do-me/EUR-LEX huggingface dataset:
Case C-525/09: Order of the President of the Sixth Chamber of the Court of 28 September 2010 — European Commission v Portuguese Republic
Date: 2010-09-28
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, environmental impact, mining extraction, prevention of pollution, public awareness campaign, public health, waste management








C_2011080EN.01001702.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/17





Order of the President of the Sixth Chamber of the Court of 28 September 2010 — European Commission v Portuguese Republic
(Case C-525/09) (1)

2011/C 80/33
Language of the case: Portuguese
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 51, 27.2.2010.
Corrigendum to the notice of open competitions EPSO/AD/178-179/10 ( OJ C 110 A, 29.4.2010 )
Date: 2010-09-28
Institutions: European Personnel Selection Office
Subjects: EPSO, administrative competition, competition (EU), documentation, invitation to tender








CA2010261EN.01000101.xml










28.9.2010   


EN


Official Journal of the European Union


CA 261/1





Corrigendum to the notice of open competitions EPSO/AD/178-179/10

(
Official Journal of the European Union C 110 A of 29 April 2010
)

(2010/C 261 A/01)
On page 5, section VI, point 1:
for:














‘1.



Invitation to the assessment centre:






You will be invited to attend an assessment centre session, which will normally be held in Brussels over the course of a day, if:






—


you are one of the candidates with the highest marks in the admission tests (4) (if such tests were held, see IV) and at least the pass marks;

and











—


the information given in your on-line application shows that you fulfil the general and specific conditions listed in section III;

and











—


you obtained one of the highest marks in the selection based on qualifications.’,









read:














‘1.



Invitation to the assessment centre:






If






—


you are one of the candidates with the highest marks in the admission tests (4) (if such tests were held, see IV) and at least the pass marks,

and











—


the information given in your on-line application shows that you fulfil the general and specific conditions listed in section III,

and











—


you obtained one of the highest marks in the selection based on qualifications,




you will be invited






—


to take part in the case study in the chosen field, which will normally be held in Brussels over the course of half a day,

and











—


to take part in the other elements at the assessment centre, which will normally be held in Brussels over the course of a day.’
Case T-201/08: Judgment of the General Court of 28 September 2010 — Market Watch v OHIM — Ares Trading SA (Seroslim) (Community trade mark — Opposition proceedings — Application for the Community word mark Seroslim — Earlier Community word mark SEROSTIM — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-09-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, toiletries, trade-mark law








C_2010317EN.01002701.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/27





Judgment of the General Court of 28 September 2010 — Market Watch v OHIM — Ares Trading SA (Seroslim)
(Case T-201/08) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark Seroslim - Earlier Community word mark SEROSTIM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 317/47
Language of the case: English

Parties


Applicant: Market Watch Franchise & Consulting, Inc. (Freeport, Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Ares Trading SA (Aubonne, Switzerland) (represented by: M. De Justo Bailey and M. De Justo Vazquez, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 6 March 2008 (Case R 805/2007-2) relating to opposition proceedings between Ares Trading SA and Market Watch Franchise & Consulting, Inc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Market Watch Franchise & Consulting, Inc. to pay the costs.






(1)  OJ C 197, 2.8.2008.
Calls for proposals under the 2011 and 2012 work programmes of the 7th Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2010-09-28
Institutions: European Commission
Subjects: EU programme, proposal (EU), research, technological change, technology








C_2010261EN.01000701.xml










28.9.2010   


EN


Official Journal of the European Union


C 261/7





Calls for proposals under the 2011 and 2012 work programmes of the 7th Framework Programme for Research, Technological Development and Demonstration Activities
2010/C 261/05
Notice is hereby given of the launch of calls for proposals under the 2011 and 2012 Cooperation work programme of the Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following calls. Call deadlines and budgets are given in the call texts, which are published on the relevant European Commission website.

Cooperation Specific Programme:







Theme


Call Identifier




Information and Communication Technologies


FP7-2011-ICT-7




FP7-ICT-2011-EU-BRASIL




These calls for proposals relate to the work programme adopted by Commission Decision C(2010) 4900 of 19 July 2010.
Information on the modalities of the calls, the work programme, and the guidance for applicants on how to submit proposals is available through the relevant European Commission website.
Case T-247/08: Judgment of the General Court of 28 September 2010 — C-Content v Commission (Non-contractual liability — Public service contracts — Community tendering procedures — Electronic publication services — Irregularities and infringements of Community law allegedly committed by the Publications Office — Limitation periods — Causal link)
Date: 2010-09-28
Institutions: General Court
Subjects: EU publication, action for annulment (EU), award of contract, electronic document, invitation to tender, provision of services








C_2010317EN.01002702.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/27





Judgment of the General Court of 28 September 2010 — C-Content v Commission
(Case T-247/08) (1)

(Non-contractual liability - Public service contracts - Community tendering procedures - Electronic publication services - Irregularities and infringements of Community law allegedly committed by the Publications Office - Limitation periods - Causal link)
2010/C 317/48
Language of the case: English

Parties


Applicant: C-Content BV (’s-Hertogenbosch, Netherlands) (represented by: M. Meulenbelt, lawyer)

Defendant: European Commission (represented by: initially by E. Manhaeve and N. Bambara, acting as Agents, assisted by O. Soudry, adviser, and A. Nucara, lawyer, and subsequently by E. Manhaeve and N. Bambara, assisted by O. Soudry and E. Petritsi, lawyer)

Re:

Application for damages for the loss allegedly suffered by the applicant as a consequence of irregularities and infringements of Community law committed by the Office for Official Publications of the European Communities in connection with a number of Community tender procedures for electronic publication services.

Operative part of the judgment

The Court:






1.


Dismisses the action as in part inadmissible and in part unfounded;










2.


Orders C-Content BV to pay the costs.






(1)  OJ C 209, 15.8.2008.
Case C-471/10: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Salzburg lodged on 28 September 2010 — Martin Wohl and Ildiko Veres v Magistrat der Stadt Salzburg, Other party: Finanzamt Salzburg-Stadt
Date: 2010-09-28
Institutions: Court of Justice
Subjects: Austria, Hungary, free movement of workers, interpretation of the law, labour law








C_2010328EN.01001902.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/19





Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Salzburg lodged on 28 September 2010 — Martin Wohl and Ildiko Veres v Magistrat der Stadt Salzburg, Other party: Finanzamt Salzburg-Stadt
(Case C-471/10)
()
2010/C 328/35
Language of the case: German

Referring court

Unabhängiger Verwaltungssenat Salzburg

Parties to the main proceedings


Applicants: Martin Wohl and Ildiko Veres

Defendant: Magistrat der Stadt Salzburg

Other party: Finanzamt Salzburg-Stadt

Question referred

Is Annex X of the list referred to in Article 24 of the Act of Accession of the Republic of Hungary to the European Union (1. Freedom of movement for persons) (1) to be interpreted as meaning that the leasing of workers from Hungary to Austria cannot be regarded as a posting of those workers and that national restrictions concerning the employment of Hungarian/Slovakian workers in Austria apply equally, in Austria, in respect of Hungarian/Slovak workers (regularly employed in Hungary) leased by Hungarian undertakings?


(1)  OJ 2003 L 236, p. 846.
Case T-444/10: Action brought on 28 September 2010 — ESGE v OHIM — Kenwood Appliances Luxembourg (KMIX)
Date: 2010-09-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010317EN.01004401.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/44





Action brought on 28 September 2010 — ESGE v OHIM — Kenwood Appliances Luxembourg (KMIX)
(Case T-444/10)
()
2010/C 317/78
Language in which the application was lodged: German

Parties


Applicant: ESGE AG (Bussnang, Switzerland) (represented by: J. Klink, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Kenwood Appliances Luxembourg SA (Luxembourg, Luxembourg)

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 14 July 2010 in Case R 1249/2009-2;










—


Amend the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 14 July 2010 in Case R 1249/2009-2 so that the Opposition Division’s decision of 21 August 2008 in Case B 1252958 is annulled;










—


Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings, including the costs incurred in the course of the appeal procedure.





Pleas in law and main arguments


Applicant for a Community trade mark: Kenwood Appliances Luxembourg SA

Community trade mark concerned: the word mark ‘KMIX’ for goods in Classes 7 and 11

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

Mark or sign cited in opposition: the word mark ‘BAMIX’ for goods in Classes 7 and 40

Decision of the Opposition Division: rejection of the opposition

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1) as there is a 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).
Call for proposals under the 2011 work programme ‘People’ of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities
Date: 2010-09-28
Institutions: European Commission
Subjects: EU programme, proposal (EU), research, technological change, technology








C_2010261EN.01000601.xml










28.9.2010   


EN


Official Journal of the European Union


C 261/6





Call for proposals under the 2011 work programme ‘People’ of the 7th EC Framework Programme for Research, Technological Development and Demonstration Activities
2010/C 261/04
Notice is hereby given of the launch of a call for proposals under the 2011 work programme ‘People’ of the 7th Framework Programme of the European Community for Research, Technological Development and Demonstration Activities (2007 to 2013).
Proposals are invited for the following call. Call deadline and budget are given in the call text, which is published on the CORDIS website.

‘People’ Specific Programme:







Call Title


Call Identifier




Researchers’ Night


FP7-PEOPLE-2011-NIGHT





This call for proposals relates to the 2011 work programme adopted by Commission Decision C(2010) 4897 of 19 July 2010.

Information on the modalities of the call, the work programme, and the guide for applicants on how to submit proposals is available through the CORDIS website: http://cordis.europa.eu/fp7/calls/
Corrigendum to Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security ( OJ L 55, 5.3.2010 )
Date: 2010-09-28
Institutions: European Commission
Subjects: air safety, air transport, civil aviation, harmonisation of standards, safety standard, transport safety








L_2010253EN.01006101.xml










28.9.2010   


EN


Official Journal of the European Union


L 253/61







Corrigendum to Commission Regulation (EU) No 185/2010 of 4 March 2010 laying down detailed measures for the implementation of the common basic standards on aviation security
(
Official Journal of the European Union L 55 of 5 March 2010
)

On page 34, point 8.1.2 ‘Screening’:
for:







‘8.1.1.1


When screening in-flight supplies, the means or method employed shall take into consideration the nature of the supplies and shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the supplies.










8.1.1.2


The screening of in-flight supplies shall also be subject to the additional provisions laid down in a separate Commission Decision.’,





read:







‘8.1.2.1


When screening in-flight supplies, the means or method employed shall take into consideration the nature of the supplies and shall be of a standard sufficient to reasonably ensure that no prohibited articles are concealed in the supplies.










8.1.2.2


The screening of in-flight supplies shall also be subject to the additional provisions laid down in a separate Commission Decision.’.
Case F-89/10: Action brought on 28 September 2010 — Bovagnet v Commission
Date: 2010-09-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment, family benefit, indemnification, legal expenses








C_2010328EN.01006102.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/61





Action brought on 28 September 2010 — Bovagnet v Commission
(Case F-89/10)
()
2010/C 328/99
Language of the case: French

Parties


Applicant: François-Carlos Bovagnet (Luxembourg, Luxembourg) (represented by: M. Korving, lawyer)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the defendant’s decision not to reimburse fully the education costs in respect of the applicant’s children

Form of order sought







—


Uphold the applicant’s complaint and grant him full reimbursement of all the disputed invoices relating to the school year 2009/2010, namely, payment of the sum of EUR 2 580 by the PMO;










—


Order the Commission to pay the costs.
Case T-451/10: Action brought on 28 September 2010 — Fuchshuber Agrarhandel v Commission
Date: 2010-09-28
Institutions: General Court
Subjects: EC action to establish liability, European Commission, damage, indemnification








C_2010317EN.01004601.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/46





Action brought on 28 September 2010 — Fuchshuber Agrarhandel v Commission
(Case T-451/10)
()
2010/C 317/81
Language of the case: German

Parties


Applicant: Fuchshuber Agrarhandel GmbH (Hörsching, Austria) (represented by: G. Lehner, lawyer)

Defendant: European Commission

Form of order sought







—


conduct a hearing;










—


order the Commission of the European Communities to pay the applicant within 14 days the sum of EUR 2 623 282,31, together with interest of 6 % per annum on the sum of EUR 1 641 372,50 Euro from 24 September 2007 and interest of 6 % per annum on the sum of EUR 981 909,81 from 16 October 2007;










—


declare that the Commission of the European Communities is obliged to compensate the applicant for any further losses in connection with consignment KUK459 awarded on 3 September 2007 and consignment KUK465 awarded on 17 September 2007;










—


rule that the Commission of the European Communities is to pay to the applicant’s lawyer the applicant’s costs within 14 days.





Pleas in law and main arguments

The applicant seeks compensation for the loss which it states that it has incurred because certain quantities of the maize purchased by it in 2007 from the stocks of the Hungarian intervention agency in two tender procedures were missing from the relevant warehouses.
In the grounds of its application, the applicant submits inter alia that the Commission failed to exercise its supervisory powers over the Hungarian paying agency and also did not insist on observance of the Hungarian paying agency’s obligations. It further states that it would have suffered no loss if the Commission had, in law and in fact, laid down more stringent and more precise requirements and control mechanisms in relation to the warehouse keepers’ fitness and reliability, to the suitability of the storage locations, and to stock surveys in respect of, and the identification and storage of, the intervention goods.
Prior notification of a concentration (Case COMP/M.5960 — CA/Carispe)  Text with EEA relevance
Date: 2010-09-28
Institutions: European Commission
Subjects: bank, banking, economic concentration, exchange of information, financial institution, merger control








C_2010261EN.01000801.xml










28.9.2010   


EN


Official Journal of the European Union


C 261/8





Prior notification of a concentration
(Case COMP/M.5960 — CA/Carispe)
(Text with EEA relevance)
2010/C 261/06






1.


On 20 September 2010, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Crédit Agricole SA (France), undertaking at the head of the French banking and financial services group Crédit Agricole, acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Cassa di Risparmio della Spezia SpA (Italy), an Italian bank which is currently indirectly controlled by Intesa SanPaolo SpA, and a network of 96 branches belonging to Intesa SanPaolo SpA or undertakings within the same group, by way of purchase of shares and purchase of assets.










2.


The business activities of the undertakings concerned are:






—


for undertaking Crédit Agricole SA: central body of a multinational banking and financial services group spanning 66 countries — the group is active in all segments of the banking and financial services markets, with services for consumers, undertakings and local authorities, and in life insurance,










—


for undertaking Cassa di Risparmio della Spezia SpA: a bank which, within its geographical sphere of activity, provides a full range of services relating to payment facilities, savings and lending to households and small and medium-sized enterprises,










—


for the branches belonging to Intesa SanPaolo SpA: retail banking branches within the Intesa SanPaolo SpA network engaged in the provision of banking, savings and lending services to consumers and to small and medium-sized enterprises.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5960 — CA/Carispe, 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’).
Case T-388/09: Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket) (Community trade mark — Application for Community figurative mark representing two curves on a pocket — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-09-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2010317EN.01003102.xml










20.11.2010   


EN


Official Journal of the European Union


C 317/31





Judgment of the General Court of 28 September 2010 — Rosenruist v OHIM (Representation of two curves on a pocket)
(Case T-388/09) (1)

(Community trade mark - Application for Community figurative mark representing two curves on a pocket - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
2010/C 317/57
Language of the case: English

Parties


Applicant: Rosenruist — Gestão e serviços, Lda (Funchal, Portugal) (represented by: S. Rizzo and S. González Malabia, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 237/2009-2) concerning an application for registration as a Community trade mark of a figurative sign representing two curves on a pocket.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Rosenruist — Gestão e serviços, Lda to pay the costs.






(1)  OJ C 282, 21.11.2009.