do-me/EUR-LEX huggingface dataset:
Case T-442/10 P: Appeal brought on 20 September 2010 by Salvatore Magazzu against the judgment of the Civil Service Tribunal delivered on 8 July 2010 in Case F-126/06, Magazzu v Commission
Date: 2010-09-20
Institutions: General Court
Subjects: European Commission, European official, action by staff, action for annulment, competition (EU), personnel administration, servant (EU)








C_2010328EN.01003601.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/36





Appeal brought on 20 September 2010 by Salvatore Magazzu against the judgment of the Civil Service Tribunal delivered on 8 July 2010 in Case F-126/06, Magazzu v Commission
(Case T-442/10 P)
()
2010/C 328/61
Language of the case: French

Parties


Appellant: Salvatore Magazzu (Brussels, Belgium) (represented by M. Velardo, lawyer)

Other party to the proceedings: European Commission

Forms of order sought by the appellant







—


Annulment of the judgment in Case F-126/06 Magazzu v Commission;










—


Annulment of the decision of 13 December 2005 in so far as it classifies the applicant as a probationary official in grade A*6, step 2, as from 1 January 2006;










—


Reference of the case back to the Civil Service Tribunal for judgment;










—


Costs against the Commission, including those of the procedure at first instance.





Pleas in law and main arguments

The pleas in law and main arguments raised by the appellant are essentially identical or similar to those raised in Case T-441/10 P Kurrer v Commission.
Commission Regulation (EU) No 831/2010 of 20 September 2010 on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2010-09-20
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2010247EN.01005301.xml










21.9.2010   


EN


Official Journal of the European Union


L 247/53








            COMMISSION REGULATION (EU) No 831/2010
of 20 September 2010
         
on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


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,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of September 2010 for the subperiod from 1 October to 31 December 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 October to 31 December 2010 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 21 September 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2010-31.12.2010
(%)




1


09.4410


0,376287 




3


09.4412


0,453791 




4


09.4420


0,653701 




6


09.4422


0,676375
Case T-443/10 P: Appeal brought on 20 September 2010 by Stefano Sotgia against the judgment of the Civil Service Tribunal delivered on 8 July 2010 in Case F-130/06, Sotgia v Commission
Date: 2010-09-20
Institutions: General Court
Subjects: European Commission, European official, action by staff, competition (EU), personnel administration, regulations for civil servants, servant (EU)








C_2010328EN.01003602.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/36





Appeal brought on 20 September 2010 by Stefano Sotgia against the judgment of the Civil Service Tribunal delivered on 8 July 2010 in Case F-130/06, Sotgia v Commission
(Case T-443/10 P)
()
2010/C 328/62
Language of the case: French

Parties


Appellant: Stefano Sotgia (Dublin, Ireland) (represented by M. Velardo, lawyer)

Other party to the proceedings: European Commission

Forms of order sought by the appellant







—


Annulment of the judgment in Case F-130/06 Sotgia v Commission;










—


Annulment of the decision of 11 April 2006 in so far as it classifies the applicant as a probationary official in grade A*6, step 2, as from 16 April 2006;










—


In the alternative, reference of the case back to the Civil Service Tribunal for judgment;










—


Costs against the Commission, including those of the procedure at first instance.





Pleas in law and main arguments

The pleas in law and main arguments raised by the appellant are essentially identical or similar to those raised in Case T-441/10 P Kurrer v Commission.
Case T-433/10 P: Appeal brought on 20 September 2010 by Allen and Others against the Order of the European Union Civil Service Tribunal made on 13 July 2010 in case Allen and Others v Commission, F-103/09
Date: 2010-09-20
Institutions: General Court
Subjects: Civil Service Tribunal, European Commission, action for annulment, servant (EU)








C_2010317EN.01004101.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/41





Appeal brought on 20 September 2010 by Allen and Others against the Order of the European Union Civil Service Tribunal made on 13 July 2010 in case Allen and Others v Commission, F-103/09
(Case T-433/10 P)
()
2010/C 317/74
Language of the case: English

Parties


Appellant: John Allen (Horspath, United Kingdom) and Others (represented by: K. Lasok, QC and B. Lask, Barrister)

Other party to the appeal proceedings: European Commission

Form of order sought by the appellant







—


Allow the appeal;










—


Quash the Order of the European Union Civil Service Tribunal (First Chamber), dated 13 July 2010 in case F-103/09;










—


Dismiss the first and second plea of admissibility raised by the defendant; and










—


Order the costs of this appeal to be paid by the defendant.





Pleas in law and main arguments

By the present appeal, the appellants seek to have set aside the Order to the European Union Civil Service Tribunal (EUCST) of 13 July 2010, delivered in case F-103/09 Allen and Others v Commission, by which the EUCST dismissed as inadmissible the action by which the appellants have sought damages and the annulment of a decision refusing to pay damages in respect of the loss suffered by each applicant as a result of the fact that they were not recruited as temporary servants of the Communities during the time they worked at the Joint European Torus (JET) Joint Undertaking.
In support of their appeal, the appellants submit that by concluding that an obligation to act within a reasonable period applied in the present context and, even if it did, by its approach to the duration and start point of that period, the EUCST acted contrary to the case law of the Court of Justice and to fundamental principles of European Union law.
Case C-461/10: Reference for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 20 September 2010 — Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget Aktiebolag, Storyside AB v Perfect Communication Sweden AB
Date: 2010-09-20
Institutions: Court of Justice
Subjects: EU law - national law, Internet, data processing, intellectual property, interpretation of the law








C_2010317EN.01002401.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/24





Reference for a preliminary ruling from the Högsta domstolen (Sweden) lodged on 20 September 2010 — Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget Aktiebolag, Storyside AB v Perfect Communication Sweden AB
(Case C-461/10)
()
2010/C 317/42
Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings


Applicants: Bonnier Audio AB, Earbooks AB, Norstedts Förlagsgrupp AB, Piratförlaget Aktiebolag, Storyside AB

Defendant: Perfect Communication Sweden AB

Questions referred







1.


Does Directive 2006/24/EC (1) of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (the data storage directive), and in particular Articles 3, 4, 5 and 11 thereof, preclude the application of a national provision which is based on Article 8 of Directive 2004/48/EC (2) of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights and which permits an internet service provider in civil proceedings, in order to identify a particular subscriber, to be ordered to give a copyright holder or its representative information on the subscriber to whom the internet service provider provided a specific IP address, which address, it is claimed, was used in the infringement? The question is based on the assumption that the applicant has adduced evidence of the infringement of a particular copyright and that the measure is proportionate.










2.


Is the answer to Question 1 affected by the fact that the Member State has not implemented the data storage directive despite the fact that the period prescribed for implementation has expired?






(1)  OJ L 105, p. 54.

(2)  OJ L 157, p. 45.
Commission Regulation (EU) No 828/2010 of 20 September 2010 on the issue of import licences for applications submitted in the first seven days of September 2010 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2010-09-20
Institutions: European Commission
Subjects: Community certification, beef, import licence, product quality, quantitative restriction, tariff quota








L_2010247EN.01004801.xml










21.9.2010   


EN


Official Journal of the European Union


L 247/48








            COMMISSION REGULATION (EU) No 828/2010
of 20 September 2010
         
on the issue of import licences for applications submitted in the first seven days of September 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 September 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 September 2010 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 75,767209 %.


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, 20 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 182, 15.7.2009, p. 25.
Case T-421/10: Action brought on 20 September 2010 — Cooperativa Vitivinícola Arousana v OHIM — Constantina Sotelo Ares (ROSALIA DE CASTRO)
Date: 2010-09-20
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, beer, beverage, spirits, trade-mark law, water, wine








C_2010301EN.01006102.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/61





Action brought on 20 September 2010 — Cooperativa Vitivinícola Arousana v OHIM — Constantina Sotelo Ares (ROSALIA DE CASTRO)
(Case T-421/10)
()
2010/C 301/98
Language in which the application was lodged: Spanish

Parties


Applicant: Cooperativa Vitivinícola Arousana, S. Coop. Galega (Meaño, Spain) (represented by: E Sánchez-Quiñones González, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Doña Constantina Sotelo Ares (Cambados, Spain)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of OHIM of 19 July 2010 in Case R 1804/2008-4;










—


order that trade mark 5635867 ROSALIA DE CASTRO be granted in respect of Classes 32, 33 and 35;










—


order the defendant to pay the costs, annulling the costs which the applicant was ordered to pay in the appeal.





Pleas in law and main arguments


Applicant for a Community trade mark: Cooperativa Vitivínicola Arousana, S. Coop. Galega.

Community trade mark concerned: Word mark ‘ROSALIA DE CASTRO’ for goods and services in Classes 32, 33 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Doña Constantina Sotelo Ares.

Mark or sign cited in opposition: Spanish word mark ‘ROSALIA’ for goods and services in Class 33.

Decision of the Opposition Division: Opposition rejected.

Decision of the Board of Appeal: Appeal allowed and opposition upheld.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Commission Regulation (EU) No 829/2010 of 20 September 2010 on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2010-09-20
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2010247EN.01004901.xml










21.9.2010   


EN


Official Journal of the European Union


L 247/49








            COMMISSION REGULATION (EU) No 829/2010
of 20 September 2010
         
on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


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,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of September 2010 for the subperiod from 1 October to 31 December 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 October to 31 December 2010 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 21 September 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2010-31.12.2010
(%)




P1


09.4067


2,100854 




P3


09.4069


0,589982
Commission Regulation (EU) No 830/2010 of 20 September 2010 on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2010-09-20
Institutions: European Commission
Subjects: egg, egg product, import licence, tariff quota








L_2010247EN.01005101.xml










21.9.2010   


EN


Official Journal of the European Union


L 247/51








            COMMISSION REGULATION (EU) No 830/2010
of 20 September 2010
         
on the issue of import licences for applications lodged during the first seven days of September 2010 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


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,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of September 2010 for the subperiod from 1 October to 31 December 2010 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 October to 31 December 2010 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 21 September 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.10.2010-31.12.2010
(%)




E2


09.4401


25,714205