do-me/EUR-LEX huggingface dataset:
Case C-88/10: Order of the President of the Court of 19 July 2010 (reference for a preliminary ruling from the Tribunale di Palermo — Italy) — Assessorato del Lavoro e della Previdenza Sociale v Seasoft SpA
Date: 2010-07-19
Institutions: Court of Justice
Subjects: Italy, State aid, interpretation of the law, national law, vocational training, work contract








C_2010288EN.01002705.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/27






Order of the President of the Court of 19 July 2010 (reference for a preliminary ruling from the Tribunale di Palermo — Italy) — Assessorato del Lavoro e della Previdenza Sociale v Seasoft SpA
(Case C-88/10) (1)

()
(2010/C 288/50)
Language of the case: Italian
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 100, 17.4.2010.
2010/423/CFSP: Political and Security Committee Decision Atalanta/4/2010 of 19 July 2010 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
Date: 2010-07-19
Institutions: Political and Security Committee
Subjects: Somalia, appointment of staff, deterrent, littoral, military intervention, military personnel, piracy, the EU's international role








L_2010199EN.01002801.xml










31.7.2010   


EN


Official Journal of the European Union


L 199/28








            POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/4/2010
of 19 July 2010
         
on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
(2010/423/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

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


Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,

Whereas:







(1)


Pursuant to Article 6 of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take decisions on the appointment of the EU Force Commander.












(2)


On 23 March 2010, the PSC adopted Decision Atalanta/2/2010 (2) appointing Rear Admiral (LH) Jan THÖRNQVIST as EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.












(3)


The EU Operation Commander has recommended the appointment of Rear Admiral Philippe COINDREAU as the new EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.












(4)


The EU Military Committee supports that recommendation.












(5)


In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,





HAS ADOPTED THIS DECISION:



Article 1
Rear Admiral Philippe COINDREAU is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast.


Article 2
This Decision shall enter into force on 15 August 2010.




Done at Brussels, 19 July 2010.


For the Political and Security Committee


The Chairman

W. STEVENS
            





(1)  
            OJ L 301, 12.11.2008, p. 33.

(2)  
            OJ L 83, 30.3.2010, p. 22.
Case T-314/10: Action brought on 19 July 2010 — Constellation Brands/OHMI (COOK'S)
Date: 2010-07-19
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010260EN.01002301.xml










25.9.2010   


EN


Official Journal of the European Union


C 260/23





Action brought on 19 July 2010 — Constellation Brands/OHMI (COOK'S)
(Case T-314/10)
()
2010/C 260/31
Language of the case: English

Parties


Applicant: Constellation Brands, Inc. (New York, USA) (represented by: B. Brandreth, Barrister)

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

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 29 April 2010 in case R 1048/2009-1;










—


Remit the case to the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and order that restitutio in integrum be granted in respect of community trade mark application No 942128;










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘COOK’S’

Decision of the Trade Marks and Register Department: Rejected the request for restitutio in integrum and confirmed the cancellation of the Community trade mark registration No 942128

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 81 of Council Regulation No 207/2009, as the Board of Appeal erred in the application of this article and in its assessment of the facts in holding that the applicant’s representatives had failed to exercise due care in the circumstances.
Commission Regulation (EU) No 634/2010 of 19 July 2010 entering a name in the register of protected designations of origin and protected geographical indications (Ricotta di Bufala Campana (PDO))
Date: 2010-07-19
Institutions: European Commission
Subjects: Italy, cheese, designation of origin, location of production, product designation








L_2010186EN.01001401.xml










20.7.2010   


EN


Official Journal of the European Union


L 186/14








            COMMISSION REGULATION (EU) No 634/2010
of 19 July 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Ricotta di Bufala Campana (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, Italy’s application to register the name ‘Ricotta di Bufala Campana’ 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, 19 July 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 260, 30.10.2009, p. 43.




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

Class 1.4.   Other products of animal origin (eggs, honey, various dairy products except butter, etc.)

ITALY
Ricotta di Bufala Campana (PDO)
Case C-361/10: Reference for a preliminary ruling from the Conseil d’Etat (Belgium) lodged on 19 July 2010 — Scrl Intercommunale Intermosane, ABSL Fédération de l’Industrie et du Gaz (Synergrid) v Belgian State
Date: 2010-07-19
Institutions: Court of Justice
Subjects: Belgium, European standard, electrical industry, interpretation of the law, occupational safety, technical standard








C_2010274EN.01001101.xml










9.10.2010   


EN


Official Journal of the European Union


C 274/11





Reference for a preliminary ruling from the Conseil d’Etat (Belgium) lodged on 19 July 2010 — Scrl Intercommunale Intermosane, ABSL Fédération de l’Industrie et du Gaz (Synergrid) v Belgian State
(Case C-361/10)
()
2010/C 274/15
Language of the case: French

Referring court

Conseil d’Etat

Parties to the main proceedings


Applicants: Scrl Intercommunale Intermosane, ABSL Fédération de l’Industrie et du Gaz (Synergrid)

Defendant: Belgian State

Questions referred







1.


Do national regulations such as Articles 8 to 13 of the Royal Decree of 2 June 2008 concerning the minimum safety requirements for certain old electrical installations at places of work, which lay down requirements relating to the carrying out of electrical installations, the design of electrical equipment and forms of protection attached to that equipment in order to ensure the safety of workers, constitute technical regulations within the meaning Article 1(11) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations (1) and of rules on Information Society services, the drafts of which must be notified in accordance with the first subparagraph of Article 8(1) of the same directive?










2.


Are national regulations such as Articles 8 to 13 of the abovementioned Royal Decree of 2 June 2008 measures within the meaning of the final subparagraph of Article 1 of Directive 98/34/EC which the Member States consider necessary for ensuring the protection of persons, in particular workers, when using products and which do not affect the products?






(1)  OJ 1998 L 204, p. 37.
Commission Regulation (EU) No 638/2010 of 19 July 2010 on the issue of import licences for applications submitted in the first seven days of July 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2010-07-19
Institutions: European Commission
Subjects: Community certification, beef, import licence, product quality, quantitative restriction, tariff quota








L_2010186EN.01002601.xml










20.7.2010   


EN


Official Journal of the European Union


L 186/26








            COMMISSION REGULATION (EU) No 638/2010
of 19 July 2010
         
on the issue of import licences for applications submitted in the first seven days of July 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.












(2)


Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 July 2010 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,





HAS ADOPTED THIS REGULATION:



Article 1
Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 July 2010 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 63,674825 %.


Article 2
This Regulation shall enter into force on the 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, 19 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 182, 15.7.2009, p. 25.
Case C-360/10: Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel (Belgium) lodged on 19 July 2010 — Belgische Vereniging van Auteurs, Componisten en Uitgevers (Sabam) v Netlog NV
Date: 2010-07-19
Institutions: Court of Justice
Subjects: Internet, confidentiality, copyright, fundamental rights, intellectual property, interpretation of the law, protection of privacy








C_2010288EN.01001802.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/18






Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Brussel (Belgium) lodged on 19 July 2010 — Belgische Vereniging van Auteurs, Componisten en Uitgevers (Sabam) v Netlog NV
(Case C-360/10)
()
(2010/C 288/30)
Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Brussel

Parties to the main proceedings


Applicant: Belgische Vereniging van Auteurs, Componisten en Uitgevers (Sabam)

Defendant: Netlog NV

Question referred

Do Directives 2001/29 (1) and 2004/48, (2) in conjunction with Directives 95/46, (3) 2000/31 (4) and 2002/58, (5) construed in particular in the light of Articles 8 and 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, permit Member States to authorise a national court, before which substantive proceedings have been brought and on the basis merely of a statutory provision stating that: ‘They [the national courts] may also issue an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right’, to order a hosting service provider to introduce, for all its customers, in abstracto and as a preventive measure, at its own cost and for an unlimited period, a system for filtering most of the information which is stored on its servers in order to identify on its servers electronic files containing musical, cinematographic or audio-visual work in respect of which SABAM claims to hold rights, and subsequently to block the exchange of such files?


(1)  Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ 2001 L 167, p. 10).

(2)  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights (OJ 2004 L 157, p. 45).

(3)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ 1995 L 281, p. 31).

(4)  Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1).

(5)  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37).