do-me/EUR-LEX huggingface dataset:
Case T-284/09 P: Order of the General Court of 21 June 2010 — Meister v OHIM (Appeal — Public service — Officials — Staff report — Late drawing up of assessment reports — Subject-matter of the action at first instance — Late reply to complaints — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2010-06-21
Institutions: General Court
Subjects: Civil Service Tribunal, European Union Intellectual Property Office, action for annulment, appeal, interpretation of the law








C_2010221EN.01004501.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/45





Order of the General Court of 21 June 2010 — Meister v OHIM
(Case T-284/09 P) (1)

(Appeal - Public service - Officials - Staff report - Late drawing up of assessment reports - Subject-matter of the action at first instance - Late reply to complaints - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2010/C 221/74
Language of the case: German

Parties


Appellant: Herbert Meister (Muchamiel, Spain) (represented by: H.-J Zimmermann, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: I. de Medrano Caballero and G. Faedo, Agents, and D. Waelbroeck and E. Winter, lawyers)

Re:

Appeal against the judgment of the European Union Civil Service Tribunal (First Chamber) of 18 May 2009 in Joined Cases F-138/06 and F-37/08 Meister v OHIM [2009], not yet published in the ECR, seeking to have that judgment set aside.

Operative part of the order







1.


The appeal is dismissed;










2.


Herbert Meister shall bear his own costs and pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in connection with these proceedings.






(1)  OJ C 244, 10.10.2009.
Case C-303/10: Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 June 2010 — Administración General del Estado v Red Nacional de Ferrocarriles Españoles (RENFE)
Date: 2010-06-21
Institutions: Court of Justice
Subjects: Spain, excise duty, interpretation of the law, tax harmonisation








C_2010246EN.01002201.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/22





Reference for a preliminary ruling from the Tribunal Supremo (Spain) lodged on 21 June 2010 — Administración General del Estado v Red Nacional de Ferrocarriles Españoles (RENFE)
(Case C-303/10)
()
2010/C 246/37
Language of the case: Spanish

Referring court

Tribunal Supremo

Parties to the main proceedings


Appellant: Administración General del Estado

Respondent: Red Nacional de Ferrocarriles Españoles (RENFE)

Question referred

Must the phrase ‘in the field of passenger transport, and the carriage of goods, by rail’ as used in Article 8(2)(c) of Council Directive 92/81/EEC (1) of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils, for the purposes of defining the exemption which the Member States may provide in that field, be interpreted strictly, in accordance with its literal meaning, or, conversely, must it be interpreted broadly, as meaning that the exemption extends to fuel used by machinery for the maintenance of the railway infrastructure, which moves by rail?


(1)  OJ 1992 L 316, p. 12.
2010/595/EU: Decision No 1/2010 of the ACP-EU Council of Ministers of 21 June 2010 concerning the accession of the Republic of South Africa to the revised ACP-EU Partnership Agreement
Date: 2010-06-21
Institutions: ACP Council of Ministers
Subjects: ACP-EU Convention, South Africa, accession to an agreement








L_2010263EN.01001301.xml










6.10.2010   


EN


Official Journal of the European Union


L 263/13








            DECISION No 1/2010 OF THE ACP-EU COUNCIL OF MINISTERS
         
of 21 June 2010
         
concerning the accession of the Republic of South Africa to the revised ACP-EU Partnership Agreement
(2010/595/EU)


THE ACP-EU COUNCIL OF MINISTERS,

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States (hereinafter referred to as the ‘ACP’) of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (hereinafter referred to as the ‘ACP-EU Agreement’) (2), and in particular Article 94(1) thereof,

Whereas:







(1)


The revised ACP-EU Agreement entered into force on 1 July 2008 in accordance with Article 93, paragraph 3 thereof.












(2)


South Africa, having signed the revised ACP-EU Agreement on 25 June 2005, did not deposit an instrument of ratification under the terms of Article 93, paragraph 4, by the deadline of 30 June 2009.












(3)


Article 94 of the revised ACP-EU Agreement stipulates that any request for accession by a State shall be presented to, and approved by, the ACP-EU Council of Ministers.












(4)


South Africa presented a request for accession to the ACP-EU Agreement on 23 November 2009.












(5)


In accordance with its Rules of Procedure (3), the ACP-EU Council of Ministers established under the ACP-EU Agreement may approve a request for accession by written procedure,





HAS ADOPTED THIS DECISION:



Article 1

Approval of request for accession

The request of the Republic of South Africa to accede to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 and revised in Luxembourg on 25 June 2005, is hereby approved.


Article 2

Entry into force

This Decision shall enter into force on the day following that of its adoption.




Done at Ouagadougou, 21 June 2010.


For the ACP-EU Council of Ministers


The President

P. BUNDUKU-LATHA
            





(1)  
            OJ L 317, 15.12.2000, p. 3.

(2)  Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (OJ L 209, 11.8.2005, p. 27).

(3)  
            OJ L 95, 14.4.2005, p. 44.
Case T-278/10: Action brought on 21 June 2010 — Wesergold Getränkeindustrie v OHIM — Lidl Stiftung (WESTERN GOLD)
Date: 2010-06-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment, spirits, trade-mark law








C_2010221EN.01005602.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/56





Action brought on 21 June 2010 — Wesergold Getränkeindustrie v OHIM — Lidl Stiftung (WESTERN GOLD)
(Case T-278/10)
()
2010/C 221/90
Language in which the application was lodged: German

Parties


Applicant: Wesergold Getränkeindustrie GmbH & Co. KG (Rinteln, Germany) (represented by: P. Goldenbaum, I. Rohr und T. Melchert, 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: Lidl Stiftung & Co. KG (Neckarsulm, 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 24 March 2010 in Case R 770/2009-1;










—


Order OHIM to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: Lidl Stiftung & Co KG.

Community trade mark concerned: Word mark WESTERN GOLD for goods in Class 33.

Proprietor of the mark or sign cited in the opposition proceedings: Wesergold Getränkeindustrie GmbH & Co. KG

Mark or sign cited in opposition: a national and Community word mark WeserGold for goods in Classes 29, 31 and 32; a national and international word mark Wesergold for goods in Classes 29, 31 and 32 und a national word mark WESERGOLD for goods in Class 32.

Decision of the Opposition Division: Opposition upheld.

Decision of the Board of Appeal: Appeal allowed, decision of the Opposition Division annulled.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as there is a likelihood of confusion between the marks at issue, infringement of Article 64(1) of Regulation (EC) No 207/2009, because the Board of Appeal did not remit the case or examine the substance of the opposition, also infringement of Article 75(2) of Regulation (EC) No 207/2009 on the basis of infringement of the applicant’s right to be heard, also infringement of Article 75(1) of Regulation (EC) No 207/2009 because the Board of Appeal failed to state the reasons for its decision.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EU) No 543/2010 of 21 June 2010 entering a name in the register of protected designations of origin and protected geographical indications (Aceite Campo de Montiel (PDO))
Date: 2010-06-21
Institutions: European Commission
Subjects: Spain, designation of origin, location of production, olive oil, product designation








L_2010155EN.01002701.xml










22.6.2010   


EN


Official Journal of the European Union


L 155/27








            COMMISSION REGULATION (EU) No 543/2010
of 21 June 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Aceite Campo de Montiel (PDO))


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) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Aceite Campo de Montiel’ 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, 21 June 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 162, 15.7.2009, p. 17.




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

Classe 1.5.   Oils and fats (butter, margarine, oil, etc.)

SPAIN
Aceite Campo de Montiel (PDO)