do-me/EUR-LEX huggingface dataset:
Case C-527/09: Order of the President of the Court of 22 June 2010 — European Commission v Republic of Estonia
Date: 2010-06-22
Institutions: Court of Justice
Subjects: Estonia, European Commission, accountant, action for failure to fulfil an obligation, audit, auditing, national implementing measure, professional ethics, professional qualifications








C_2010288EN.01002704.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/27






Order of the President of the Court of 22 June 2010 — European Commission v Republic of Estonia
(Case C-527/09) (1)

()
(2010/C 288/49)
Language of the case: Estonian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 63, 13.3.2010.
Euro exchange rates
Date: 2010-06-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2010162EN.01000501.xml










22.6.2010   


EN


Official Journal of the European Union


C 162/5





Euro exchange rates (1)

21 June 2010
2010/C 162/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2391




JPY


Japanese yen


113,10




DKK


Danish krone


7,4402




GBP


Pound sterling


0,83410




SEK


Swedish krona


9,5178




CHF


Swiss franc


1,3738




ISK


Iceland króna


 




NOK


Norwegian krone


7,8575




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,760




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,03




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7083




PLN


Polish zloty


4,0380




RON


Romanian leu


4,2315




TRY


Turkish lira


1,9233




AUD


Australian dollar


1,4032




CAD


Canadian dollar


1,2601




HKD


Hong Kong dollar


9,6296




NZD


New Zealand dollar


1,7349




SGD


Singapore dollar


1,7044




KRW


South Korean won


1 454,28




ZAR


South African rand


9,2406




CNY


Chinese yuan renminbi


8,4229




HRK


Croatian kuna


7,2010




IDR


Indonesian rupiah


11 163,58




MYR


Malaysian ringgit


3,9484




PHP


Philippine peso


56,350




RUB


Russian rouble


38,1375




THB


Thai baht


40,011




BRL


Brazilian real


2,1772




MXN


Mexican peso


15,4500




INR


Indian rupee


56,6900






(1)  Source: reference exchange rate published by the ECB.
Case T-255/08: Judgment of the General Court of 22 June 2010 — Montero Padilla v OHIM — Padilla Requena (JOSE PADILLA) (Community trade mark — Opposition proceedings — Application for the Community word mark JOSE PADILLA — Earlier marks and sign JOSE PADILLA — Relative grounds for refusal — No well-known trade mark within the meaning of Article 6 bis of the Paris Convention or trade mark with a reputation — Article 8(2)(c) and Article 8(5) of Regulation (EC) No 40/94 (now Article 8(2)(c) and Article 8(5) of Regulation (EC) No 207/2009) — No earlier sign used in the course of trade — Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation No 207/2009))
Date: 2010-06-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cultural transmission, trade-mark law








C_2010209EN.01003402.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/34





Judgment of the General Court of 22 June 2010 — Montero Padilla v OHIM — Padilla Requena (JOSE PADILLA)
(Case T-255/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark JOSE PADILLA - Earlier marks and sign JOSE PADILLA - Relative grounds for refusal - No well-known trade mark within the meaning of Article 6 bis of the Paris Convention or trade mark with a reputation - Article 8(2)(c) and Article 8(5) of Regulation (EC) No 40/94 (now Article 8(2)(c) and Article 8(5) of Regulation (EC) No 207/2009) - No earlier sign used in the course of trade - Article 8(4) of Regulation No 40/94 (now Article 8(4) of Regulation No 207/2009))
2010/C 209/50
Language of the case: Spanish

Parties


Applicant: Eugenia Montero Padilla (Madrid, Spain) (represented by: initially G. Aguillaume Gandasegui and P. Linde Puelles, and subsequently A. Salerno and M. Di Stefano, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J.F. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: José María Padilla Requena (Santa Eulalia, Spain) (represented by: J.F. Gallego Jiménez and J.R. Gil Cantons, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2008 (Case R 516/2007-2), concerning opposition proceedings between Eugenia Montero Padilla and José María Padilla Requena

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Eugenia Montero Padilla to bear her own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by José María Padilla Requena.






(1)  OJ C 209, 15.8.2008.
2010/351/CFSP: Political and Security Committee Decision EUJUST LEX-IRAQ/1/2010 of 22 June 2010 extending the mandate of the Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
Date: 2010-06-22
Institutions: Political and Security Committee
Subjects: Iraq, fact-finding mission, rule of law, the EU's international role








L_2010160EN.01001001.xml










26.6.2010   


EN


Official Journal of the European Union


L 160/10








            POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX-IRAQ/1/2010
of 22 June 2010
         
extending the mandate of the Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ
(2010/351/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2010/330/CFSP of 14 June 2010 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (1) and in particular Article 9(2) thereof,

Whereas:







(1)


Pursuant to Article 9(2) of Council Decision 2010/330/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX-IRAQ (hereinafter referred to as ‘EUJUST LEX-IRAQ’), including in particular the decision to appoint a Head of Mission.












(2)


On 15 December 2009, upon a proposal by the High Representative of the Union for Foreign Affairs and Security Policy (HR), the PSC adopted Decision 2009/982/CFSP (2) appointing Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ.












(3)


On 16 June 2010, the HR proposed to the PSC that it extend the mandate of Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ until 30 June 2011.





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Francisco DÍAZ ALCANTUD as Head of Mission of EUJUST LEX-IRAQ is hereby extended from 1 July 2010 until 30 June 2011.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 22 June 2010.


For the Political and Security Committee


The Chairman

C. FERNÁNDEZ-ARIAS
            





(1)  
            OJ L 149, 15.6.2010, p. 12.

(2)  
            OJ L 338, 19.12.2009, p. 92.
Case C-394/09: Order of the President of the Fifth Chamber of the Court of 22 June 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
Date: 2010-06-22
Institutions: Court of Justice
Subjects: United Kingdom, action for failure to fulfil an obligation, air quality, diesel fuel, national implementing measure, pollution control measures, vessel








C_2010346EN.01003802.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/38





Order of the President of the Fifth Chamber of the Court of 22 June 2010 — European Commission v United Kingdom of Great Britain and Northern Ireland
(Case C-394/09) (1)

()
2010/C 346/68
Language of the case: English
The President of the Fifth Chamber has ordered that the case be removed from the register.


(1)  OJ C 282, 21.11.2009.
Case C-304/10: Action brought on 22 June 2010 — European Commission v Republic of Poland
Date: 2010-06-22
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, border control, carriage of passengers, personal data, transport company








C_2010246EN.01002202.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/22





Action brought on 22 June 2010 — European Commission v Republic of Poland
(Case C-304/10)
()
2010/C 246/38
Language of the case: Polish

Parties


Applicant: European Commission (represented by: M. Wilderspin and D. Milanowska, Agents)

Defendant: Republic of Poland

Form of order sought







—


declare that, by failing to adopt the laws, regulations and administrative provisions necessary to ensure application of Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data, (1) or, in any event, by not informing the Commission of those provisions, the Republic of Poland has failed to fulfil its obligations under Article 7 of that directive;










—


order the Republic of Poland to pay the costs of the proceedings.





Pleas in law and main arguments

The period within which Directive 2004/82 had to be transposed expired on 5 September 2006.


(1)  OJ 2004 L 261, p. 24.
Case T-276/10: Action brought on 22 June 2010 — El Coto De Rioja v OHIM — Álvarez Serrano (COTO DE GOMARIZ)
Date: 2010-06-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010234EN.01004501.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/45





Action brought on 22 June 2010 — El Coto De Rioja v OHIM — Álvarez Serrano (COTO DE GOMARIZ)
(Case T-276/10)
()
2010/C 234/80
Language in which the application was lodged: Spanish

Parties


Applicant: El Coto De Rioja, S.A. (Oyón, Alava) (Spain) (represented by: J. Grimau Muñoz and J. Villamor Muguerza, 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: María Álvarez Serrano (Gomariz Leiro, Orense) (Spain)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 28 April 2010 in Case R 1020/2008-4 and, consequently, declare invalid Community trade mark No 2 631 828, in Class 33, which contains the verbal element ‘COTO DE GOMARIZ’, and










—


order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative trade mark containing the verbal element ‘COTO DE GOMARIZ’ (Application No 2 631 828) for goods in Class 33 ‘wines’.

Proprietor of the Community trade mark: María Álvarez Serrano

Applicant for the declaration of invalidity of the Community trade mark: EL COTO DE RIOJA S.A.

Trade mark right or sign of the applicant for the declaration: Community word mark ‘COTO DE IMAZ’ (No 339 333) for goods in Classes 29, 32 and 33; Community word mark ‘EL COTO’ (No 339 408) for goods in Classes 29, 32 and 33; and the well-known Spanish marks ‘EL COTO’ and ‘COTO DE IMAZ’ for ‘wines’.

Decision of the Cancellation Division: Annulment of the contested Community trade mark.

Decision of the Board of Appeal: Annulment of the contested decision and dismissal of the application for a declaration of invalidity.

Pleas in law: Incorrect application of Article 52(1) of Regulation No 207/2009 on the Community trade mark, in conjunction with Articles 8(1)(b) and 8(5) of that regulation.
Case T-153/08: Judgment of the General Court of 22 June 2010 — Shenzhen Taiden v OHIM — Bosch Security Systems (Communications Equipment) (Community design — Invalidity proceedings — Registered Community design representing communications equipment — Earlier international design — Ground for invalidity — No individual character — No different overall impression — Informed user — Degree of freedom of the designer — Evidence that the earlier design was made available to the public — Article 4(1), Article 6(1)(b) and (2), Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002)
Date: 2010-06-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), designs and models, electronic equipment, trade-mark law








C_2010209EN.01003401.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/34





Judgment of the General Court of 22 June 2010 — Shenzhen Taiden v OHIM — Bosch Security Systems (Communications Equipment)
(Case T-153/08) (1)

(Community design - Invalidity proceedings - Registered Community design representing communications equipment - Earlier international design - Ground for invalidity - No individual character - No different overall impression - Informed user - Degree of freedom of the designer - Evidence that the earlier design was made available to the public - Article 4(1), Article 6(1)(b) and (2), Article 7(1) and Article 25(1)(b) of Regulation (EC) No 6/2002)
2010/C 209/49
Language of the case: English

Parties


Applicant: Shenzhen Taiden Industrial Co. Ltd (Shenzhen, Guangdong, China) (represented by: M. Hartmann and M. Helmer, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Bosch Security Systems BV (Eindhoven, Netherlands) (represented by: C. Gielen, M. Bom and B. van Hunnik, lawyers)

Re:

Action brought against the decision of the Third Board of Appeal of OHIM of 11 February 2008 (Case R 1437/2006-3) relating to invalidity proceedings between Bosch Security Systems BV and Shenzhen Taiden Industrial Co. Ltd.

Operative part of the order

The Court:






1.


Dismisses the action;










2.


Orders Shenzhen Taiden Industrial Co. Ltd to pay the costs, including the costs necessarily incurred by Bosch Security Systems BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).






(1)  OJ C 158, 21.6.2008.
Case T-274/10: Action brought on 22 June 2010 — Suez Environnement and Lyonnaise des eaux France v Commission
Date: 2010-06-22
Institutions: General Court
Subjects: action for annulment, economic concentration, merger control, wastewater, water supply, water treatment








C_2010234EN.01004301.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/43





Action brought on 22 June 2010 — Suez Environnement and Lyonnaise des eaux France v Commission
(Case T-274/10)
()
2010/C 234/78
Language of the case: French

Parties


Applicants: Suez Environnement Company (Paris, France) and Lyonnaise des eaux France (Paris) (represented by: P. Zelenko and O. d'Ormesson, lawyers)

Defendant: European Commission

Form of order sought







—


Annul the contested inspection decision and/or the inspection mandate of 6 April 2010;










—


Annul any action undertaken originating from the inspections carried out on the basis of that unlawful decision and that unlawful mandate;










—


Order, in particular, the return of all of the documents seized in the course of the inspections carried out, failing which, the Commission will have its future decision on the substance annulled by the Court, and










—


Order the Commission to pay the costs.





Pleas in law and main arguments

In the present case, the applicants seek annulment of Commission Decision C(2010) 1984/4 of 23 March 2010 requiring Suez Environnement and all of the undertakings which it controls, including Lyonnaise des eaux France, to submit to an inspection pursuant to Article 20(4) of Council Regulation No 1/2003, taken in the context of a proceeding pursuant to Article 101 TFEU concerning the markets for the provision of water and sanitation services. (1)

In support of their actions, the applicants raise three pleas in law alleging:






—


an infringement of fundamental rights and freedoms and in particular of the right to respect for the home since the applicants were not notified of any national judicial authorisation, thus depriving them of any fundamental guarantee such as access to a judge while the investigations were being carried out and the possibility of pursuing the ordinary avenues of legal redress against such an authorisation;










—


an infringement of the principle of proportionality since the validity of the inspection decision was unlimited in duration and had a very broad scope;










—


that the inspection mandate accompanying the inspection decision does not provide sufficient guarantees of impartiality and objectivity, in so far as the Commission's agents which previously examined the confidential information which the applicant Lyonnaise des eaux France sent to the Commission in the context of a notification of a concentration are designated in that mandate.






(1)  Case COMP/B-1/39.756.
Case T-490/08: Judgment of the General Court of 22 June 2010 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance) (Community trade mark — Opposition proceedings — Application for Community figurative mark CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance — Earlier Community and national figurative marks CM Capital Markets — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-06-22
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010209EN.01003601.xml










31.7.2010   


EN


Official Journal of the European Union


C 209/36





Judgment of the General Court of 22 June 2010 — CM Capital Markets v OHIM — Carbon Capital Markets (CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance)
(Case T-490/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark CARBON CAPITAL MARKETS Emissions Compliance Solutions & Carbon Finance - Earlier Community and national figurative marks CM Capital Markets - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 209/53
Language of the case: English

Parties


Applicant: CM Capital Markets Holding, SA (Madrid, Spain) (represented by: T. Villate Consonni and J. Calderón Chavero, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: J. F. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Carbon Capital Markets Ltd (Oxford, United Kingdom) (represented by: E. Hardcastle, Solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 September 2008 (Case R 16/2008-1) concerning opposition proceedings between CM Capital Markets Holding, SA and Carbon Capital Markets Ltd

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders CM Capital Markets Holding, SA to pay the costs.






(1)  OJ C 6, 10.1.2009.
Case F-78/09: Order of the Civil Service Tribunal (First Chamber) of 22 June 2010 — Marcuccio v Commission (Staff cases — Officials — Action for damages — Reimbursement of costs — Availability of a parallel remedy — Manifestly inadmissible)
Date: 2010-06-22
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, allowances and expenses, health care








C_2010234EN.01005801.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/58





Order of the Civil Service Tribunal (First Chamber) of 22 June 2010 — Marcuccio v Commission
(Case F-78/09) (1)

(Staff cases - Officials - Action for damages - Reimbursement of costs - Availability of a parallel remedy - Manifestly inadmissible)
2010/C 234/106
Language of the case: Italian

Parties


Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Defendant: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents)

Re:

First, application for annulment of the Commission’s decision rejecting the applicant’s application for reimbursement of the costs he incurred in Case T-18/04 and which the defendant was ordered to pay by judgment of 10 June 2008. Secondly, an application for damages.

Operative part of the order







1.


Mr Marcuccio’s action is dismissed as manifestly inadmissible.










2.


The parties are to bear their own costs.






(1)  OJ C 312, 19.12.2009, p. 43
Case F-48/10: Action brought on 22 June 2010 — Z v Court of Justice
Date: 2010-06-22
Institutions: Civil Service Tribunal
Subjects: European official, Luxembourg, action for annulment, administrative sanction, damages, indemnification








C_2010246EN.01004201.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/42





Action brought on 22 June 2010 — Z v Court of Justice
(Case F-48/10)
()
2010/C 246/73
Language of the case: French

Parties


Applicant: Z (Luxembourg, Luxembourg) (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: Court of Justice of the European Union

Subject-matter and description of the proceedings

Application for annulment of the decision to impose on the applicant a disciplinary measure in the form of a written warning and for an order that the defendant pay a sum by way of compensation for non-material damage.

Form of order sought







—


Annul the decision of the Appointing Authority of 10 July 2009 imposing a disciplinary measure on the applicant in the form of a written warning.










—


So far as necessary, annul the decision of 10 March 2010, received on 15 March 2010, rejecting the complaint.










—


Order the defendant to pay a sum of EUR 50 000 by way of compensation for non-material damage.










—


Order the Court of Justice of the European Union to pay the costs.