do-me/EUR-LEX huggingface dataset:
Commission Opinion of 18 October 2010 relating to the modified plan for the disposal of radioactive waste arising from the Georges Besse II enrichment facility, located at the Tricastin site in France, in accordance with Article 37 of the Euratom Treaty
Date: 2010-10-18
Institutions: European Commission
Subjects: France, environmental risk prevention, health risk, industrial building, project management, public health, radioactive effluent, radioactive pollution, waste management








C_2010282EN.01000201.xml










19.10.2010   


EN


Official Journal of the European Union


C 282/2





COMMISSION OPINION
of 18 October 2010
relating to the modified plan for the disposal of radioactive waste arising from the Georges Besse II enrichment facility, located at the Tricastin site in France, in accordance with Article 37 of the Euratom Treaty
(Only the French text is authentic)
2010/C 282/02
On 27 April 2010, the European Commission received from the French Government, in accordance with Article 37 of the Euratom Treaty, General Data relating to the modified plan for the disposal of radioactive waste arising from the Georges Besse II enrichment facility.
On the basis of these data and additional information requested by the Commission on 8 June 2010 and provided by the French authorities on 29 July 2010, and following consultation with the Group of Experts, the Commission has drawn up the following opinion:






1.


The distance between the facility and the nearest border with another Member State, in this case Italy, is approximately 175 km. The next nearest Member State is Spain, at a distance of approximately 250 km.










2.


The planned modifications concern an increase of the discharge limits for airborne radioactive effluents as well as an increase of the transfer limits for liquid radioactive effluents to onsite waste treatment plants.










3.


During normal operations, the planned modifications are not liable to affect the health of the population of another Member State.










4.


In the event of unplanned releases of radioactive effluents, which may follow an accident of the type and magnitude considered in the General Data, the doses received in another Member State will not be liable to affect the health of the population.




In conclusion, the Commission is of the opinion that the implementation of the modified plan for the disposal of radioactive waste in whatever form arising from the Georges Besse II enrichment facility, located at the Tricastin site in France, both in normal operation and in the event of an accident of the type and magnitude considered in the General Data, is not liable to result in the radioactive contamination of the water, soil or airspace of another Member State.

Done at Brussels, 18 October 2010.


For the Commission

Günther OETTINGER

Member of the Commission
Case T-498/10: Action brought on 18 October 2010 — Mayer Naman v OHIM — Daniel & Mayer (David Mayer)
Date: 2010-10-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010346EN.01005102.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/51





Action brought on 18 October 2010 — Mayer Naman v OHIM — Daniel & Mayer (David Mayer)
(Case T-498/10)
()
2010/C 346/101
Language in which the application was lodged: Italian

Parties


Applicant: David Mayer Naman (Rome, Italy) (represented by: S. Sutti, lawyer, S. Cazzaniga, lawyer, and V. Fedele, 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: Daniel & Mayer Srl (Milan, Italy)

Form of order sought

The applicant claims that the Court should:






—


vary the contested decision in its entirety;










—


order the defendant to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘David Mayer’ (registration application No 1518950), to designate inter alia goods in Classes 18 and 25

Proprietor of the Community trade mark: The applicant

Applicant for the declaration of invalidity: Daniel & Mayer Srl

Trade mark right of applicant for the declaration: Italian word mark ‘DANIEL & MAYER MADE IN ITALY’ (No 472351), to designate goods in Class 25, and the unregistered word mark ‘DANIEL & MAYER’, used in Italy in relation to the ‘manufacture and sale of garments and accessories’

Decision of the Cancellation Division: Application for a declaration of invalidity upheld in part

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Infringement and misapplication of Article 8 of Regulation No 207/2009
Case T-505/10: Action brought on 18 October 2010 — Höganäs v OHIM — Haynes (ASTALOY)
Date: 2010-10-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2010346EN.01005502.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/55





Action brought on 18 October 2010 — Höganäs v OHIM — Haynes (ASTALOY)
(Case T-505/10)
()
2010/C 346/108
Language in which the application was lodged: English

Parties


Applicant: Höganäs AB (Höganäs, Sweden) (represented by: L.-E. Ström, lawyer)

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

Other party to the proceedings before the Board of Appeal: Haynes International, Inc. (Kokomo, USA)

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 18 August 2010 in case R 1530/2009-4;










—


Reject the opposition decision No B 85624; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to bear the costs of the proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “ASTALOY”, for goods in class 6 — Community trade mark application No 3890233

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: Community trade mark registration No 55400 of the word mark “HASTELLOY”, for goods in class 6

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Articles 8 and 9 of Council Regulation (EC) No 207/2009, as the Board of Appeal erred in its assessment of likelihood of confusion as well as in its assessment of the similarity of the contested trade mark.
Commission Regulation (EU) No 931/2010 of 18 October 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-10-18
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2010273EN.01000701.xml










19.10.2010   


EN


Official Journal of the European Union


L 273/7








            COMMISSION REGULATION (EU) No 931/2010
of 18 October 2010
         
establishing the standard import values for determining the entry price of certain fruit and vegetables


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 1580/2007 of 21 December 2007 laying down implementing rules for Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (2), and in particular Article 138(1) thereof,

Whereas:

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XV, Part A thereto,

HAS ADOPTED THIS REGULATION:



Article 1
The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 are fixed in the Annex hereto.


Article 2
This Regulation shall enter into force on 19 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 October 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 350, 31.12.2007, p. 1.




ANNEX
Standard import values for determining the entry price of certain fruit and vegetables







(EUR/100 kg)




CN code


Third country code (1)



Standard import value




0702 00 00 


MA 


81,4 




MK 


68,6 




TR 


95,0 




XS 


68,6 




ZZ 


78,4 




0707 00 05 


MK 


77,8 




TR 


131,0 




ZZ 


104,4 




0709 90 70 


TR 


125,6 




ZZ 


125,6 




0805 50 10 


AR 


75,6 




BR 


100,4 




CL 


86,2 




IL 


91,2 




TR 


85,3 




UY 


117,2 




ZA 


107,6 




ZZ 


94,8 




0806 10 10 


BR 


213,4 




TR 


138,1 




US 


149,0 




ZA 


64,2 




ZZ 


141,2 




0808 10 80 


AR 


75,7 




BR 


51,1 




CL 


76,2 




CN 


82,6 




NZ 


102,5 




US 


82,4 




ZA 


82,5 




ZZ 


79,0 




0808 20 50 


CN 


67,2 




ZA 


88,6 




ZZ 


77,9 






(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
            ZZ
            ’ stands for ‘of other origin’.
Case F-102/10: Action brought on 18 October 2010 — Geradon v Council
Date: 2010-10-18
Institutions: Civil Service Tribunal
Subjects: European official, action for annulment, pay, pension scheme








C_2011030EN.01006401.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/64





Action brought on 18 October 2010 — Geradon v Council
(Case F-102/10)
()
2011/C 30/125
Language of the case: French

Parties


Applicant: Félix Geradon (Sint Pieters Leeuw, Belgium) (represented by: A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Council of the European Union

Subject-matter and description of the proceedings

Annulment of the applicant’s salary adjustment slip for the period from July to December 2009 and the salary slips issued since 1 January 2010 within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Form of order sought







—


Annul the Council’s decision of 5 July 2010 rejecting the applicant’s complaint regarding the salary adjustment slip for the period from July to December 2009 and his salary slips issued since 1 January 2010;










—


Annul, where necessary, the Council’s decisions on the issue of salary adjustment slips for the period from July to December 2009 and of salary slips since 1 January 2010;










—


Order the Council to pay the applicant arrears of remuneration plus default interest;










—


Order the Council to pay the costs.
Case C-497/10: Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 18 October 2010 — Barbara Mercredi v Richard Chaffe
Date: 2010-10-18
Institutions: Court of Justice
Subjects: interpretation of the law, judicial cooperation, jurisdiction, matrimonial law, parental responsibility








C_2010328EN.01002602.xml










4.12.2010   


EN


Official Journal of the European Union


C 328/26





Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) (United Kingdom) made on 18 October 2010 — Barbara Mercredi v Richard Chaffe
(Case C-497/10)
()
2010/C 328/45
Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings


Applicant: Barbara Mercredi

Defendants: Richard Chaffe

Questions referred







1.


Please clarify the appropriate test for determining the habitual residence of a child for the purpose of:






(a)


Article 8 of EC Regulation 2201/2003 (1)











(b)


Article 10 of EC Regulation 2201/2003














2.


Is a Court an ‘institution or other body’ to which rights of custody can be attributed for the purposes of the provisions of EC Regulation 2201/2003?










3.


Does Article 10 have a continuing application after the courts of the requested Member State have rejected an application for the return of the child under the 1980 Hague Abduction Convention on the basis that Articles 3 and 5 are not made out?
In particular, how should a conflict between a determination of the requested state that the requirements of Articles 3 and 5 of the 1980 Hague Abduction Convention are not met and a determination of the requesting state that the requirements of Articles 3 and 5 are met be resolved?






(1)  Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000
OJ L 338, p. 1
Commission Regulation (EU) No 930/2010 of 18 October 2010 entering a name in the register of traditional specialities guaranteed [Ovčí salašnícky údený syr (TSG)]
Date: 2010-10-18
Institutions: European Commission
Subjects: Slovakia, agricultural production, brand name, cheese, farming sector, foodstuff, product designation








L_2010273EN.01000501.xml










19.10.2010   


EN


Official Journal of the European Union


L 273/5








            COMMISSION REGULATION (EU) No 930/2010
of 18 October 2010
         
entering a name in the register of traditional specialities guaranteed [Ovčí salašnícky údený syr (TSG)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 8(2) of Regulation (EC) No 509/2006, Slovakia’s application to register the name ‘Ovčí salašnícky údený syr’ was published in the Official Journal of the European Union (2).












(2)


As no objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register.












(3)


Protection as referred to in Article 13(2) of Regulation (EC) No 509/2006 has not been requested,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 20th 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, 18 October 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 1.

(2)  
            OJ C 305, 16.12.2009, p. 27.




ANNEX
Products listed in Annex I to the Treaty, intended for human consumption:

Class 1.3.   Cheeses

SLOVAKIA
Ovčí salašnícky údený syr (TSG)
Commission Regulation (EU) No 932/2010 of 18 October 2010 on the issue of import licences for applications lodged during the first seven days of October 2010 under tariff quotas opened by Regulation (EC) No 616/2007 for poultrymeat
Date: 2010-10-18
Institutions: European Commission
Subjects: Brazil, Thailand, import licence, originating product, poultrymeat, tariff quota, third country








L_2010273EN.01000901.xml










19.10.2010   


EN


Official Journal of the European Union


L 273/9








            COMMISSION REGULATION (EU) No 932/2010
of 18 October 2010
         
on the issue of import licences for applications lodged during the first seven days of October 2010 under tariff quotas opened by Regulation (EC) No 616/2007 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 616/2007 of 4 June 2007 opening and providing for the administration of Community tariff quotas for poultrymeat originating in Brazil, Thailand and other third countries (3), and in particular Article 5(5) thereof,

Whereas:







(1)


Regulation (EC) No 616/2007 opened tariff quotas for imports of products in the poultrymeat sector.












(2)


The applications for import licences lodged during the first seven days of October 2010 for the subperiod 1 January to 31 March 2011 relate, for some quotas, to quantities exceeding those available. The extent to which licences may be issued should therefore be determined and an allocation coefficient





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged pursuant to Regulation (EC) No 616/2007 for the subperiod 1 January to 31 March 2011 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 19 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 October 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 142, 5.6.2007, p. 3.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.1.2011-31.3.2011
(%)




1


09.4211


0,324859 




5


09.4215


0,321808 




6


09.4216


0,593588
Case T-502/10: Action brought on 18 October 2010 — Département du Gers v Commission
Date: 2010-10-18
Institutions: General Court
Subjects: European Commission, action for annulment, foodstuffs legislation, maize








C_2010346EN.01005401.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/54





Action brought on 18 October 2010 — Département du Gers v Commission
(Case T-502/10)
()
2010/C 346/105
Language of the case: French

Parties


Applicant: Département du Gers (Auch, France) (represented by: S. Mabile and J.-P. Mignard, lawyers)

Defendant: European Commission

Form of order sought







—


annul Decision 2010/428/EU of the European Commission of 28 July 2010 authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122x1507xNK603 (DAS-59122-7xDAS-Ø15Ø7xMON-ØØ6Ø3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council;










—


order the Commission to pay the costs.





Pleas in law and main arguments

The pleas in law and the main arguments raised by the applicant are identical or essentially the same as those raised in Case T-478/10 Département du Gers v Commission.
Case T-16/10: Order of the General Court of 18 October 2010 — Alisei v Commission
Date: 2010-10-18
Institutions: General Court
Subjects: EU aid, European Commission, action for annulment, aid system, disclosure of information, food price, invitation to tender








C_2010346EN.01005803.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/58





Order of the General Court of 18 October 2010 — Alisei v Commission
(Case T-16/10) (1)

()
2010/C 346/114
Language of the case: Italian
The President of the Sixth Chamber has ordered that the case be removed from the register.


(1)  OJ C 63, 13.3.2010.
Case T-515/09 P: Order of the General Court of 18 October 2010 — Marcuccio v Commission (Appeal — Civil service — Officials — Refusal of an institution to translate a decision — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2010-10-18
Institutions: General Court
Subjects: disclosure of information, professional career, promotion, regulations for civil servants, translation








C_2010346EN.01004103.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/41





Order of the General Court of 18 October 2010 — Marcuccio v Commission
(Case T-515/09 P) (1)

(Appeal - Civil service - Officials - Refusal of an institution to translate a decision - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2010/C 346/83
Language of the case: Italian

Parties


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

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 7 October 2009 in Case F-3/08 Marcuccio v Commission ECR SC-0000 seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the present proceedings.






(1)  OJ C 51, 27.2.2010.
Case T-516/09 P: Order of the General Court of 18 October 2010 — Marcuccio v Commission (Appeal — Civil service — Officials — Rejection of a request for investigation — Refusal of an institution to translate a decision — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2010-10-18
Institutions: General Court
Subjects: European Commission, duties of civil servants, indemnification, regulations for civil servants








C_2010346EN.01004201.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/42





Order of the General Court of 18 October 2010 — Marcuccio v Commission
(Case T-516/09 P) (1)

(Appeal - Civil service - Officials - Rejection of a request for investigation - Refusal of an institution to translate a decision - Appeal in part manifestly inadmissible and in part manifestly unfounded)
2010/C 346/84
Language of the case: Italian

Parties


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

Other party to the proceedings: European Commission (represented by: J. Currall and C. Berardis-Kayser, Agents, and A. Dal Ferro, lawyer)

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 7 October 2009 in Case F-122/07 Marcuccio v Commission ECR-SC 0000 seeking the annulment of that order.

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Luigi Marcuccio is ordered to bear his own costs and to pay the costs incurred by the European Commission in the present proceedings.






(1)  OJ C 51, 27.2.2010.