do-me/EUR-LEX huggingface dataset:
Case C-239/10: Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — Xuan-Mai Tran v Landsbanki Luxembourg SA (in liquidation)
Date: 2010-05-12
Institutions: Court of Justice
Subjects: collective dismissal, financial solvency, interpretation of the law, liquidation








C_2010209EN.01002401.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/24





Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — Xuan-Mai Tran v Landsbanki Luxembourg SA (in liquidation)
(Case C-239/10)
()
2010/C 209/32
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Xuan-Mai Tran

Defendant: Landsbanki Luxembourg SA (in liquidation)

Questions referred







1.


Are Articles 1, 2 and 3 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding-up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(l)(a) and (b) of the amended Law of 5 April 1993 relating to the financial sector, in respect of which termination the national legislation provides for the termination of employment contracts with immediate effect










2.


If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59/EC to be interpreted as meaning that the administrator or liquidator is to be deemed to be in the same position as an employer who is contemplating collective redundancies and who is capable of carrying out, to that end, the acts referred to in Articles 2 and 3 of Directive 98/53/EC and of effecting such redundancies (judgment in Case C-323/08, paragraphs 39, 40 and 41)? (2)







(1)  OJ 1998 L 225, p. 16.

(2)  Judgment of 10 December 2009 in Case C-323/08 Rodríguez Mayor and Others
Case F-13/09: Judgment of the Civil Service Tribunal (2nd Chamber) of 12 May 2010 — Peláez Jimeno v Parliament (Staff case — Officials — Previous complaint — Time-limit for the complaint — Lateness — Proof — Former member of the temporary staff — Appointment as an official — Article 5(4) of Annex XIII to the Staff Regulations — Equal treatment)
Date: 2010-05-12
Institutions: Civil Service Tribunal
Subjects: European Parliament, European official, action for annulment (EU), traineeship








C_2010209EN.01005301.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/53





Judgment of the Civil Service Tribunal (2nd Chamber) of 12 May 2010 — Peláez Jimeno v Parliament
(Case F-13/09) (1)

(Staff case - Officials - Previous complaint - Time-limit for the complaint - Lateness - Proof - Former member of the temporary staff - Appointment as an official - Article 5(4) of Annex XIII to the Staff Regulations - Equal treatment)
2010/C 209/81
Language of the case: French

Parties


Applicant: Peláez Jimeno (Relegem-Asse, Belgium) (represented by: M. Casado García-Hirschfeld, lawyer)

Defendant: European Parliament (represented by: C. Burgos and K. Zejdová initially, then by K. Zejdová and S. Seyr, Agents)

Re:

Annulment of the appointing authority’s decision to classify the applicant, as a probationary official, in a grade and step lower than that which she occupied as a member of the temporary staff

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Ms Peláez Jimeno to pay all the costs.






(1)  OJ C 90, 18.04.2009, p, 40.
Case C-237/10: Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — Miguel Remy v Landsbanki Luxembourg SA (in liquidation)
Date: 2010-05-12
Institutions: Court of Justice
Subjects: collective dismissal, financial solvency, interpretation of the law, liquidation








C_2010209EN.01002301.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/23





Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — Miguel Remy v Landsbanki Luxembourg SA (in liquidation)
(Case C-237/10)
()
2010/C 209/30
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: Miguel Remy

Defendant: Landsbanki Luxembourg SA (in liquidation)

Questions referred







1.


Are Articles 1, 2 and 3 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding-up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(l)(a) and (b) of the amended Law of 5 April 1993 relating to the financial sector, in respect of which termination the national legislation provides for the termination of employment contracts with immediate effect?










2.


If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59/EC to be interpreted as meaning that the administrator or liquidator is to be deemed to be in the same position as an employer who is contemplating collective redundancies and who is capable of carrying out, to that end, the acts referred to in Articles 2 and 3 of Directive 98/53/EC and of effecting such redundancies (judgment in Case C-323/08, paragraphs 39, 40 and 41)? (2)







(1)  OJ 1998 L 225, p. 16.

(2)  Judgment of 10 December 2009 in Case C-323/08 Rodríguez Mayor and Others
Decision No 296 of 12 May 2010 terminating the procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-8 ‘Altimir’ , located in the provinces of Vratsa and Pleven
Date: 2010-05-12
Institutions: Bulgaria
Subjects: Bulgaria, competition law, energy site, exploitation of resources, gas field, invitation to tender, natural resources, offence, oilfield, petroleum exploration








C_2010237EN.01002301.xml










2.9.2010   


EN


Official Journal of the European Union


C 237/23





DECISION No 296
of 12 May 2010
terminating the procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-8 ‘Altimir’, located in the provinces of Vratsa and Pleven
2010/C 237/07
REPUBLIC OF BULGARIA
COUNCIL OF MINISTERS
Pursuant to Article 50(2), in conjunction with Articles 23(4) and 46(2)(2), of the Subsurface Resources Act and having regard to an infringement noted in the conduct of the procedure, resulting in a tenderer who does not meet the mandatory requirements laid down in the Subsurface Resources Act and the tender dossier being deemed eligible to take part in the procedure,
THE COUNCIL OF MINISTERS HAS DECIDED THAT:






1.


The procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-8 ‘Altimir’, located in the provinces of Vratsa and Pleven, shall be terminated.










2.


The Minister for the Economy, Energy and Tourism shall take the necessary steps to return the deposits to the tenderers after this Decision has entered into force.










3.


This Decision shall be subject to appeal before the Supreme Administrative Court within 14 days following its communication to the tenderers.







Prime Minister

Boyko BORISOV

Chief Secretary of the Council of Ministers

Rosen ZHELYAZKOV
Case T-222/10: Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
Date: 2010-05-12
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law








C_2010195EN.01002701.xml










17.7.2010   


EN


Official Journal of the European Union


C 195/27





Action brought on 12 May 2010 — ratiopharm v OHIM — nycomed (ZUFAL)
(Case T-222/10)
2010/C 195/42
Language in which the application was lodged: German

Parties


Applicant: ratiopharm GmbH (Ulm, Germany) (represented by: S. Völker, lawyer)

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 the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 March 2010 in Case R 874/2008-4;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘ZUFAL’ for goods in Class 5.

Proprietor of the mark or sign cited in the opposition proceedings: nycomed GmbH

Mark or sign cited in opposition: Community word mark ‘ZURCAL’ for goods in Class 5 and three national word marks ‘ZURCAL’ for goods in Class 5.

Decision of the Opposition Division: The opposition was upheld.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the opposing marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
List of recognised hop producer groups and associations
Date: 2010-05-12
Institutions: European Commission
Subjects: hops, producer organisation








C_2010123EN.01000801.xml










12.5.2010   


EN


Official Journal of the European Union


C 123/8





List of recognised hop producer groups and associations
2010/C 123/04
This publication is in conformity with Article 5(2) of Commission Regulation (EC) No 1299/2007 on the recognition of producer groups for hops.

BELGIUM

Poperingse Afzetcoöperatie voor Hop SV (Pacohop SV), Korte Werf 9, 8970 Poperinge, BELGIË

GERMANY







1.

HVG Hopfenverwertungsgenossenschaft e. G., Kellerstraße 1, 85283 Wolnzach, DEUTSCHLAND









2.

Hopfenverwertungsgenossenschaft Spalt e. G., 91174 Spalt, DEUTSCHLAND




SPAIN







1.

Grupo de cultivadores de Lúpulo de Carrizo de la Ribera (APA no 1), Miralrio 2, Villanueva de Carrizo (León), ESPAÑA









2.

SAT «Orbigo» no 9691 (APA no 3), Independencia 2, 2o, 24001 León, ESPAÑA




FRANCE







1.

Groupement de producteurs «Cophoudal», 22 rue des Roses, 67170 Brumath, FRANCE









2.

Groupement de producteurs «Coophounord», 870 route de Bailleul, 59270 Berthen, FRANCE




AUSTRIA







1.

Erzeugergemeinschaft für Hopfen in Leutschach, Eichberg 3, 8463 Leutschach, ÖSTERREICH









2.

Hopfenbaugenossenschaft registrierte GmbH, Linzerstraße 5, 4120 Neufelden, ÖSTERREICH




POLAND







1.

Grupa Producentów Rolnych Spółdzielnia „ALFA CHMIEL”, Żulice 16, 22-652 Telatyn, POLSKA/POLAND









2.

Spółdzielnia Producentów Chmielu „CHMIELEX”, Szczekarków 8, 24-313 Wilków, POLSKA/POLAND









3.

Lubelska Spółdzielcza Grupa Producentów Chmielu „Chmielarz”, ul. Partyzantów 12, 24-140 Nałęczów, POLSKA/POLAND




PORTUGAL

Bralúpulo — Produtores de lúpulo de Braga e Bragança, C.R.L., Lugar Vale d'Álvaro, Casa do Lavrador, 5300-068 Bragança, PORTUGAL

SLOVENIA

Hmeljarska zadruga z.o.o., Vrečarjeva 14, SI-3310 Žalec, SLOVENIJA

SLOVAKIA

„SLOVCHMEL“ družstvo, 916 24 Horná Streda, SLOVENSKO/SLOVAKIA

UNITED KINGDOM







1.

English Hops and Herbs Ltd, Hop Pocket Lane, Paddock Wood, Tonbridge, Kent, TN12 6DQ, UNITED KINGDOM









2.

Wealden Hops Ltd, Congelow, Benover Road, Yalding, Maidstone, Kent, ME18 6ET, UNITED KINGDOM









3.

Western Quality Hops Ltd, 3 Forge Bank, Bosbury, Ledbury, Herefordshire, HR8 1QU, UNITED KINGDOM









4.

Hawkbrand Hops Ltd, The Farm, Bosbury, Ledbury, Herefordshire, HR8 1NW, UNITED KINGDOM
Commission Regulation (EU) No 415/2010 of 12 May 2010 entering a name in the register of protected designations of origin and protected geographical indications (Tettnanger Hopfen (PGI))
Date: 2010-05-12
Institutions: European Commission
Subjects: Germany, alcoholic beverage, beer, designation of origin, hops, location of production, product designation








L_2010119EN.01000501.xml










13.5.2010   


EN


Official Journal of the European Union


L 119/5








            COMMISSION REGULATION (EU) No 415/2010
of 12 May 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Tettnanger Hopfen (PGI))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Germany’s application to register the name ‘Tettnanger Hopfen’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th day following 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, 12 May 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 222, 15.9.2009, p. 8.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.8.   Other products of Annex I of the Treaty (spices etc.)

GERMANY
Tettnanger Hopfen (PGI)
Case T-148/08: Judgment of the General Court of 12 May 2010 — Beifa Group v OHIM — Schwan-Stabilo Schwanhaüßer (Instrument for writing) (Community design — Invalidity proceedings — Registered Community design representing an instrument for writing — Earlier national figurative mark — Ground for invalidity — Use in the Community design of an earlier sign the holder of which has the right to prohibit such use — Article 25(1)(e) of Regulation (EC) No 6/2002 — Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal)
Date: 2010-05-12
Institutions: General Court
Subjects: European Union Intellectual Property Office, action for annulment (EU), designs and models, industrial counterfeiting, trade-mark law








C_2010179EN.01003302.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/33






Judgment of the General Court of 12 May 2010 — Beifa Group v OHIM — Schwan-Stabilo Schwanhaüßer (Instrument for writing)
(Case T-148/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing an instrument for writing - Earlier national figurative mark - Ground for invalidity - Use in the Community design of an earlier sign the holder of which has the right to prohibit such use - Article 25(1)(e) of Regulation (EC) No 6/2002 - Request for proof of genuine use of the earlier mark made for the first time before the Board of Appeal)
(2010/C 179/56)
Language of the case: English

Parties


Applicant: Beifa Group Co. Ltd (Ningbo, Zhejiang, China) (represented by: R. Davis, Barrister, and N. Cordell, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Schwan-Stabilo Schwanhaüßer GmbH & Co. KG (Heroldsberg, Germany) (represented by: U. Blumenröder and H. Gauß, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 31 January 2008 (Case R 1352/2006-3) relating to invalidity proceedings between Schwan-Stabilo Schwanhaüßer GmbH & Co. KG and Ningo Beifa Group Co., Ltd in respect of a Community design.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 January 2008 (Case R 1352/2006-3);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and to pay those incurred by Beifa Group Co. Ltd, and orders Schwan Stabilo Schwanhaüßer GmbH & Co. KG to bear its own costs.






(1)  OJ C 142, 7.6.2008.
Case C-235/10: Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — David Claes v Landsbanki Luxembourg SA (in liquidation)
Date: 2010-05-12
Institutions: Court of Justice
Subjects: collective dismissal, financial solvency, interpretation of the law, liquidation








C_2010209EN.01002201.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/22





Reference for a preliminary ruling from the Cour de cassation (Luxembourg) lodged on 12 May 2010 — David Claes v Landsbanki Luxembourg SA (in liquidation)
(Case C-235/10)
()
2010/C 209/28
Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings


Applicant: David Claes

Defendant: Landsbanki Luxembourg SA (in liquidation)

Questions referred







1.


Are Articles 1, 2 and 3 of Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (1) to be interpreted as applying to a termination of activities as a result of a declaration that the employer is insolvent or a judicial decision ordering the dissolution and winding-up, on grounds of insolvency, of the credit institution which is the employer on the basis of Article 61(l)(a) and (b) of the amended Law of 5 April 1993 relating to the financial sector, in respect of which termination the national legislation provides for the termination of employment contracts with immediate effect?










2.


If the answer to the first question is in the affirmative, are Articles 1, 2 and 3 of Directive 98/59/EC to be interpreted as meaning that the administrator or liquidator is to be deemed to be in the same position as an employer who is contemplating collective redundancies and who is capable of carrying out, to that end, the acts referred to in Articles 2 and 3 of Directive 98/53/EC and of effecting such redundancies (judgment in Case C-323/08, paragraphs 39, 40 and 41)? (2)







(1)  OJ 1998 L 225, p. 16.

(2)  Judgment of 10 December 2009 in Case C-323/08 Rodríguez Mayor and Others
Case C-350/09 P: Order of the Court of 12 May 2010 — Centre de promotion de l'emploi par la micro-entreprise (CPEM) v European Commission (Appeal — European Social Fund — Financial assistance — Cancellation)
Date: 2010-05-12
Institutions: Court of Justice
Subjects: European Anti-fraud Office, European Social Fund, France, action for annulment, judicial investigation, judicial proceedings








C_2010288EN.01001502.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/15






Order of the Court of 12 May 2010 — Centre de promotion de l'emploi par la micro-entreprise (CPEM) v European Commission
(Case C-350/09 P) (1)

(Appeal - European Social Fund - Financial assistance - Cancellation)
(2010/C 288/24)
Language of the case: French

Parties


Appellant: Centre de promotion de l'emploi par la micro-entreprise (CPEM) (represented by: C. Bonnefoi, avocate)

Other party to the proceedings: European Commission (represented by: L. Flynn and A. Steiblytė, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 June 2009 in Case T-444/07 CPEM v Commission dismissing the appellant’s application for annulment of Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999 — Microprojects promoting employment and social cohesion — Infringement of the rights of the defence and the principle of equal treatment — Failure to take into account the concept of ‘co-responsibility’ — Failure to observe the principle of legal certainty as a result of the existence of several different versions of the ‘Promoter’s Guide’ — Doubts as to the applicability of Council Regulation No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) on which OLAF’s decision was based

Operative part of the order







1.


The appeal is dismissed;










2.


The Centre de promotion de l'emploi par la micro-entreprise (CPEM) shall pay the costs.






(1)  OJ C 312, of 19.12.2009.
Decision No 299 of 12 May 2010 terminating the procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-6 ‘Pelovo’ , located in the province of Pleven
Date: 2010-05-12
Institutions: Bulgaria
Subjects: Bulgaria, competition law, energy site, exploitation of resources, gas field, oilfield, petroleum exploration, tendering








C_2010236EN.01001101.xml










1.9.2010   


EN


Official Journal of the European Union


C 236/11





DECISION No 299
of 12 May 2010
terminating the procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-6 ‘Pelovo’, located in the province of Pleven
2010/C 236/10
REPUBLIC OF BULGARIA
COUNCIL OF MINISTERS
Pursuant to Article 50(2), in conjunction with Articles 23(4) and 46(2)(2), of the Subsurface Resources Act and having regard to an infringement noted in the conduct of the procedure, resulting in a tenderer who does not meet the mandatory requirements laid down in the Subsurface Resources Act and the tender dossier being deemed eligible to take part in the procedure,
THE COUNCIL OF MINISTERS HAS DECIDED THAT:






1.


The procedure for granting authorisation for the prospection and exploration of oil and natural gas, being subsurface resources as defined in Article 2(1)(3) of the Subsurface Resources Act, in Block 1-6 ‘Pelovo’, situated in the province of Pleven shall be terminated.










2.


The Minister for the Economy, Energy and Tourism shall take the necessary steps to return the deposits to the tenderers after this Decision has entered into force.










3.


This Decision shall be subject to appeal before the Supreme Administrative Court within 14 days following its communication to the tenderers.







Prime Minister

Boyko BORISOV

Chief Secretary of The Council of Ministers

Rosen ZHELYAZKOV