomé Convention of a national law imposing a consumption tax on bananas originating in Somalia

Operative part of the judgment







1.


Article 14 of the Convention of Association between the European Economic Community and the African States and Madagascar associated with the Community, signed at Yaoundé on 20 July 1963, did not preclude a tax on bananas originating in Somalia such as that introduced by Law No 986/1964 of 9 October 1964.










2.


The national court is not required to examine the specific effects of increases of a tax on imports of bananas originating in Somalia, such as the tax introduced by the legislation at issue in the main proceedings, by comparison with the situation before 1 April 1976, in order to determine whether such increases are compatible with the standstill clause in Article 1 of Protocol No 5 on bananas annexed to the Fourth Lomé Convention. However, increases of such a tax which simply adjust it to take account of inflation are not incompatible with that clause.






(1)  OJ C 129, 6.6.2009.
Corrigendum to Guideline of the European Central Bank of 17 July 2009 amending Guideline ECB/2006/16 on the legal framework for accounting and financial reporting in the European System of Central Banks (ECB/2009/18) ( OJ L 202, 4.8.2009 )
Date: 2010-04-29
Institutions: European Central Bank
Subjects: European Central Bank, European System of Central Banks, exchange of information, exchange transaction, financial instrument, financial situation, participating country (euro area), standardised accounting system








L_2010107EN.01002601.xml










29.4.2010   


EN


Official Journal of the European Union


L 107/26







Corrigendum to Guideline of the European Central Bank of 17 July 2009 amending Guideline ECB/2006/16 on the legal framework for accounting and financial reporting in the European System of Central Banks
(ECB/2009/18)
(
Official Journal of the European Union L 202 of 4 August 2009
)

On page 81, Annex VIII, liability item 10:
for:

               ‘Other liabilities’,
read:

               ‘Intra-Eurosystem liabilities’.
Prior notification of a concentration (Case COMP/M.5874 — Barclays/Blackstone/Portfolio Hotels) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-04-29
Institutions: European Commission
Subjects: bank, economic concentration, electronic banking, exchange of information, financial services, merger control








C_2010110EN.01000701.xml










29.4.2010   


EN


Official Journal of the European Union


C 110/7





Prior notification of a concentration
(Case COMP/M.5874 — Barclays/Blackstone/Portfolio Hotels)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 110/07






1.


On 21 April 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Barclays Bank PLC (‘Barclays’, UK) and Hilton Hotels Corporation (‘Hilton’, UK), which is controlled by the Blackstone Group (‘Blackstone’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over a portfolio of 8 European hotels (the Portfolio Hotels), currently jointly controlled by Morgan Stanley Real Estate Fund VI International-T, L.P. (‘MSRF’, USA) and Hilton, by way of a mixture of share and assets purchase.










2.


The business activities of the undertakings concerned are:






—


for Barclays: global financial service provider engaged in retail and commercial banking, credit cards, investment banking, wealth management and investment management services,










—


for Blackstone: global alternative asset manager and provider of financial advisory services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (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), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5874 — Barclays/Blackstone/Portfolio Hotels, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case T-200/10: Action brought on 29 April 2010 — Avery Dennison Corp. v OHIM — Dennison Hesperia (AVERY DENNISON)
Date: 2010-04-29
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010161EN.01005601.xml










19.6.2010   


EN


Official Journal of the European Union


C 161/56






Action brought on 29 April 2010 — Avery Dennison Corp. v OHIM — Dennison Hesperia (AVERY DENNISON)
(Case T-200/10)
(2010/C 161/88)
Language in which the application was lodged: Spanish

Parties


Applicant: Avery Dennison Corp. (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, 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: Dennison Hersperia, S.A. (Torrejón de Ardoz, Spain)

Form of order sought







—


annul or, in the alternative, amend the Decision of the Second Board of Appeal of OHIM of 9 February 2010 in case R 798/2009-2;










—


order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Avery Dennison Corp.

Community trade mark concerned: Word mark ‘AVERY DENNISON’ (Application No 3 825 114) for goods and services in Classes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 16, 17, 19, 20, 22, 24, 28, 35, 37, 38, 39, 40, 41 and 42

Proprietor of the mark or sign cited in the opposition proceedings: Dennison Hesperia, S.A.

Mark or sign cited in opposition: Spanish trade mark ‘DENNISON’ (No 1 996 088) for goods in Class 16.

Decision of the Opposition Division: Opposition partially upheld.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Incorrect interpretation of Articles 42(2) and (3) and, in the alternative, Article 8(1)(b) of Regulation No 207/09 on the Community trade mark.
Commission Regulation (EU) No 370/2010 of 29 April 2010 fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009
Date: 2010-04-29
Institutions: European Commission
Subjects: Dominican Republic, export licence, export refund, milk product








L_2010109EN.01000301.xml










30.4.2010   


EN


Official Journal of the European Union


L 109/3








            COMMISSION REGULATION (EU) No 370/2010
of 29 April 2010
         
fixing the allocation coefficient to be applied to applications for export licences for certain milk products to be exported to the Dominican Republic under the quota referred to in Regulation (EC) No 1187/2009


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 1187/2009 of 27 November 2009 laying down special detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards export licences and export refunds for milk and milk products (2), and in particular Article 31(2) thereof,

Whereas:







(1)


Section 3 of Chapter III of Regulation (EC) No 1187/2009 determines the procedure for allocating export licences for certain milk products to be exported to the Dominican Republic under a quota opened for that country.












(2)


Applications submitted for the 2010/2011 quota year cover quantities greater than those available. As a result, allocation coefficients should be set for the quantities applied for,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities covered by export licence applications for the products referred to in Article 27(2) of Regulation (EC) No 1187/2009 submitted for the period 1 July 2010 to 30 June 2011 shall be multiplied by the following allocation coefficients:






—


0,631009 for applications submitted for the part of the quota referred to in Article 28(1)(a) of Regulation (EC) No 1187/2009,










—


0,567088 for applications submitted for the part of the quota referred to in Article 28(1)(b) of Regulation (EC) No 1187/2009.






Article 2
This Regulation shall enter into force on 30 April 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 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 318, 4.12.2009, p. 1.