do-me/EUR-LEX huggingface dataset:
Case T-510/18: Judgment of the General Court of 23 September 2020 — Kaddour v Council (Common foreign and security policy — Restrictive measures adopted against Syria — Freezing of funds — Error of assessment — Right to property — Proportionality — Damage to reputation — Determination of listing criteria)
Date: 2010-09-23
Institutions: General Court
Subjects: EU restrictive measure, Syria, economic sanctions, international sanctions, natural person, ownership, principle of proportionality








C_2020399EN.01003001.xml










23.11.2020   


EN


Official Journal of the European Union


C 399/30






Judgment of the General Court of 23 September 2020 — Kaddour v Council
(Case T-510/18) (1)

(Common foreign and security policy - Restrictive measures adopted against Syria - Freezing of funds - Error of assessment - Right to property - Proportionality - Damage to reputation - Determination of listing criteria)
(2020/C 399/42)
Language of the case: English

Parties


Applicant: Khaled Kaddour (Damascus, Syria) (represented by: V. Davies and V. Wilkinson, Solicitors, R. Blakeley, Barrister, and M. Lester QC)

Defendant: Council of the European Union (represented by: V. Piessevaux and T. Haas, acting as Agents)

Re:

Application pursuant to Article 263 TFEU seeking annulment of Council Decision (CFSP) 2018/778 of 28 May 2018 amending Decision 2013/255/CFSP concerning restrictive measures against Syria (OJ 2018 L 131, p. 16) and of Council Implementing Regulation (EU) 2018/774 of 28 May 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ 2018 L 131, p. 1), in so far as those measures apply to the applicant.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Mr Khaled Kaddour to bear his own costs and to pay those incurred by the Council of the European Union.






(1)  OJ C 373, 15.10.2018.
Case T-448/10: Action brought on 23 September 2010 — Apple v OHMI — Iphone Media (IPH IPHONE)
Date: 2010-09-23
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, telephone








C_2010328EN.01003603.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/36





Action brought on 23 September 2010 — Apple v OHMI — Iphone Media (IPH IPHONE)
(Case T-448/10)
()
2010/C 328/63
Language in which the application was lodged: English

Parties


Applicant: Apple, Inc. (Cupertino, USA) (represented by: M. Engelman, barrister and J. Olsen, solicitor)

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

Other party to the proceedings before the Board of Appeal: Iphone Media, SA (Seville, Spain)

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 21 July 2010 in case R 1084/2009-4;










—


Uphold the applicant’s opposition;










—


In the alternative, then applicant requests that its opposition be upheld in respect of such goods and services for which it is found that a likelihood of confusion exists and/or for such goods and services where it is determined there exists a risk of the Application Mark taking unfair advantage of, or being detrimental to, the distinctive character or repute of the applicant’s mark;










—


Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings





Pleas in law and main arguments


Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘IPH IPHONE’, for goods and services in classes 16, 35, 38, 41 and 42 — Community trade mark application No 5562822

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

Mark or sign cited: Community trade mark registration No 2901007 of the word mark ‘IPHONE’, for goods and services in classes 9, 38 and 42

Decision of the Opposition Division: Upheld the opposition partially

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Articles 8(1)(b) and 8(5) of Council Regulation (EC) No 207/2009, as the Board of Appeal misapplied the provisions of these articles to the contested trade mark.
Notice of open competitions
Date: 2010-09-23
Institutions: European Personnel Selection Office
Subjects: EPSO, European official, administrative competition, invitation to tender








C_2010256EN.01000501.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/5





NOTICE OF OPEN COMPETITIONS
2010/C 256/05
The European Personnel Selection Office (EPSO) is organising the following open competitions:

EPSO/AD/198/10 (AD 9) and EPSO/AD/199/10 (AD 12)


HEADS OF UNIT WITH ROMANIAN CITIZENSHIP (RO)

in the following fields:






1.



Law











2.



Economy











3.



European public administration





The competition notice is published in Official Journal C 256 A of 23 September 2010
 in Romanian only.
Further details can be found on the EPSO website: http://eu-careers.eu
Commission Regulation (EU) No 843/2010 of 23 September 2010 fixing the minimum selling price for skimmed milk powder for the seventh individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2010-09-23
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2010250EN.01002201.xml










24.9.2010   


EN


Official Journal of the European Union


L 250/22








            COMMISSION REGULATION (EU) No 843/2010
of 23 September 2010
         
fixing the minimum selling price for skimmed milk powder for the seventh 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 seventh 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 seventh 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 21 September 2010, the minimum selling price for skimmed milk powder shall be EUR 214,00/100 kg.


Article 2
This Regulation shall enter into force on 24 September 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 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.
Case F-51/07 RENV: Order of the Civil Service Tribunal of 23 September 2010 — Bui Van v Commission
Date: 2010-09-23
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, equal treatment, personnel administration, professional career, regulations for civil servants








C_2010346EN.01006002.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/60





Order of the Civil Service Tribunal of 23 September 2010 — Bui Van v Commission
(Case F-51/07 RENV) (1)

()
2010/C 346/120
Language of the case: French
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 170, 21.7.2007, p. 43.
Commission Regulation (EU) No 845/2010 of 23 September 2010 establishing a prohibition of fishing for bluefin tuna in Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Portugal
Date: 2010-09-23
Institutions: European Commission
Subjects: Atlantic Ocean, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fishing, ship's flag








L_2010251EN.01000101.xml










25.9.2010   


EN


Official Journal of the European Union


L 251/1








            COMMISSION REGULATION (EU) No 845/2010
of 23 September 2010
         
establishing a prohibition of fishing for bluefin tuna in Atlantic Ocean, east of 45° W, and Mediterranean by vessels flying the flag of Portugal


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 53/2010 of 14 January 2010 fixing for 2010 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in waters where catch limitations are required (2), lays down quotas for 2010.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2010.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2010 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

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, 23 September 2010.


For the Commission, On behalf of the President,

Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 21, 26.1.2010, p. 1.




ANNEX






No


27/T&Q




Member State


Portugal




Stock


BFT/AE045W




Species


Bluefin tuna (Thunnus thynnus)




Zone


Atlantic Ocean, east of 45° W, and Mediterranean




Date


23.7.2010
Case F-83/10: Action brought on 23 September 2010 — Giannakouris v Commission
Date: 2010-09-23
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, indemnification, school fees








C_2011013EN.01003803.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/38





Action brought on 23 September 2010 — Giannakouris v Commission
(Case F-83/10)
()
2011/C 13/75
Language of the case: Greek

Parties


Applicant: Konstantinos Giannakouris (Roodt-sur-Syre, Luxembourg) (represented by: V. Christianos, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the Commission whereby the education allowance granted to the applicant was reduced on the basis that his daughter receives financial assistance from a Member State by way of a grant and a loan.

Form of order sought







—


First, annul the decision to reduce the ‘education allowance’ paid to the applicant, as evidenced from the pay slip for February 2010, and annul that pay slip in so far as it reduces the ‘education allowance’ in part; second, annul the decision of the Commission of 26 February 2010, relating to the reduction of the ‘education allowance’ paid to the applicant and the deduction of EUR 770,85 from that allowance, the deduction appearing on the pay slip for March 2010; third, annul the pay slip for March 2010 reducing the ‘education allowance’ paid to the applicant and containing a retroactive deduction of EUR 770,85; fourth, annul the pay slips from April to August 2010, in so far as they contain a reduction in part of the ‘education allowance’; and fifth, annul the decision of the Commission of 9 July 2010 expressly rejecting the complaint;










—


reimburse the applicant, with interest, the sums withheld from him;










—


order the European Commission to pay the costs.
Case C-24/10: Judgment of the Court (Sixth Chamber) of 23 September 2010 — European Commission v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 2006/46/EC — Company law — Annual accounts and consolidated accounts of companies — Failure to transpose within the prescribed period)
Date: 2010-09-23
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, bank, corporate governance, financial institution, insurance company, management accounting, national implementing measure, publication of accounts








C_2010317EN.01001201.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/12





Judgment of the Court (Sixth Chamber) of 23 September 2010 — European Commission v Hellenic Republic
(Case C-24/10) (1)

(Failure of a Member State to fulfil its obligations - Directive 2006/46/EC - Company law - Annual accounts and consolidated accounts of companies - Failure to transpose within the prescribed period)
2010/C 317/22
Language of the case: Greek

Parties


Applicant: European Commission (represented by: M. Karanasou Apostolopoulou and G. Braun, acting as Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings (OJ 2006 L 224, p. 1)

Operative part of the judgment

The Court:






1.


Declares that by not adopting within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings, the Hellenic Republic has failed to fulfil its obligations under that directive;










2.


Orders the Hellenic Republic to pay the costs.






(1)  OJ C 63, 13.03.2010.
Case T-448/10: Order of the General Court of 14 November 2011 — Apple v OHIM — Iphone Media (IPH IPHONE) (Community trade mark — Partial refusal of registration — Withdrawal of the application for registration — No need to adjudicate)
Date: 2010-09-23
Institutions: General Court
Subjects: EU trade mark, electronics industry, registered trade mark, trade-mark law








C_2012013EN.01001403.xml










14.1.2012   


EN


Official Journal of the European Union


C 13/14





Order of the General Court of 14 November 2011 — Apple v OHIM — Iphone Media (IPH IPHONE)
(Case T-448/10) (1)

(Community trade mark - Partial refusal of registration - Withdrawal of the application for registration - No need to adjudicate)
2012/C 13/30
Language of the case: English

Parties


Applicant: Apple Inc. (California, United States) (represented by: M. Engelman, Barrister and J. Olsen, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Iphone Media SA (Seville, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 July 2010 (Case R 1084/2009-4) relating to opposition proceedings between Apple Inc and Iphone Media SA.

Operative part of the order







1.


There is no need to adjudicate on the action.










2.


The applicant shall bear its own costs and pay those incurred by the defendant.






(1)  OJ C 328, 4.12.2010.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections  Text with EEA relevance
Date: 2010-09-23
Institutions: European Commission
Subjects: France, State aid, control of State aid, postal and telecommunications services








C_2010256EN.01000101.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/1





Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty
Cases where the Commission raises no objections
(Text with EEA relevance)
2010/C 256/01






Date of adoption of the decision


30.9.2009




Reference number of State Aid


N 331/08




Member State


France




Region


Département des Hauts-de-Seine




Title (and/or name of the beneficiary)


Compensation de charges pour une délégation de service publique (DSP) pour l'établissement et l'exploitation d'un réseau de communications électroniques à très haut débit dans le département des Hauts-de-Seine.




Legal basis


Code général des collectivités territoriales (Article L. 1425-1).




Type of measure


Aid scheme




Objective


Sectoral development




Form of aid


Direct grant




Budget


Overall budget: EUR 59 million




Intensity


—




Duration (period)


10.10.2009-10.10.2015




Economic sectors


Post and telecommunications




Name and address of the granting authority


Département des Hauts-de-Seine




Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Euro exchange rates
Date: 2010-09-23
Institutions: European Commission
Subjects: euro, exchange rate








C_2010256EN.01000301.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/3





Euro exchange rates (1)

22 September 2010
2010/C 256/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3364




JPY


Japanese yen


113,14




DKK


Danish krone


7,4499




GBP


Pound sterling


0,85530




SEK


Swedish krona


9,1276




CHF


Swiss franc


1,3217




ISK


Iceland króna


 




NOK


Norwegian krone


7,8965




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,578




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


279,65




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7095




PLN


Polish zloty


3,9415




RON


Romanian leu


4,2590




TRY


Turkish lira


1,9849




AUD


Australian dollar


1,3983




CAD


Canadian dollar


1,3678




HKD


Hong Kong dollar


10,3714




NZD


New Zealand dollar


1,8122




SGD


Singapore dollar


1,7717




KRW


South Korean won


1 537,58




ZAR


South African rand


9,3793




CNY


Chinese yuan renminbi


8,9644




HRK


Croatian kuna


7,2840




IDR


Indonesian rupiah


11 956,81




MYR


Malaysian ringgit


4,1308




PHP


Philippine peso


58,611




RUB


Russian rouble


41,4560




THB


Thai baht


40,955




BRL


Brazilian real


2,2798




MXN


Mexican peso


16,9589




INR


Indian rupee


60,9330






(1)  Source: reference exchange rate published by the ECB.
New national side of euro coins intended for circulation
Date: 2010-09-23
Institutions: European Commission
Subjects: Finland, commemoration, euro, issuing of currency, technical specification








C_2010256EN.01000401.xml










23.9.2010   


EN


Official Journal of the European Union


C 256/4





New national side of euro coins intended for circulation
2010/C 256/04




National side of the new commemorative 2-euro coin intended for circulation and issued by Finland

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: Finland
Subject of commemoration: Currency Decree of 1860 granting Finland the right to issue banknotes and coins
Description of the design: The design shows on the left side a stylised lion figure from the coat of arms of Finland and the year ‘2010’. On the right side, the mintmark and a set of numbers symbolising coin values. At the bottom, the indication of the issuing country reference ‘FI’.
The coin’s outer ring depicts the 12 stars of the European flag.
Number of coins to be issued: 1,6 million
Date of issue: October 2010


(1)  See OJ C 373, 28.12.2001, p. 1 for the national faces of all the coins issued in 2002.

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).