do-me/EUR-LEX huggingface dataset:
Case T-425/10: Action brought on 21 September 2010 — Häfele v OHIM (Mixfront)
Date: 2010-09-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010317EN.01003701.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/37





Action brought on 21 September 2010 — Häfele v OHIM (Mixfront)
(Case T-425/10)
()
2010/C 317/67
Language in which the application was lodged: German

Parties


Applicant: Häfele GmbH & Co. KG (Nagold, Germany) (represented by M. Eck and J. Dönch, lawyers)

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 30 June 2010 in Case R 338/2010-1;










—


order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Word mark ‘Mixfront’ for goods in Classes 6 and 20.

Decision of the Examiner: Application refused.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b), (c) and (d) of Regulation (EC) No 207/2009, (1) as the Community trade mark concerned is distinctive, is not descriptive and is not a name that has become customary.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Euro exchange rates
Date: 2010-09-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2010253EN.01000101.xml










21.9.2010   


EN


Official Journal of the European Union


C 253/1





Euro exchange rates (1)

20 September 2010
2010/C 253/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3074




JPY


Japanese yen


112,07




DKK


Danish krone


7,4474




GBP


Pound sterling


0,83830




SEK


Swedish krona


9,1780




CHF


Swiss franc


1,3160




ISK


Iceland króna


 




NOK


Norwegian krone


7,9540




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,675




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


281,25




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7091




PLN


Polish zloty


3,9483




RON


Romanian leu


4,2640




TRY


Turkish lira


1,9562




AUD


Australian dollar


1,3826




CAD


Canadian dollar


1,3487




HKD


Hong Kong dollar


10,1527




NZD


New Zealand dollar


1,7937




SGD


Singapore dollar


1,7434




KRW


South Korean won


1 518,87




ZAR


South African rand


9,3300




CNY


Chinese yuan renminbi


8,7783




HRK


Croatian kuna


7,2843




IDR


Indonesian rupiah


11 737,59




MYR


Malaysian ringgit


4,0569




PHP


Philippine peso


57,576




RUB


Russian rouble


40,5500




THB


Thai baht


40,203




BRL


Brazilian real


2,2406




MXN


Mexican peso


16,7020




INR


Indian rupee


59,7650






(1)  Source: reference exchange rate published by the ECB.
Planned closure of complaint CHAP 2010/19
Date: 2010-09-21
Institutions: European Commission
Subjects: Italy, complaint to the Commission, national implementing measure, physician, recognition of vocational training qualifications, scientific profession








C_2010253EN.01000501.xml










21.9.2010   


EN


Official Journal of the European Union


C 253/5





Planned closure of complaint CHAP 2010/19
2010/C 253/03
The Commission's services have completed their investigation of complaint CHAP 2010/19 regarding the remuneration of persons who do not hold a basic medical qualification but who have, in Italy, access to specialist training in the six fields of clinical biochemistry, microbiology and virology, clinical pathology, medical genetics, food science and medical pharmacology.
Following examination of the complaint and of the documentation submitted by the complainants in the light of the applicable Community law, the Commission services have concluded that it is not possible, at this stage, to identify an infringement of Directive 2005/36/EC in the case in question.
Since Directive 93/16/EEC applies only to doctors, the obligation for Member States to ensure that trainee specialist doctors must receive appropriate remuneration applies only to persons having completed basic medical training. This obligation arises specifically from Directive 82/76/EEC which amended Directive 75/363/EEC; both directives were consolidated by Directive 93/16/EEC, which was in turn repealed by Directive 2005/36/EC. Doctors having completed basic medical training must receive appropriate remuneration under Article 25(3) of Directive 2005/36/EC.
The deadline for transposing Directive 82/76/EEC was 1 January 1983. In its judgment of 7 July 1987, the Court of Justice of the European Communities acknowledged that Italy had failed to comply with its obligations by not transposing Directive 82/76/EEC within the deadline laid down. Italy transposed the directive through legislative decree No 257/91, which was adopted in 1991 and entered into force on 1 September 1991.
The fact that Italy allows persons having completed certain types of scientific training other than basic medical training to undergo specialist medical training does not in any way alter the Member States’ obligation to guarantee appropriate remuneration to all doctors in specialist medical training.
Consequently, the Commission services will close the registered complaint unless new information indicating the existence of an infringement is introduced within four weeks of publication of this notice.
Case C-460/10 P: Appeal brought on 21 September 2010 by Luigi Marcuccio against the order of the General Court (Sixth Chamber) of 6 July 2010 in Case T-401/09 Marcuccio v Court of Justice
Date: 2010-09-21
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, action for annulment (EU), allowances and expenses, indemnification, judicial proceedings








C_2010328EN.01001603.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/16





Appeal brought on 21 September 2010 by Luigi Marcuccio against the order of the General Court (Sixth Chamber) of 6 July 2010 in Case T-401/09 Marcuccio v Court of Justice
(Case C-460/10 P)
()
2010/C 328/31
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (represented by: G. Cipressa, lawyer)

Other party to the proceedings: Court of Justice of the European Union

Form of order sought

The appellant claims that the Court should:






—


set aside in its entirety and without exception the order of 6 July 2010 of the General Court (Sixth Chamber) in Case T-401/09 Marcuccio v Court of Justice.










—


declare that the action at first instance, in relation to which the order under appeal was made, was admissible in its entirety and without exception;










—


allow in its entirety and without any exception whatsoever the relief sought at first instance and order the defendant at first instance to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to all proceedings, including the present appeal proceedings;










—


in the alternative, refer the case back to the court at first instance, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The order under appeal is unlawful, on the following grounds, inter alia: (a) incorrect and unreasonable interpretation and application of the principle of law relating to Aquilian liability and illogical and unreasoned failure to have regard to the relevant case-law of the European Union; (b) total failure to state reasons, manifest error of assessment, distortion of facts, incomplete and incorrect assessment of the evidence adduced by the appellant, infringement of the the obligation of clare loqui and irrelevant, self-evident, arbitrary, illogical, irrational and unreasonable reasoning; (c) failure to rule on fundamental aspects of the case and total absence of preliminary enquiries; (d) failure to comply with the duty on the part of the court to base its rulings, including in relation to its assessment of the evidence, on the concepts of common knowledge, experience and feeling; (e) incorrect and unreasonable interpretation and application of the rules of law relating to the burden of proof.
Case T-546/08: Judgment of the General Court of 21 September 2010 — Villa Almè v OHIM — Marqués de Murrieta (i GAI) (Community trade mark — Opposition proceedings — Application for Community figurative mark iGAI — National word mark YGAY and Community figurative and word marks MARQUÉS DE MURRIETA YGAY — Relative grounds for refusal — Genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
Date: 2010-09-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, domestic market, trade-mark law, viticulture, wine








C_2010301EN.01002801.xml










6.11.2010   


EN


Official Journal of the European Union


C 301/28





Judgment of the General Court of 21 September 2010 — Villa Almè v OHIM — Marqués de Murrieta (i GAI)
(Case T-546/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark iGAI - National word mark YGAY and Community figurative and word marks MARQUÉS DE MURRIETA YGAY - Relative grounds for refusal - Genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009))
2010/C 301/46
Language of the case: Italian

Parties


Applicant: Villa Almè Azienda vitivinicola di Vizzotto Giuseppe (Mansuè, Italy) (represented by: G. Massa and P. Massa, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and A. Sempio, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Marqués de Murrieta, SA (Logroño, Spain) (represented by P. López Ronda and G. Macias Bonilla, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 24 September 2008 (Case R 1695/2007-1), relating to opposition proceedings between Bodegas Marqués de Murrieta, SA and Villa Almè Azienda vitivinicola di Vizzotto Giuseppe.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Villa Almè Azienda vitivinicola di Vizzotto Giuseppe to pay the costs.






(1)  OJ C 44, 21.2.2009.