do-me/EUR-LEX huggingface dataset:
Case T-70/08: Judgment of the General Court of 9 September 2010 — Axis v OHIM — Etra Investigación y Desarrollo (ETRAX) (Community trade mark — Opposition proceedings — Application for Community word mark ETRAX — Earlier national figurative marks containing the word elements ETRA I+D — Relative ground for refusal — Admissibility of the appeal before the Board of Appeal — Rule 49(1) of Regulation (EC) No 2868/95 and Article 59 of Regulation (EC) No 40/94 (now Article 60 of Regulation (EC) No 207/2009))
Date: 2010-09-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), new technology, service, trade-mark law, transmission network








C_2010288EN.01003301.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/33






Judgment of the General Court of 9 September 2010 — Axis v OHIM — Etra Investigación y Desarrollo (ETRAX)
(Case T-70/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ETRAX - Earlier national figurative marks containing the word elements ETRA I+D - Relative ground for refusal - Admissibility of the appeal before the Board of Appeal - Rule 49(1) of Regulation (EC) No 2868/95 and Article 59 of Regulation (EC) No 40/94 (now Article 60 of Regulation (EC) No 207/2009))
(2010/C 288/62)
Language of the case: English

Parties


Applicant: Axis AB (Lund, Sweden) (represented by: J. Norderyd, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Etra Investigación y Desarrollo, SA (Valencia, Spain)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 27 November 2007 (Case R 334/2007-2) relating to opposition proceedings between Etra Investigación y Desarrollo, SA and Axis AB.

Operative part of the order

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 27 November 2007 (Case R 334/2007-2) relating to opposition proceedings between Etra Investigación y Desarrollo, SA and Axis AB;










2.


Orders OHIM to bear its own costs and to pay those incurred by Axis AB.






(1)  OJ C 107, 26.4.2008.
Case T-120/09: Order of the General Court of 9 September 2010 — Phoenix-Reisen and DRV v Commission (State aid — Subsidy provided for by German law for insolvent companies — Complaint for alleged breach of Community law — Rejection of the complaint — Adoption of a later decision — No need to adjudicate)
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, Germany, State aid, action for annulment, aid to undertakings, financial solvency, indemnification








C_2010301EN.01003002.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/30





Order of the General Court of 9 September 2010 — Phoenix-Reisen and DRV v Commission
(Case T-120/09) (1)

(State aid - Subsidy provided for by German law for insolvent companies - Complaint for alleged breach of Community law - Rejection of the complaint - Adoption of a later decision - No need to adjudicate)
2010/C 301/51
Language of the case: German

Parties


Applicants: Phoenix-Reisen GmbH (Bonn, Germany) and Deutscher Reiseverband eV (DRV) (Berlin, Germany) (represented by: R. Gerharz and A. Funke, lawyers)

Defendant: European Commission (represented by: L. Flynn and B. Martenczuk, Agents)

Intervener in support of the defendant: Federal Republic of Germany (represented by J. Möller and B. Klein, Agents)

Re:

Application for annulment of the Commission’s letter of 13 February 2009 in which it states its intention not to take action against the Federal Republic of Germany for alleged State aid paid by means of insolvency benefit payments.

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


There is no longer any need to adjudicate on the application for joinder of the present case with case T-58/10 lodged by the applicants.










3.


Each party is to bear its own costs.






(1)  OJ C 297, 5.12.2009.
Case T-359/04: Judgment of the General Court of 9 September 2010 — British Aggregates and Others v Commission (State aid — Environmental tax on aggregates in the United Kingdom — Exemption for Northern Ireland — Commission decision not to raise objections — Serious difficulties — Community guidelines on State aid for environmental protection)
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, Northern Ireland, State aid, United Kingdom, action for annulment, environmental tax, mineral resources, tax exemption








C_2010288EN.01002801.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/28






Judgment of the General Court of 9 September 2010 — British Aggregates and Others v Commission
(Case T-359/04) (1)

(State aid - Environmental tax on aggregates in the United Kingdom - Exemption for Northern Ireland - Commission decision not to raise objections - Serious difficulties - Community guidelines on State aid for environmental protection)
(2010/C 288/52)
Language of the case: English

Parties


Applicants: British Aggregates Association (Lanark, United Kingdom), Healy Bros. Ltd (Middleton, Ireland) and David K. Trotter & Sons Ltd (represented by: C. Pouncey, Solicitor, and L. Van den Hende, lawyer)

Defendant: European Commission (represented by: J. Flett and T. Scharf, Agents)

Intervening party: United Kingdom of Great Britain and Northern Ireland, (represented initially by M. Bethell and subsequently by E. Jenkinson and I. Rao, and lastly by S. Ossowski, acting as Agents, assisted by M. Hall and G. Facenna, Barristers)

Re:

Application for annulment of Commission Decision C(2004) 1614 final of 7 May 2004 not to raise objections to the modified exemption for Northern Ireland in the context of the scheme of levies on aggregates in the United Kingdom

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2004) 1614 final of 7 May 2004 not to raise objections to the change in the exemption, in Northern Ireland, from the levy on aggregates in the United Kingdom;










2.


Orders the Commission to bear its own costs and to pay those incurred by the British Aggregates Association, Healy Bros. Ltd and David K. Trotter & Sons Ltd;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 284, 20.11.2004.
Case T-402/10: Action brought on 9 September 2010 — Villeroy & Boch — Belgium v Commission
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, action for annulment, fine, infringement of EU law








C_2010301EN.01005302.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/53





Action brought on 9 September 2010 — Villeroy & Boch — Belgium v Commission
(Case T-402/10)
()
2010/C 301/85
Language of the case: Dutch

Parties


Applicant: Villeroy & Boch — Belgium (Brussels, Belgium) (represented by: O. Brouwer and J. Blockx, lawyers)

Defendant: European Commission

Form of order sought







—


annul the contested decision in so far as it concerns Villeroy & Boch Belgium N.V./S.A;










—


in the alternative, reduce the fine imposed on the applicant; and also










—


order the Commission to pay the costs of the proceedings.





Pleas in law and main arguments

The applicant seeks the partial annulment of Commission Decision C(2010) 4185 of 23 June 2010 in Case COMP/39092 — Bathroom fixtures and fittings, relating to an infringement of Article 101(1) TFEU on the market for taps, shower cabins and ceramic products.
The applicant puts forward seven pleas in support of its action:






—


breach of Article 101 TFEU, Article 53 of the EEA Agreement and settled case-law in so far as the Commission incorrectly assumed that there had been a single and continuous infringement;










—


breach of the duty to state reasons flowing from Article 296(2) TFEU on account of an inadequate and defective statement of reasons in relation to the finding of a single and continuous infringement;










—


breach of the duty to state reasons in relation to the applicant’s alleged participation in the infringement of which it stands accused on the Belgian market and absence of evidence that the applicant participated in that infringement on the Belgian market;










—


the joint and several liability for the fine imposed on the applicant and its parent company infringes the principle nulla poena sine lege laid down in Article 49(1) of the Charter of Fundamental Rights of the European Union and the principle of the proportionality of the penalty to the offence pursuant to Article 49(3) in conjunction with Article 48(1) of the Charter, and infringement of Article 23 of Regulation (EC) No 1/2003;










—


miscalculation of the amount of the fine, since that amount relates to certain turnover which has no connection with the infringement of which the applicant stands accused;










—


breach of Article 41 of the Charter, since the disproportionate length of the procedure did not result in a reduction of the fine;










—


breach of Article 23(3) of Regulation No 1/2003 on account of the incorrect setting of the fine in the light of the gravity of the infringement and incorrect setting of the ‘deterrent factor’, as well as the disproportionate amount of the fine in absolute terms.
Commission Regulation (EU) No 798/2010 of 9 September 2010 fixing the minimum selling price for skimmed milk powder for the sixth individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-09-09
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010239EN.01000601.xml










10.9.2010   


EN


Official Journal of the European Union


L 239/6








            COMMISSION REGULATION (EU) No 798/2010
of 9 September 2010
         
fixing the minimum selling price for skimmed milk powder for the sixth individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010


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 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, in accordance with the 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 sixth 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 sixth individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 7 September 2010, the minimum selling price for skimmed milk powder shall be EUR 211,00/100 kg.


Article 2
This Regulation shall enter into force on 10 September 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 September 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. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Corrigendum to the list of recognised interbranch organisations in the tobacco sector ( OJ C 222, 17.8.2010 )
Date: 2010-09-09
Institutions: European Commission
Subjects: France, approval, directory, professional association, tobacco industry








C_2010242EN.01000601.xml










9.9.2010   


EN


Official Journal of the European Union


C 242/6





Corrigendum to the list of recognised interbranch organisations in the tobacco sector
(
Official Journal of the European Union C 222 of 17 August 2010
)
2010/C 242/04
On page 5, in the table, section ‘FRANCE’, column ‘1’:
delete the sentence ‘Fin de validité: 31.12.2008’;
for:

‘Prolongation de la validité: jusqu’au 31.12.2009’,

read:

‘Prolongation de la validité: jusqu’au 31.12.2012’.
Case T-505/08: Judgment of the General Court of 9 September 2010 — Nadine Trautwein Rolf Trautwein v OHIM (Hunter) (Community trade mark — Application for Community word mark Hunter — 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) — Restriction of the goods designated in the trade mark application)
Date: 2010-09-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), equal treatment, trade-mark law








C_2010288EN.01003602.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/36






Judgment of the General Court of 9 September 2010 — Nadine Trautwein Rolf Trautwein v OHIM (Hunter)
(Case T-505/08) (1)

(Community trade mark - Application for Community word mark Hunter - 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) - Restriction of the goods designated in the trade mark application)
(2010/C 288/69)
Language of the case: German

Parties


Applicant: Nadine Trautwein Rolf Trautwein GbR, Research and Development (Leopoldshohe, Germany) (represented by: C. Czychowski, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 17 September 2008, as corrected on 5 February 2009 (Case R 1733/2007-1), concerning an application for registration as a Community trade mark of the word sign Hunter.

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 44, 21.2.2009.
Case T-319/05: Judgment of the General Court of 9 September 2010 — Switzerland v Commission (External relations — Agreement between the European Community and the Swiss Confederation on Air Transport — German measures relating to the approaches to Zurich airport — Regulation (EEC) No 2408/92 — Rights of the defence — Principle of non-discrimination — Principle of proportionality)
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, Germany, Switzerland, action for annulment, air transport, airport, carrier, complaint to the Commission, market access, transport capacity








C_2010288EN.01002902.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/29






Judgment of the General Court of 9 September 2010 — Switzerland v Commission
(Case T-319/05) (1)

(External relations - Agreement between the European Community and the Swiss Confederation on Air Transport - German measures relating to the approaches to Zurich airport - Regulation (EEC) No 2408/92 - Rights of the defence - Principle of non-discrimination - Principle of proportionality)
(2010/C 288/55)
Language of the case: German

Parties


Applicant: Swiss Confederation (represented by: S. Hirsbrunner, U. Soltész and P. Melcher, lawyers)

Defendant: European Commission (represented by: F. Benyon, M. Huttunen and M. Niejahr, acting as Agents)

Interveners in support of the defendant: Federal Republic of Germany (represented by: C.-D. Quassowski and A. Tiemann, acting as Agents, assisted by T. Masing, lawyer); and Landkreis Waldshut (represented by M. Núñez-Müller, lawyer)

Re:

ACTION for annulment of Commission Decision 2004/12/EC of 5 December 2003 on a procedure relating to the application of Article 18(2), first sentence, of the Agreement between the European Community and the Swiss Confederation on air transport and Council Regulation (EEC) No 2408/92 (Case TREN/AMA/11/03 — German measures relating to the approaches to Zurich airport) (OJ 2004 L 4, p. 13)

Operative part of the judgment

The General Court:






1.


Dismisses the action;










2.


Orders the Swiss Confederation to bear its own costs and to pay those incurred by the European Commission;










3.


Orders the Federal Republic of Germany and Landkreis Waldshut to bear their own respective costs.






(1)  OJ C 94, 17.4.2004 (previously Case C-70/04).
Euro exchange rates
Date: 2010-09-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2010242EN.01000401.xml










9.9.2010   


EN


Official Journal of the European Union


C 242/4





Euro exchange rates (1)

8 September 2010
2010/C 242/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2697




JPY


Japanese yen


106,41




DKK


Danish krone


7,4457




GBP


Pound sterling


0,82205




SEK


Swedish krona


9,2710




CHF


Swiss franc


1,2837




ISK


Iceland króna


 




NOK


Norwegian krone


7,8810




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,718




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


288,95




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7090




PLN


Polish zloty


3,9518




RON


Romanian leu


4,2875




TRY


Turkish lira


1,9286




AUD


Australian dollar


1,3845




CAD


Canadian dollar


1,3310




HKD


Hong Kong dollar


9,8677




NZD


New Zealand dollar


1,7626




SGD


Singapore dollar


1,7075




KRW


South Korean won


1 489,21




ZAR


South African rand


9,2255




CNY


Chinese yuan renminbi


8,6267




HRK


Croatian kuna


7,2825




IDR


Indonesian rupiah


11 419,08




MYR


Malaysian ringgit


3,9489




PHP


Philippine peso


56,299




RUB


Russian rouble


39,2301




THB


Thai baht


39,405




BRL


Brazilian real


2,1939




MXN


Mexican peso


16,5444




INR


Indian rupee


59,2399






(1)  Source: reference exchange rate published by the ECB.
Notice of open competitions
Date: 2010-09-09
Institutions: European Personnel Selection Office
Subjects: EPSO, administrative competition, invitation to tender, translation








C_2010242EN.01000501.xml










9.9.2010   


EN


Official Journal of the European Union


C 242/5





NOTICE OF OPEN COMPETITIONS
2010/C 242/03
The European Personnel Selection Office (EPSO) is organising the following open competitions:

HEADS OF UNIT (AD 9) AND HEADS OF UNIT/HEADS OF DEPARTMENT (AD 12) IN THE FIELD OF TRANSLATION








EPSO/AD/190/10 (AD 9)




EPSO/AD/191/10 (AD 12)











—


main language Bulgarian (BG)






—










—


main language Lithuanian (LT)












—


main language Lithuanian (LT)














—


main language Latvian (LV)






—










—


main language Maltese (MT)












—


main language Maltese (MT)














—


main language Polish (PL)






—










—


main language Romanian (RO)












—


main language Romanian (RO)








—








—


main language Slovak (SK)














—


main language Slovenian (SL)












—


main language Slovenian (SL)








The competition notice is published in Official Journal C 242 A of 9 September 2010
 in Bulgarian, Lithuanian, Latvian, Maltese, Polish, Romanian, Slovak and Slovenian only.
Further details can be found on the EPSO website: http://eu-careers.eu
Case T-155/06: Judgment of the General Court of 9 September 2010 — Tomra Systems and Others v Commission (Competition — Abuse of dominant position — Market for machines for the collection of used beverage containers — Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement — Exclusivity agreements, quantity commitments and loyalty rebates forming part of a strategy of excluding competitors from the market — Fine — Proportionality)
Date: 2010-09-09
Institutions: General Court
Subjects: European Commission, action for annulment, dominant position, exclusive distribution agreement, fine, waste recycling








C_2010288EN.01003101.xml










23.10.2010   


EN


Official Journal of the European Union


C 288/31






Judgment of the General Court of 9 September 2010 — Tomra Systems and Others v Commission
(Case T-155/06) (1)

(Competition - Abuse of dominant position - Market for machines for the collection of used beverage containers - Decision finding an infringement of Article 82 EC and Article 54 of the EEA Agreement - Exclusivity agreements, quantity commitments and loyalty rebates forming part of a strategy of excluding competitors from the market - Fine - Proportionality)
(2010/C 288/58)
Language of the case: English

Parties


Applicants: Tomra Systems ASA (Asker, Norway); Tomra Europe AS (Asker); Tomra Systems GmbH (Hilden, Germany); Tomra Systems BV (Apeldoorn, Netherlands); Tomra Leergutsysteme GmbH (Vienna, Austria); Tomra Systems AB (Sollentuna, Sweden); and Tomra Butikksystemer AS (Asker) (represented by: initially, A. Ryan, Solicitor, and J. Midthjell, lawyer, and, subsequently, by A. Ryan and N. Frey, Solicitors)

Defendant: European Commission (represented by: É. Gippini Fournier, acting as Agent)

Re:

Application for annulment of Commission Decision C(2006) 734 final of 29 March 2006 relating to proceedings under Article 82 [EC] and Article 54 of the EEA Agreement (Case COMP/E 1/38.113 — Prokent Tomra)

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Tomra Systems ASA, Tomra Europe AS, Tomra Systems GmbH, Tomra Systems BV, Tomra Leergutsysteme GmbH, Tomra Systems AB and Tomra Butikksystemer AS to bear their own costs and to pay those incurred by the European Commission.






(1)  OJ C 190, 12.8.2006.