do-me/EUR-LEX huggingface dataset:
Case F-38/10: Action brought on 31 May 2010 — Vakalis v Commission
Date: 2010-05-31
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, transfer of pension rights








C_2010209EN.01005403.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/54





Action brought on 31 May 2010 — Vakalis v Commission
(Case F-38/10)
()
2010/C 209/86
Language of the case: French

Parties


Applicant: Ioannis Vakalis (Luvinate, Italy) (represented by: S. Pappas, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Office for Administration and Payment of Individual Entitlements determining the pension rights of the applicant on their transfer to the European Union scheme.

Form of order sought







—


Declare that the Commission decision No 60/2004 of 28 April 2004 is vitiated by illegality;










—


annul decision PMO-4/TP D(2009)/434514716;










—


annul the decision rejecting the complaint;










—


order the European Commission to pay the costs.
Case C-270/10: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 31 May 2010 — Lotta Gistö
Date: 2010-05-31
Institutions: Court of Justice
Subjects: Finland, civil servant, double taxation, interpretation of the law, legal domicile, personal income tax, residence








C_2010221EN.01002501.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/25





Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 31 May 2010 — Lotta Gistö
(Case C-270/10)
()
2010/C 221/39
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: Lotta Gistö

Other party: Veronsaajien oikeudenvalvontayksikkö

Question referred

Is Article 14 of the Protocol (1) to be interpreted in Lotta Gistö’s case as meaning that, in accordance with the provisions of the Protocol, her residence for tax purposes in 2007 is still Finland, or does the Protocol mean in this case that ultimately, however, the provisions of the domestic legislation of the Member State decide the question of general tax liability in a Member State, in this case Finland?


(1)  Protocol (No 36) on the privileges and immunities of the European Communities (1965),

OJ 2006 C 321 E, p. 318.
Case C-271/10: Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 31 May 2010 — Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat
Date: 2010-05-31
Institutions: Court of Justice
Subjects: approximation of laws, copyright, intellectual property, interpretation of the law, pay








C_2010234EN.01002202.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/22





Reference for a preliminary ruling from the Raad van State (Belgium) lodged on 31 May 2010 — Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA) v Belgische Staat
(Case C-271/10)
()
2010/C 234/36
Language of the case: Dutch

Referring court

Raad van State van België

Parties to the main proceedings


Applicant: Vereniging van Educatieve en Wetenschappelijke Auteurs (VEWA)

Defendant: Belgische Staat

Question referred

Does Article 5(1) of Council Directive 92/100/EEC (1) of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, now Article 6(1) of Directive 2006/115/EC (2) of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, according to which at least authors should obtain a remuneration for public lending, preclude a national provision which sets the remuneration at a flat rate of EUR 1 per adult per year and of EUR 0,5 per minor per year?


(1)  OJ 1992 L 346, p. 61.

(2)  OJ 2006 L 376, p. 28.
Case T-249/10: Action brought on 31 May 2010 — Kitzinger v OHIM — Mitteldeutscher Rundfunk, Zweites Deutsches Fernsehen (KICO)
Date: 2010-05-31
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment, carriage of goods, plastics industry, printing, pulp and paper industry, storage, trade-mark law








C_2010209EN.01004902.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/49





Action brought on 31 May 2010 — Kitzinger v OHIM — Mitteldeutscher Rundfunk, Zweites Deutsches Fernsehen (KICO)
(Case T-249/10)
()
2010/C 209/74
Language in which the application was lodged: German

Parties


Applicant: Kitzinger & Co (GmbH & Co. KG) (Hamburg, Germany) (represented by: S. Kitzinger, 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: Mitteldeutscher Rundfunk (body governed by public law) (Leipzig, Germany), Zweites Deutsches Fernsehen (body governed by public law) (Mainz, 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 25 March 2010 in Case R 1388/2008-4 to the extent that the decision of the Opposition Division of 28 July 2008 on opposition No B 1 133 612 is annulled and the opposition rejected;










—


in the alternative, annul the contested decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2010 in Case R 1388/2008-4;










—


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





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Figurative mark in blue and grey colours, which contains the word element ‘KICO’ for goods and services in Classes 16, 36 and 39.

Proprietor of the mark or sign cited in the opposition proceedings: Mitteldeutscher Rundfunk (body governed by public law) and Zweites Deutsches Fernsehen (body governed by public law).

Mark or sign cited in opposition: Community word mark ‘KIKA’ for goods and services in Classes 8, 9, 11, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32, 38 and 41 and German figurative mark in black and white colours which contains the word element ‘KIKA’ for goods and services in Classes 8, 9, 11, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32, 38, 41 and 42.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal dismissed.

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


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-272/10: Reference for a preliminary ruling from the Diikitiko Efetio Thessalonikis (Greece) lodged on 31 May 2010 — Suzanna Verkizi-Nikolakaki v Anotato Simvoulio Epilogis Prosopikou (ASEP) and Aristotelian University of Thessaloniki
Date: 2010-05-31
Institutions: Court of Justice
Subjects: EU law - national law, framework agreement, interpretation of the law, job security, labour law, temporary employment, work contract








C_2010221EN.01002502.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/25





Reference for a preliminary ruling from the Diikitiko Efetio Thessalonikis (Greece) lodged on 31 May 2010 — Suzanna Verkizi-Nikolakaki v Anotato Simvoulio Epilogis Prosopikou (ASEP) and Aristotelian University of Thessaloniki
(Case C-272/10)
()
2010/C 221/40
Language of the case: Greek

Referring court

Diikitiko Efetio Thessalonikis

Parties to the main proceedings


Applicant: Suzanna Verkizi-Nikolakaki

Defendant: Anotato Simvoulio Epilogis Prosopikou (ASEP) and Aristotelian University of Thessaloniki

Questions referred







1.


Is Article 11(2) of Presidential Decree 164/2004, which provides that, in order to establish that the preconditions for conversion of fixed-term contracts to contracts of indefinite duration are met, the employee must submit an application to the relevant body, containing information establishing satisfaction of the said preconditions, within two months of the entry into force thereof, in keeping with the purpose of Article 139(2) EC and the effectiveness, in accordance with the third paragraph of Article 249 EC, of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work, in view of the fact that the cut-off deadline causes employees to lose their right to convert their contracts if an application is not submitted by the two-month deadline?










2.


In view of the purpose of Council Directive 1999/70/EC of 28 June 1999 pursuant to Article 139(2) EC, does it suffice that the two-month deadline set for dealing with the number of employees subject to the provisions of Article 11 of Presidential Decree 164/2004, in order to put the objectives of the said directive into practical effect, in accordance with the third paragraph of Article 249 EC, was publicised simply by publication of the provisions of Article 11 of Presidential Decree 164/2004 in the Government Gazette?










3.


Does the failure to extend the two-month deadline, compared with extensions to similar deadlines set in similar legislative measures which predate Presidential Decree 164/2004, reduce the general level of protection of employees, in breach of clause 8.3 of [the annex to] Council Directive 1999/70/EC of 28 June 1999?
Commission Regulation (EU) No 474/2010 of 31 May 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-05-31
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit, stone fruit








L_2010134EN.01005901.xml










1.6.2010   


EN


Official Journal of the European Union


L 134/59








            COMMISSION REGULATION (EU) No 474/2010
of 31 May 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 1 June 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 May 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 


MA 


51,1 




MK 


50,2 




TN 


74,3 




TR 


63,0 




ZZ 


59,7 




0707 00 05 


AL 


41,0 




MA 


46,5 




MK 


57,4 




TR 


120,9 




ZZ 


66,5 




0709 90 70 


TR 


111,1 




ZZ 


111,1 




0805 50 10 


AR 


92,0 




BR 


112,1 




TR 


93,6 




ZA 


102,2 




ZZ 


100,0 




0808 10 80 


AR 


90,1 




BR 


79,2 




CA 


113,1 




CL 


95,4 




CN 


51,4 




MK 


26,7 




NZ 


106,6 




US 


148,6 




ZA 


90,6 




ZZ 


89,1 




0809 20 95 


TR 


526,5 




US 


328,1 




ZZ 


427,3 






(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’.
Case T-250/10: Action brought on 31 May 2010 — KNUT IP Management v OHIM — Zoologischer Garten Berlin (KNUT — DER EISBÄR)
Date: 2010-05-31
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, United Kingdom, action for annulment, clothing industry, pulp and paper industry, software, toy industry, trade-mark law








C_2010209EN.01005001.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/50





Action brought on 31 May 2010 — KNUT IP Management v OHIM — Zoologischer Garten Berlin (KNUT — DER EISBÄR)
(Case T-250/10)
()
2010/C 209/75
Language in which the application was lodged: German

Parties


Applicant: KNUT IP Management Ltd. (London, England) (represented by: C. Jaeckel, 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: Zoologischer Garten Berlin AG (Berlin, Germany)

Form of order sought







—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 March 2010 in Case R 650/2009-1;










—


order the defendant to pay the costs including those of the proceedings before the Board of Appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘KNUT — DER EISBÄR’ for goods and services in Classes 9, 16, 25, 28 and 41.

Proprietor of the mark or sign cited in the opposition proceedings: Zoologischer Garten Berlin AG.

Mark or sign cited in opposition: German word mark ‘KNUD’ for goods and services in Classes 9, 16 and 28; German word mark ‘Knut — der Eisbär’ for goods and services in Classes 16, 25, 28 and 41; German word mark ‘KNUT’ for goods and services in Classes 3, 4, 5, 8, 9, 11, 12, 14, 16, 18, 20, 21, 24, 25, 28, 29, 30, 32, 33, 35, 39, 41, 42 and 43; German word mark ‘KNUT’ for goods and services in Classes 16, 18, 21, 25, 28, 35, 41 and 42.

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Appeal allowed and opposition upheld in full.

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


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2010/349/: Decision taken by common accord between the Representatives of the Governments of the Member States of 31 May 2010 on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC)
Date: 2010-05-31
Institutions: Representatives of the Governments of the Member States
Subjects: EU office or agency, electronic mail, regulation of telecommunications, seat of institution








L_2010156EN.01001201.xml










23.6.2010   


EN


Official Journal of the European Union


L 156/12








            DECISION TAKEN BY COMMON ACCORD BETWEEN THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
         
of 31 May 2010
         
on the location of the seat of the Office of the Body of European Regulators for Electronic Communications (BEREC)
(2010/349/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 341,

Whereas:







(1)


Regulation (EC) No 1211/2009 of the European Parliament and of the Council (1) established the Body of European Regulators for Electronic Communications (BEREC) and the Office.












(2)


The location of the seat of the Office of BEREC should be determined,





HAVE ADOPTED THIS DECISION:



Article 1
The Office of the Body of European Regulators for Electronic Communications (BEREC) shall have its seat in Riga.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.


Article 3
This Decision shall be published in the Official Journal of the European Union.




Done at Brussels, 31 May 2010.


The President

P. L. MARÍN URIBE
            





(1)  
            OJ L 337, 18.12.2009, p. 1.
Council Decision of 31 May 2010 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
Date: 2010-05-31
Institutions: Council of the European Union
Subjects: Cedefop, appointment of members








C_2010147EN.01001901.xml










5.6.2010   


EN


Official Journal of the European Union


C 147/19





COUNCIL DECISION
of 31 May 2010
appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
2010/C 147/05
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
Having regard to the nomination submitted by the Greek Government,
Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
Having regard to the nomination submitted to the Council by the Commission in the category of Employers' representatives,
Whereas:






(1)


By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.










(2)


A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Konstantinos TSOUTSOPLIDIS.










(3)


A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Santa OZOLINA (LV).










(4)


A member's seat on the Governing Board of the Centre in the category of Employers' representatives has become vacant as a result of the resignation of Ms Józef Jacek HORDEJUK (PL),




HAS DECIDED AS FOLLOWS:
Sole Article
The following persons are hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:






 



GOVERNMENT REPRESENTATIVE:








GREECE


:


Ms Alexandra IOANNIDOU














 



REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:








LATVIA


:


Ms Ruta PORNIECE
Free Trade Confederation of Latvia/Riga














 



REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS:








POLAND


:


Mr Andrzej STEPNIKOWSK
Polish Craft Association — ZRP/Warszawa









Done at Brussels, 31 May 2010.


For the Council


The President

M. SEBASTIÁN




(1)  OJ L 39, 13.2.1975, p. 1.

(2)  OJ C 226, 19.9.2009, p. 2.