do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 776/2010 of 2 September 2010 entering a name in the register of protected designations of origin and protected geographical indications (Génisse Fleur d’Aubrac (PGI))
Date: 2010-09-02
Institutions: European Commission
Subjects: France, designation of origin, labelling, location of production, meat product, product designation








L_2010233EN.01000901.xml










3.9.2010   


EN


Official Journal of the European Union


L 233/9








            COMMISSION REGULATION (EU) No 776/2010
of 2 September 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Génisse Fleur d’Aubrac (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) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Génisse Fleur d’Aubrac’ was published in the Official Journal of the European Union (2).












(2)


As no objections within the meaning of Article 7 of Regulation (EC) No 510/2006 were 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, 2 September 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 322, 30.12.2009, p. 39.




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

Class 1.1.   Fresh meat (and offal)

FRANCE
Génisse Fleur d’Aubrac (PGI)
Case T-369/10: Action brought on 2 September 2010 — Handicare v OHIM — Apple Corps (BEATLE)
Date: 2010-09-02
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010301EN.01003501.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/35





Action brought on 2 September 2010 — Handicare v OHIM — Apple Corps (BEATLE)
(Case T-369/10)
()
2010/C 301/59
Language in which the application was lodged: English

Parties


Applicant: Handicare Holding BV (Helmond, The Netherlands) (represented by: G. van Roeyen, lawyer)

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

Other party to the proceedings before the Board of Appeal: Apple Corps Ltd (London, United Kingdom)

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 31 May 2010 in case R 1276/2009-2; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘BEATLE’, for goods in class 12

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: United Kingdom trade mark registration No 1341242 of the figurative marks ‘BEATLES’ and ‘THE BEATLES’, for goods in class 9; Spanish trade mark registration No 1737191 of the figurative mark ‘BEATLES’, for goods in class 9; German trade mark registrations No 1148166 and No 2072741 of the figurative marks ‘BEATLES’, for goods in class 9; Portuguese trade mark registration No 312175 of the figurative mark ‘BEATLES’, for goods in class 9; French trade mark registration No 1584857 of the figurative mark ‘BEATLES’, for goods in class 9; Italian trade mark registration No 839105 of the figurative mark ‘BEATLES’, for goods in class 9; Community trade mark registration No 219048 of the word mark ‘BEATLES’, for goods in classes 6, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 27, 28, 34, and 41; Community trade mark registration No 219014 of the figurative mark ‘BEATLES’, for goods in classes 6, 9, 14, 15, 16, 18, 20, 21, 24, 25, 26, 27, 28, 34, and 41

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Upheld the appeal and annulled the decision of the Opposition Division

Pleas in law: Infringement of Articles 8(1)(b) and 8(4) of Council Regulation No 207/2009, as the Board of Appeal failed to reject the opposition on these grounds notwithstanding that it established that there is not any real similarity between the concerned products; infringement of Article 8(5) of Council Regulation No 207/2009, as the Board of Appeal erroneously concluded that the conditions for the application of this Article were fulfilled.
Prior notification of a concentration (Case COMP/M.5956 — EADS/OPIP/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2010-09-02
Institutions: European Commission
Subjects: aircraft, building industry, chemical industry, economic concentration, exchange of information, merger control, satellite, technology, telecommunications industry








C_2010237EN.01002001.xml










2.9.2010   


EN


Official Journal of the European Union


C 237/20





Prior notification of a concentration
(Case COMP/M.5956 — EADS/OPIP/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 237/04






1.


On 26 August 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings EADS Deutschland GmbH (‘EADS DS’, Germany), belonging to the EADS group (The Netherlands), and Odebrecht Plantas Industriais e Participações SA (‘OPIP’, Brazil), controlled by Odebrecht SA (Brazil), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created company constituting a joint venture (‘JV’), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


EADS DS: integrated defence and security solutions. EADS group is active in aircrafts, telecommunications equipment, defence and security systems and satellites,










—


OPIP: engineering, civil construction and industrial assembly services. Odebrecht SA is a business conglomerate active in several areas (engineering, construction, chemical, petrochemical industries, oil and gas, environmental engineering, real-estate developments, infrastructure investments, and bio energy),










—


JV: market electronic defence and security systems and products.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5956 — EADS/OPIP/JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Case C-254/09 P: Judgment of the Court (First Chamber) of 2 September 2010 — Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Zafra Marroquineros SL (Appeals — Community trade mark — Word mark CK CREACIONES KENNYA — Opposition by the proprietor of inter alia the Community figurative mark CK Calvin Klein and national marks CK — Opposition rejected)
Date: 2010-09-02
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), appeal, cosmetic product, fine, infringement of EU law, trade-mark law








C_2010288EN.01001201.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/12






Judgment of the Court (First Chamber) of 2 September 2010 — Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Zafra Marroquineros SL
(Case C-254/09 P) (1)

(Appeals - Community trade mark - Word mark CK CREACIONES KENNYA - Opposition by the proprietor of inter alia the Community figurative mark CK Calvin Klein and national marks CK - Opposition rejected)
(2010/C 288/18)
Language of the case: Spanish

Parties


Appellant: Calvin Klein Trademark Trust (represented by: T. Andrade Boué, lawyer)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent), Zafra Marroquineros SL (represented by: J.E. Martín Álvarez, lawyer)

Re:

Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 7 May 2009 in Case T 185/07 Calvin Klein Trademark Trust v OHIM and Zafra Marroquineros, SL dismissing the action brought against the decision of the Second Board of Appeal of OHIM of 29 March 2007 (Case R 314/2006-2) relating to opposition proceedings between Calvin Klein Trademark Trust and Zafra Marroquineros, SL.

Operative part of the judgment

The Court:






1.


Dismisses the appeal










2.


Orders Calvin Klein Trademark Trust to pay the costs.






(1)  OJ C 205, 29.8.2009.
Commission Regulation (EU) No 777/2010 of 2 September 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto Toscano (PDO))
Date: 2010-09-02
Institutions: European Commission
Subjects: Italy, designation of origin, labelling, location of production, meat product, product designation








L_2010233EN.01001101.xml










3.9.2010   


EN


Official Journal of the European Union


L 233/11








            COMMISSION REGULATION (EU) No 777/2010
of 2 September 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Prosciutto Toscano (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)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Prosciutto Toscano’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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, 2 September 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 322, 30.12.2009, p. 33.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

ITALY
Prosciutto Toscano (PDO)
Action brought on 2 September 2010 by Konkurrenten.no AS against the EFTA Surveillance Authority (Case E-14/10)
Date: 2010-09-02
Institutions: EFTA Surveillance Authority
Subjects: EFTA Court, European standard, Norway, action for failure to fulfil an obligation, national implementing measure








C_2010320EN.01002201.xml










25.11.2010   


EN


Official Journal of the European Union


C 320/22





Action brought on 2 September 2010 by Konkurrenten.no AS against the EFTA Surveillance Authority
(Case E-14/10)
2010/C 320/11
An action against the EFTA Surveillance Authority was brought before the EFTA Court on 2 September 2010 by Konkurrenten.no AS, represented by Jon Midthjell, advokat, Advokatfirmaet Midthjell AS, Grev Wedels plass 5, 0151 Oslo, NORWAY.
The applicant requests the EFTA Court:






1.


to annul EFTA Surveillance Authority Decision No 254/10/COL of 21 June 2010 (AS Oslo Sporveier and AS Sporveisbussene);










2.


to order the Defendant to pay the costs.





Legal and factual background and pleas in law adduced in support:







—


The Applicant, Konkurrenten.no AS, is a privately owned operator in the Norwegian express bus market.










—


On 11 August 2006, the Applicant lodged a complaint with the EFTA Surveillance Authority alleging that the City of Oslo has granted aid to AS Oslo Sporveier (now: Ruter AS) and its subsidiary, AS Sporveisbussene (now: Unibuss AS), in violation of Article 61 of the EEA Agreement.










—


With the contested decision, the EFTA Surveillance Authority closed the case. It considered that State aid contrary to Articles 61(1) and 49 of the EEA Agreement and Regulation (EC) No 1370/2007 had been granted. It further considered that the aid was existing aid pursuant to Article 1(b)(i) and (v) of Part II of Protocol 3 to the Surveillance and Court Agreement, and that it was terminated in 2008. It concluded that no further action was required.










—


The Applicant claims that the EFTA Surveillance Authority:






—


erred by assessing the aid between 2000 and 2008 as existing aid, given that a new licence to run local bus transport in the City of Oslo was issued at the end of 1999, and infringed its duty to open the formal investigation procedure,










—


erred by assessing the aid between 1997 and 2000 as existing aid, given the liberalisation of the market for bus transport, and infringed its duty to open the formal investigation procedure, and










—


failed to sufficiently state the reasons for its decision.
Commission Regulation (EU) No 778/2010 of 2 September 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Val di Non (PDO))
Date: 2010-09-02
Institutions: European Commission
Subjects: Italy, designation of origin, fresh fruit, labelling, location of production, product designation








L_2010233EN.01001301.xml










3.9.2010   


EN


Official Journal of the European Union


L 233/13








            COMMISSION REGULATION (EU) No 778/2010
of 2 September 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Mela Val di Non (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)


By virtue of the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Mela Val di Non’ registered in accordance with Commission Regulation (EC) No 2400/96 (2), as amended by Regulation (EC) No 1665/2003 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


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, 2 September 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ L 327, 18.12.1996, p. 11.

(3)  
            OJ L 235, 23.9.2003, p. 6.

(4)  
            OJ C 315, 23.12.2009, p. 27.




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

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

ITALY
Mela Val di Non (PDO)
Case F-72/10: Action brought on 2 September 2010 — da Silva Tenreiro v Commission
Date: 2010-09-02
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, civil servant, personnel administration, promotion








C_2010317EN.01004901.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/49





Action brought on 30 August 2010 — Cantisani v Commission
(Case F-71/10)
()
2010/C 317/87
Language of the case: French

Parties


Applicant: Nicola Cantisani (Brussels, Belgium) (represented by: S. de Lannoy, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the Commission's decision rejecting the applicant's request for assistance in respect of harrassment and claim for compensation.

Forms of order sought







—


Annul the decision of the Director of the Directorate General for Personnel and Administration of the Commission of 9 October 2009 (ADMIN.B2/JJ/jm 0(09)) whereby the adminstration decided it did not need to take action in respect of the applicant's request to the Commission for assistance of 29 January 2009;










—


Compensate the applicant for material and non-material damage suffered by reason of the acts of harrassment;










—


Order the European Commission to pay the costs.
Case C-355/09: Order of the President of the Court of 2 September 2010 — European Commission v Ireland
Date: 2010-09-02
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, drug traffic, national implementing measure, pharmaceutical product, psychotropic substance








C_2010346EN.01003801.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/38





Order of the President of the Court of 2 September 2010 — European Commission v Ireland
(Case C-355/09) (1)

()
2010/C 346/67
Language of the case: English
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 256, 24.10.2009.
Commission Regulation (EU) No 775/2010 of 2 September 2010 entering a name in the register of protected designations of origin and protected geographical indications (Los Pedroches (PDO))
Date: 2010-09-02
Institutions: European Commission
Subjects: Spain, designation of origin, labelling, location of production, meat product, product designation








L_2010233EN.01000701.xml










3.9.2010   


EN


Official Journal of the European Union


L 233/7








            COMMISSION REGULATION (EU) No 775/2010
of 2 September 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Los Pedroches (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) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Spain’s application to register the name ‘Los Pedroches’ 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, 2 September 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 3, 7.1.2010, p. 7.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

SPAIN
Los Pedroches (PDO)