do-me/EUR-LEX huggingface dataset:
Case T-284/10: Action brought on 25 June 2010 — Milux v OHMI (IMPLANTCONTROL)
Date: 2010-06-25
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010234EN.01004802.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/48





Action brought on 25 June 2010 — Milux v OHMI (IMPLANTCONTROL)
(Case T-284/10)
()
2010/C 234/86
Language of the case: English

Parties


Applicant: Milux Holding S.A. (Luxembourg, Luxembourg) (represented by: J. Bojs, 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 3 June 2010 in case R 1438/2009-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘IMPLANTCONTROL’ for goods and services in classes 9, 10 and 44

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts of this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.
Adoption of a reference document for the purpose of Council Directive 2008/1/EC concerning integrated pollution prevention and control
Date: 2010-06-25
Institutions: European Commission
Subjects: EU environmental policy, cement, chemical pollution, codification of EU law, environmental standard, industrial pollution, pollution control measures








C_2010166EN.01000501.xml










25.6.2010   


EN


Official Journal of the European Union


C 166/5





Adoption of a reference document for the purpose of Council Directive 2008/1/EC concerning integrated pollution prevention and control (1)

2010/C 166/04
On 18 May 2010, the Commission adopted the complete text of the reference document on best available techniques for the Cement, Lime and Magnesium Oxide Manufacturing Industries.
This document is available on the Internet site: http://eippcb.jrc.es


(1)  OJ L 24, 29.1.2008, p. 8.
Commission Regulation (EU) No 560/2010 of 25 June 2010 entering a name in the register of protected designations of origin and protected geographical indications (Farine de blé noir de Bretagne/Farine de blé noir de Bretagne — Gwinizh du Breizh (PGI))
Date: 2010-06-25
Institutions: European Commission
Subjects: France, cereal flour, designation of origin, location of production, product designation








L_2010160EN.01000101.xml










26.6.2010   


EN


Official Journal of the European Union


L 160/1








            COMMISSION REGULATION (EU) No 560/2010
of 25 June 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Farine de blé noir de Bretagne/Farine de blé noir de Bretagne — Gwinizh du Breizh (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) of Regulation (EC) No 510/2006, France’s application to register the name ‘Farine de blé noir de Bretagne’ or ‘Farine de blé noir de Bretagne — Gwinizh du Breizh’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under 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, 25 June 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 157, 10.7.2009, p. 14.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

FRANCE
Farine de blé noir de Bretagne/Farine de blé noir de Bretagne — Gwinizh du Breizh (PGI)
Authorisation for State aid pursuant to Articles 107 and 108 TFEU — Cases where the Commission raises no objections  (Text with EEA relevance)
Date: 2010-06-25
Institutions: European Commission
Subjects: Greece, State aid, United Kingdom, control of State aid, economic recession, environmental protection








C_2010166EN.01000201.xml










25.6.2010   


EN


Official Journal of the European Union


C 166/2





Authorisation for State aid pursuant to Articles 107 and 108 TFEU
Cases where the Commission raises no objections
(Text with EEA relevance)
2010/C 166/02






Date of adoption of the decision


14.4.2010




Reference number of State Aid


N 94/10




Member State


United Kingdom




Region


Great Britain




Title (and/or name of the beneficiary)


Feed in Tariffs to support the generation of renewable electricity from low carbon sources




Legal basis


Energy Act 2008 SS 41-43




Type of measure


Aid scheme




Objective


Environmental protection, Energy saving




Form of aid


Direct grant




Budget


Overall budget: GBP 3 108 million




Intensity


100 %




Duration (period)


1.4.2010-1.4.2037




Economic sectors


Energy




Name and address of the granting authority







Department of Energy and Climate Change




3 Whitehall Place




London




SW1A 2HH




UNITED KINGDOM








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm






Date of adoption of the decision


12.5.2010




Reference number of State Aid


N 163/10




Member State


Greece




Region


—




Title (and/or name of the beneficiary)


Μέτρα στήριξης για τα πιστωτικά ιδρύματα της Ελλάδας Metra stiriksis gia ta pistwtika idrumata ths Elladas




Legal basis


N 3723/08 «Ενίσχυση της ρευστότητας της οικονομίας για την αντιμετώπιση των επιπτώσεων της διεθνούς χρηματοπιστωτικής κρίσης και άλλες διατάξεις» N 3723/08 «Enisxisi ths refstotitas tis oikonomias gia tin antimetwpisi twn epiptwsewn tis diethnous xrhmatopistwtikis krisis kai alles diatakseis»




Type of measure


Aid scheme




Objective


Aid to remedy serious disturbances in the economy




Form of aid


Guarantee, Other forms of equity intervention




Budget


Overall budget: EUR 43 000 million




Intensity


—




Duration (period)


until 30.6.2010




Economic sectors


Financial intermediation




Name and address of the granting authority


Υπουργείο Οικονομίας και Οικονομικών Ypourgeio Oikonomias kai Oikonomikwn




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 June 2010 concerning a preliminary draft decision in Case COMP/38.344 (2) — Prestressing Steel
Date: 2010-06-25
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: administrative offence, restriction on competition, restrictive-practice notification, steel








C_2011339EN.01000401.xml










19.11.2011   


EN


Official Journal of the European Union


C 339/4





Opinion of the Advisory Committee on restrictive practices and dominant positions given at its meeting on 25 June 2010 concerning a preliminary draft decision in Case COMP/38.344 (2) — Prestressing Steel
2011/C 339/04






1.


The Advisory Committee agrees with the European Commission that a fine should be imposed on the addressees of the draft decision.










2.


The Advisory Committee agrees with the European Commission on the basic amounts of the fines.










3.


The Advisory Committee agrees with the European Commission on the mitigating and aggravating circumstances.










4.


The Advisory Committee agrees with the European Commission on the amounts of reduction of the fines based on the 2002 Leniency Notice.










5.


The Advisory Committee agrees with the European Commission’s assessment on inability to pay.










6.


The Advisory Committee agrees with the European Commission on the final amounts of the fines.










7.


The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Case T-283/10: Action brought on 25 June 2010 — Milux v OHMI (BMICONTROL)
Date: 2010-06-25
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010234EN.01004801.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/48





Action brought on 25 June 2010 — Milux v OHMI (BMICONTROL)
(Case T-283/10)
()
2010/C 234/85
Language of the case: English

Parties


Applicant: Milux Holding S.A. (Luxembourg, Luxembourg) (represented by: J. Bojs, 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 17 June 2010 in case R 1435/2009-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘BMICONTROL’ for goods and services in classes 9, 10 and 44

Decision of the examiner: Refused the application for a Community trade mark

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Council Regulation No 207/2009, as the Board of Appeal misapplied the principle of non-discrimination to the facts of this case; in the alternative, infringement of Articles 7(1)(b) and 7(1)(c) of Council Regulation No 207/2009, as the Board of Appeal erred in its conclusion that the trade mark applied for does not possess sufficient inherent distinctiveness.
Case T-66/01: Judgment of the General Court of 25 June 2010 — Imperial Chemical Industries v Commission (Competition — Abuse of dominant position — Market for soda ash in the United Kingdom — Decision finding an infringement of Article 82 EC — Commission’s power to impose a fine or sanction — Reasonable time — Essential procedural requirements — Res judicata — Existence of the dominant position — Abuse of the dominant position — Effect on trade between Member States — Fine — Gravity and duration of the infringement — Mitigating circumstances)
Date: 2010-06-25
Institutions: General Court
Subjects: European Commission, action for annulment (EU), chemical industry, dominant position, restriction on competition








C_2010221EN.01003301.xml










14.8.2010   


EN


Official Journal of the European Union


C 221/33





Judgment of the General Court of 25 June 2010 — Imperial Chemical Industries v Commission
(Case T-66/01) (1)

(Competition - Abuse of dominant position - Market for soda ash in the United Kingdom - Decision finding an infringement of Article 82 EC - Commission’s power to impose a fine or sanction - Reasonable time - Essential procedural requirements - Res judicata - Existence of the dominant position - Abuse of the dominant position - Effect on trade between Member States - Fine - Gravity and duration of the infringement - Mitigating circumstances)
2010/C 221/51
Language of the case: English

Parties


Applicant: Imperial Chemical Industries Ltd, formerly Imperial Chemical Industries plc (London, United Kingdom) (represented by: D. Vaughan QC, D. Anderson QC and S. Lee, Barrister, and by S. Turner, S. Berwick and R. Coles, Solicitors, and then by D. Vaughan QC, S. Berwick, Solicitor, S. Lee and S. Ford, Barristers)

Defendant: European Commission (represented by: J. Currall and P. Oliver, Agents, and by J. Flynn QC and C. West, Barrister)

Re:

Application for annulment of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash — ICI) (OJ 2003 L 10, p. 33) or, in the alternative, for cancellation or reduction of the fine imposed on the applicant.

Operative part of the judgment

The Court:






1.


Annuls Article 1 of Commission Decision 2003/7/EC of 13 December 2000 relating to a proceeding under Article 82 [EC] (Case COMP/33.133-D: Soda ash — ICI) in so far as it states that Imperial Chemical Industries Ltd infringed Article 82 EC in 1983;










2.


Sets the amount of the fine imposed on Imperial Chemical Industries in Article 2 of Decision 2003/7 at EUR 8 million;










3.


Dismisses the action as to the remainder;










4.


Orders Imperial Chemical Industries to pay four fifths of its own costs and four fifths of those incurred by the European Commission;










5.


Orders the European Commission to pay one fifth of its own costs and one fifth of those incurred by Imperial Chemical Industries.






(1)  OJ C 150, 19.5.2001.
Case T-287/10: Action brought on 25 June 2010 — Unilever España and Unilever v OHMI — Med Trans G. Poulias-S. Brakatselos (MED FRIGO S.A.)
Date: 2010-06-25
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010234EN.01004902.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/49





Action brought on 25 June 2010 — Unilever España and Unilever v OHMI — Med Trans G. Poulias-S. Brakatselos (MED FRIGO S.A.)
(Case T-287/10)
()
2010/C 234/88
Language in which the application was lodged: English

Parties


Applicants: Unilever España S.A. and Unilever N.V. (Barcelona, Spain) (represented by: C. Prat, lawyer)

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

Other party to the proceedings before the Board of Appeal:‘Med Trans’ G. Poulias-S. Brakatselos A.E. (Patra, Greece)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 April 2010 in case R 1025/2009-2;










—


Request the Opposition division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to continue with the examination of the evidence, evaluating the applicability of Articles 8(1)(b), 8(4) and 8(5) of the CTMR;










—


In the alternative, alter the contested decision, and decide on the merits of the case;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘MED FRIGO S.A.’, for goods and services in class 39

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: Spanish trade mark registration No 112534 of the word mark ‘FRIGO’, for goods in class 30; Spanish trade mark registration No 123204 of the figurative mark ‘Frigo’, for goods in class 30; Spanish trade mark registration No 434378 of the figurative mark ‘Frigo’, for goods in class 30; Spanish trade mark registration No 767539 of the figurative mark ‘Frigo’, for goods in class 30; Spanish trade mark registration No 2148274 of the figurative mark ‘Frigo’ for goods in class 30; Spanish trade mark registration No 60893 of the word mark ‘FRIGO S.A.’ for ‘business named to ice creams and milk products manufacturing and production’

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Rule 19(2)(a)(ii) of Commission Regulation (EC) No 2868/95, as the Board of Appeal wrongly assessed that the applicant did not file all the necessary proof of existence, validity and scope of protection of its earlier trade mark upon which the opposition was based; infringement of Rule 19(3) in connection with Rule 98(1) of Commission Regulation (EC) No 2868/95, as the Board of Appeal wrongly considered that the translations filed by the applicant were not sufficiently clear and well-structured.