do-me/EUR-LEX huggingface dataset:
Case C-363/10: Reference for a preliminary ruling from the Tribunal Judicial de Póvoa de Lanhoso (Portugal) lodged on 21 July 2010 — Maria de Jesus Barbosa Rodrigues v Companhia de Seguros Zurich SA
Date: 2010-07-21
Institutions: Court of Justice
Subjects: freedom of movement, insurance company, interpretation of the law, motor vehicle, motor vehicle insurance, personal accident insurance, right of establishment, third-party insurance








C_2010288EN.01001901.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/19






Reference for a preliminary ruling from the Tribunal Judicial de Póvoa de Lanhoso (Portugal) lodged on 21 July 2010 — Maria de Jesus Barbosa Rodrigues v Companhia de Seguros Zurich SA
(Case C-363/10)
()
(2010/C 288/31)
Language of the case: Portuguese

Referring court

Tribunal Judicial de Póvoa de Lanhoso

Parties to the main proceedings


Applicant: Maria de Jesus Barbosa Rodrigues

Defendant: Companhia de Seguros Zurich SA

Question referred

In a motor-vehicle collision in which none of the drivers is liable for the accident on the basis of fault, and which has resulted in the death of one them, is it contrary to Community law, in particular Article 3(1) of the First Directive (Directive 72/166/EEC), (1) Article 2(1) of the Second Directive (84/5/EEC) (2) and Article 1 of the Third Directive (90/232/EEC), (3) as those provisions have been interpreted by the Court of Justice of the European Communities, for it to be possible to apportion liability for risk (Article 506(1) and (2) of the Código Civil) with a direct impact on the amount of compensation to be awarded to the persons having a right to compensation — the victim’s parents — (since that apportionment of liability for risk will entail a commensurate reduction in the amount of compensation)?


(1)  Council Directive 72/166/EEC of 24 April 1972 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles, and to the enforcement of the obligation to insure against such liability (OJ, English Special Edition 1972 (II), p. 360).

(2)  Second Council Directive 84/5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1984 L 8, p. 17).

(3)  Third Council Directive 90/232/EEC of 14 May 1990 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ 1990 L 129, p. 33).
Corrigendum to Commission Regulation (EU) No 637/2010 of 19 July 2010 suspending submission of applications for import licences for sugar products under certain tariff quotas ( OJ L 186, 20.7.2010 )
Date: 2010-07-21
Institutions: European Commission
Subjects: import, import licence, marketing, sugar, tariff quota




L_2010187EN.01002801.xml










21.7.2010   


EN


Official Journal of the European Union


L 187/28







Corrigendum to Commission Regulation (EU) No 637/2010 of 19 July 2010 suspending submission of applications for import licences for sugar products under certain tariff quotas
(
Official Journal of the European Union L 186 of 20 July 2010
)

On page 25, in the Annex, the table ‘Balkans Sugar’ should read as follows:

Balkans Sugar


2009/2010 marketing year


Applications lodged from 1.7.2010 to 7.7.2010









Order No


Country


Allocation coefficient
(%)


Further applications




09.4324


Albania


—


 




09.4325


Bosnia and Herzegovina



 (1)



Suspended




09.4326


Serbia, Montenegro and Kosovo (*1)




 (1)



 




09.4327


Former Yugoslav Republic of Macedonia


—


 




09.4328


Croatia



 (1)



 











‘—’


:


Not applicable: no licence application has been sent to the Commission.










(*1)  Kosovo under United Nations Security Council Resolution 1244/1999.

(1)  Not applicable: the applications do not exceed the quantities available and are fully granted.
Case T-279/10: Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)
Date: 2010-07-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010234EN.01004502.xml










28.8.2010   


EN


Official Journal of the European Union


C 234/45





Action brought on 21 June 2010 — K-Mail Order v OHIM — IVKO (MEN’Z)
(Case T-279/10)
()
2010/C 234/81
Language in which the application was lodged: German

Parties


Applicant: K-Mail Order GmbH & Co. KG (Pforzheim, Germany) (represented by: T. Zeiher, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: IVKO Industrieprodukt-Vertriebskontakt GmbH (Baar-Wanderath, 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 30 March 2010 in Case R 746/2009-1;










—


Uphold the opposition against allowing the contested Community trade mark application; in the alternative, refer the case back to the Board of Appeal for further consideration;










—


Order the unsuccessful party to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: IVKO Industrieprodukt-Vertriebskontakt GmbH

Community trade mark concerned: the figurative mark MEN’Z for goods in Classes 9, 14 and 18

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

Mark or sign cited in opposition: the company name ‘WENZ’ used in Germany in the course of trade for goods in Classes 14, 18 and 25

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(4) in conjunction with Article 41(1)(c) of Regulation (EC) No 207/2009 (1) and infringement of Article 76(1) of that regulation as the applicant’s company name is of more than mere local significance


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).