do-me/EUR-LEX huggingface dataset:
Case T-30/09: Judgment of the General Court of 8 July 2010 — Engelhorn v OHIM — The Outdoor Group (peerstorm) (Community trade mark — Opposition proceedings — Application for the Community word mark peerstorm — Earlier Community and national word marks PETER STORM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) — Genuine use of the earlier marks — Articles 15 and 43(2) of Regulation No 40/94 (now Articles 15 and 42(2) of Regulation No 207/2009))
Date: 2010-07-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), quality label








C_2010234EN.01003501.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/35





Judgment of the General Court of 8 July 2010 — Engelhorn v OHIM — The Outdoor Group (peerstorm)
(Case T-30/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark peerstorm - Earlier Community and national word marks PETER STORM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Genuine use of the earlier marks - Articles 15 and 43(2) of Regulation No 40/94 (now Articles 15 and 42(2) of Regulation No 207/2009))
2010/C 234/61
Language of the case: English

Parties


Applicant: Engelhorn KGaA (Mannheim, Germany) (represented by: W. Göpfert and K. Mende, lawyers)

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, intervener before the General Court: The Outdoor Group Ltd (Northampton, United Kingdom) (represented by: M. Edenborough, Barrister)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 28 October 2008 (Case R 167/2008-5), relating to opposition proceedings between The Outdoor Group Ltd and Engelhorn KGaA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Engelhorn KGaA to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of The Outdoor Group Ltd.






(1)  OJ C 82, 4.4.2009.
Case T-212/10: Order of the General Court of 8 July 2010 — Strålfors v OHIM (IDENTIFICATION SOLUTIONS) (Action for annulment — Application initiating proceedings — Formal requirements — Manifest inadmissibility)
Date: 2010-07-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Sweden, action for annulment (EU), labelling, office supplies, quality label, services company








C_2010234EN.01003901.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/39





Order of the General Court of 8 July 2010 — Strålfors v OHIM (IDENTIFICATION SOLUTIONS)
(Case T-212/10) (1)

(Action for annulment - Application initiating proceedings - Formal requirements - Manifest inadmissibility)
2010/C 234/71
Language of the case: English

Parties


Applicant: Strålfors AB (Malmö, Sweden) (represented by: M.S. Nielsen, lawyer)

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

Re:

Action against the decision of the Second Board of Appeal of OHIM of 22 January 2010 (Case R 1112/2009-2), concerning an application for registration of word sign IDENTIFICATION SOLUTIONS as a Community trade mark.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Strålfors AB shall bear its own costs.






(1)  OJ C 195, 17.7.2010.
Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations (modified) in respect of scheduled air services  (Text with EEA relevance )
Date: 2010-07-08
Institutions: European Commission
Subjects: United Kingdom, air transport, airline, disclosure of information, inland transport, public service, transport regulations








C_2010184EN.01000301.xml










8.7.2010   


EN


Official Journal of the European Union


C 184/3





Commission communication pursuant to Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations (modified) in respect of scheduled air services
(Text with EEA relevance)
2010/C 184/03






Member State


United Kingdom




Concerned routes


Oban–Coll
Oban–Colonsay
Oban–Tiree
Coll–Tiree




Date of entry into force of the public service obligations


2 March 2007




Address where the text and any relevant information and/or documentation related to the modified public service obligations can be obtained







Argyll and Bute Council




Council Offices




Kilmory




Lochgilphead




Argyll




PA31 8RT




Scotland




UNITED KINGDOM




Tel. +44 1546604141




Fax +44 1546606443




(Contact: Sandy Mactaggart, Development and Infrastructure Services)




E-mail: sandy.mactaggart@argyll-bute.gov.uk
2010/400/: Decision of the Representatives of the Governments of the Member States of the European Union of 8 July 2010 appointing judges to the General Court
Date: 2010-07-08
Institutions: Representatives of the Governments of the Member States
Subjects: Court of Justice of the European Union, General Court (EU), appointment of members, appointment of staff, judge, member of the Court of Justice (EU)








L_2010186EN.01002901.xml










20.7.2010   


EN


Official Journal of the European Union


L 186/29








            DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION
         
of 8 July 2010
         
appointing judges to the General Court
(2010/400/EU)


THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 19 thereof,


Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,

Whereas:







(1)


In accordance with the provisions of the Treaties, every three years there should be a partial replacement of the judges of the General Court. For the period from 1 September 2010 to 31 August 2016, 14 judges had to be appointed to the General Court.












(2)


On 23 June 2010, the Conference of the Representatives of the Governments of the Member States appointed 10 judges to the General Court for the above period (1).












(3)


To complete the partial replacement of the judges of the General Court, the governments of the Member States should appoint further judges to the four posts remaining to be filled.












(4)


The governments of the Member States concerned have proposed respectively to reappoint Mr Ottó CZÚCZ and to appoint Mr Marc van der WOUDE as judges of the General Court. The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of those two judges to perform the duties of judge of the General Court. While the candidacy of Mr Ottó CZÚCZ had been withdrawn, the government of the Member State concerned has recently indicated that it proposed Mr CZÚCZ for a further term of office as judge of the General Court.












(5)


Two members of the General Court should therefore be appointed for the period from 1 September 2010 to 31 August 2016; judges for the two vacancies still to be filled will be appointed at a later date,





HAVE ADOPTED THIS DECISION:



Article 1
Mr Ottó CZÚCZ and Mr Marc van der WOUDE are hereby appointed judges of the General Court from 1 September 2010 to 31 August 2016.


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




Done at Brussels, 8 July 2010.


For the Council


The President

J. DE RUYT
            





(1)  Decision of the Representatives of the Governments of the Member States of 23 June 2010 appointing judges to the General Court (OJ L 163, 30.6.2010, p. 41).
Case T-211/10: Order of the General Court of 8 July 2010 — Strålfors v OHIM (ID SOLUTIONS) (Action for annulment — Application initiating proceedings — Formal requirements — Manifest inadmissibility)
Date: 2010-07-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Sweden, action for annulment (EU), labelling, office supplies, quality label, services company








C_2010234EN.01003803.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/38





Order of the General Court of 8 July 2010 — Strålfors v OHIM (ID SOLUTIONS)
(Case T-211/10) (1)

(Action for annulment - Application initiating proceedings - Formal requirements - Manifest inadmissibility)
2010/C 234/70
Language of the case: English

Parties


Applicant: Strålfors AB (Malmö, Sweden) (represented by: M.S. Nielsen, lawyer)

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

Re:

Action against the decision of the Second Board of Appeal of OHIM of 25 January 2010 (Case R 1111/2009-2), concerning an application for registration of word sign ID SOLUTIONS as a Community trade mark.

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


Strålfors AB shall bear its own costs.






(1)  OJ C 195, 17.7.2010.
Commission Regulation (EU) No 602/2010 of 8 July 2010 fixing the minimum selling price for butter for the third individual invitation to tender within the tendering procedure opened by Regulation (EU) No 446/2010
Date: 2010-07-08
Institutions: European Commission
Subjects: award of contract, butter, market intervention, minimum price, selling price








L_2010174EN.01004201.xml










9.7.2010   


EN


Official Journal of the European Union


L 174/42








            COMMISSION REGULATION (EU) No 602/2010
of 8 July 2010
         
fixing the minimum selling price for butter for the third individual invitation to tender within the tendering procedure opened by Regulation (EU) No 446/2010


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), and in particular Article 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 446/2010 (2) has opened the sales of butter by a tendering procedure, in accordance with the common conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the third individual invitation to tender, a minimum selling price should be fixed.












(4)


The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chair,





HAS ADOPTED THIS REGULATION:



Article 1
For the third individual invitation to tender for selling of butter within the tendering procedure opened by Regulation (EU) No 446/2010, in respect of which the time limit for the submission of tenders expired on 6 July 2010, the minimum selling price for butter shall be EUR 361,00/100 kg.


Article 2
This Regulation shall enter into force on 9 July 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 July 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 126, 22.5.2010, p. 17.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Case T-386/08: Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a horse) (Community trade mark — Application for a Community figurative mark representing a horse — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
Date: 2010-07-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), animal nutrition, equidae, leather industry, trade-mark law








C_2010234EN.01003301.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/33





Judgment of the General Court of 8 July 2010 — Trautwein v OHIM (Representation of a horse)
(Case T-386/08) (1)

(Community trade mark - Application for a Community figurative mark representing a horse - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94 (now Article 7(1)(c) of Regulation (EC) No 207/2009))
2010/C 234/57
Language of the case: German

Parties


Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshöhe, Germany) (represented by: C. Czychowski, A. Nordemann and A. Dustmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs (OHIM) (represented by: S. Schäffner, Agent)

Re:

Action brought against the decision of 7 July 2008 of the First Board of Appeal of OHIM (Case R 1730/2007-1) concerning an application for registration as a Community trade mark of a figurative sign representing a horse

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Nadine Trautwein Rolf Trautwein GbR, Research and Development to pay the costs.






(1)  OJ C 313, 6.12.2008.
Case C-171/08: Judgment of the Court (First Chamber) of 8 July 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 56 EC and 43 EC — Free movement of capital — Portuguese State’s ‘golden’ shares in Portugal Telecom SGPS SA — Restrictions on the acquisition of holdings and on the management of a privatised company — State measure)
Date: 2010-07-08
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, company law, principle of proportionality, share, telecommunications industry








C_2010234EN.01000401.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/4





Judgment of the Court (First Chamber) of 8 July 2010 — European Commission v Portuguese Republic
(Case C-171/08) (1)

(Failure of a Member State to fulfil obligations - Articles 56 EC and 43 EC - Free movement of capital - Portuguese State’s ‘golden’ shares in Portugal Telecom SGPS SA - Restrictions on the acquisition of holdings and on the management of a privatised company - State measure)
2010/C 234/05
Language of the case: Portuguese

Parties


Applicant: European Commission (represented by: E. Montaguti, M. Teles Romão and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, acting as Agent, and by M. Gorjão Henriques, advogado)

Re:

Failure of a Member State to fulfil its obligations — Infringement of Articles 43 EC and 56 EC — Special shares (‘golden shares’) held by the Portuguese State in Portugal Telecom S.A.

Operative part of the judgment

The Court:






1.


Declares that, by maintaining in Portugal Telecom SGPS SA special rights, such as those provided for in that company’s articles of association for the State and other public sector bodies, allocated in connection with the State’s golden shares in Portugal Telecom SGPS SA, the Portuguese Republic has failed to fulfil its obligations under Article 56 EC;










2.


Orders the Portuguese Republic to pay the costs.






(1)  OJ C 171, 05.07.2008.
Case T-396/08: Judgment of the General Court of 8 July 2010 — Freistaat Sachsen and Land Sachsen-Anhalt v Commission (State aid — Training aid — Decision declaring the aid to be in part compatible and in part incompatible with the common market — Need for the aid — Positive external effects — Obligation to give reasons)
Date: 2010-07-08
Institutions: General Court
Subjects: European Commission, Germany, State aid, action for annulment (EU), common market, control of State aid, equal treatment, fine, postal service, transport company








C_2010234EN.01003302.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/33





Judgment of the General Court of 8 July 2010 — Freistaat Sachsen and Land Sachsen-Anhalt v Commission
(Case T-396/08) (1)

(State aid - Training aid - Decision declaring the aid to be in part compatible and in part incompatible with the common market - Need for the aid - Positive external effects - Obligation to give reasons)
2010/C 234/58
Language of the case: German

Parties


Applicants: Freistaat Sachsen (Germany) and Land Sachsen-Anhalt (Germany) (represented by: T. Müller-Ibold and T. Graf, lawyers)

Defendant: European Commission (represented by: F. França, K. Gross and B. Martenczuk, Agents)

Re:

Application for the partial annulment of Commission Decision 2008/878/EC of 2 July 2008 on State aid which Germany is planning to implement for DHL (OJ 2008 L 312, p. 31)

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders Freistaat Sachsen and Land Sachsen-Anhalt to bear their own costs and to pay the costs incurred by the European Commission.






(1)  OJ C 327 of 20.12.2008.
Case F-64/06: Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Bergström v Commission (Staff case — Appointment — Members of the temporary staff appointed as officials — Candidates names included on a reserve list prior to the entry into force of the new Staff Regulations — Transitional rules on grading upon recruitment — Grading pursuant to the new less favourable rules — Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
Date: 2010-07-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, appointment of staff, competition (EU), occupational status, professional career, regulations for civil servants








C_2010234EN.01005501.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/55





Judgment of the Civil Service Tribunal (Second Chamber) of 8 July 2010 — Bergström v Commission
(Case F-64/06) (1)

(Staff case - Appointment - Members of the temporary staff appointed as officials - Candidates names included on a reserve list prior to the entry into force of the new Staff Regulations - Transitional rules on grading upon recruitment - Grading pursuant to the new less favourable rules - Article 5(4) and Article 12(3) of Annex XIII to the Staff Regulations)
2010/C 234/99
Language of the case: French

Parties


Applicant: Ragnar Bergström (Linkebeek, Belgium) (represented by: initially, T. Bontinck and J. Feld, lawyers, and, subsequently, T. Bontinck and S. Woog, lawyers)

Defendant: European Commission (represented by: J. Currall and H. Krämer, agents)

Intervener in support of the defendant: Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, agents)

Re:

Application for annulment of the decision of the Appointing Authority of 10 August 2005 by which the applicant, a member of the temporary staff who was successful in open competition COM/A/3/02, was appointed as an official in Grade A*6, step 2, in accordance with the provisions of Annex XIII to the Staff Regulations.

Operative part of the judgment

The Tribunal:






1.


Dismisses the application.










2.


Orders each party to bear its own costs.






(1)  OJ C 165, 15.7.2006, p. 36.
Case C-347/10: Reference for a preliminary ruling from the Rechtbank Amsterdam (Netherlands), lodged on 8 July 2010 — A. Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (UWV)
Date: 2010-07-08
Institutions: Court of Justice
Subjects: Netherlands, Spain, family benefit, preliminary issue, social legislation, social-security benefit, social-security harmonisation, worker (EU)








C_2010246EN.01003201.xml










11.9.2010   


EN


Official Journal of the European Union


C 246/32





Reference for a preliminary ruling from the Rechtbank Amsterdam (Netherlands), lodged on 8 July 2010 — A. Salemink v Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (UWV)
(Case C-347/10)
()
2010/C 246/53
Language of the case: Dutch

Referring court

Rechtbank Amsterdam

Parties to the main proceedings


Applicant: A. Salemink

Defendant: Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen (UWV)

Question referred

Do the rules forming part of European Community law which are designed to bring about free movement for workers, in particular the rules set out in Titles I and II of Regulation No 1408/71 (1) as well as in Articles 39 and 299 of the EC Treaty (now respectively Articles 45 TFEU and 52 TEU, in conjunction with Article 355 TFEU) preclude an employee working outside Netherlands territory on a fixed installation on the Netherlands section of the continental shelf for an employer established in the Netherlands from being in a position in which he is not insured under national statutory employee insurance solely on the ground that he is not resident in the Netherlands but in another Member State (in this case, Spain), even if he has Netherlands nationality and can also avail of the option to take out voluntary insurance under essentially the same conditions as those which apply to compulsory insurance?


(1)  Regulation of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (OJ, English Special Edition 1971 (II), p. 416).