do-me/EUR-LEX huggingface dataset:
Case F-60/09: Judgment of the Civil Service Tribunal (Second Chamber) of 27 October 2010 — Birkhoff v Commission (Officials — Remuneration — Family allowances — Dependent child allowance — Child prevented by serious illness or invalidity from earning a livelihood — Application for extension of payment of the allowance — Article 2(5) of Annex VII to the Staff Regulations — Maximum income of the child as a condition for extending the payment of the allowance — Costs deductible from that income)
Date: 2010-10-27
Institutions: Civil Service Tribunal
Subjects: European official, action for annulment, care of people with disabilities, dependant, family benefit








C_2010346EN.01006001.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/60





Judgment of the Civil Service Tribunal (Second Chamber) of 27 October 2010 — Birkhoff v Commission
(Case F-60/09) (1)

(Officials - Remuneration - Family allowances - Dependent child allowance - Child prevented by serious illness or invalidity from earning a livelihood - Application for extension of payment of the allowance - Article 2(5) of Annex VII to the Staff Regulations - Maximum income of the child as a condition for extending the payment of the allowance - Costs deductible from that income)
2010/C 346/119
Language of the case: Italian

Parties


Applicant: Gerhard Birkhoff (Weitnau, Germany) (represented by: C. Inzillo, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents, assisted by A. Dal Ferro, lawyer)

Re:

Annulment of the decision rejecting the applicant’s request for an extension of the payment of the dependent child allowance under Article 2(5) of Annex VII to the Staff Regulations

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders Mr Birkhoff to pay the costs in their entirety.






(1)  OJ C 205, 29.8.2009, p. 50.
Notice concerning a request under Article 30 of Directive 2004/17/EC — Request from a contracting entity
Date: 2010-10-27
Institutions: European Commission
Subjects: Italy, award of contract, extraction of oil, mining extraction








C_2010290EN.01002001.xml










27.10.2010   


EN


Official Journal of the European Union


C 290/20





Notice concerning a request under Article 30 of Directive 2004/17/EC
Request from a contracting entity
2010/C 290/10
On 18 October 2010, the Commission received a request under Article 30(5) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1). The first working day following receipt of the request is 19 October 2010.
That request, from the Italian oil and mining industry association — Assomineraria, on behalf of the contracting entities in the sector, concerns exploration for and extraction of oil and gas in Italy. The abovementioned Article 30 provides that Directive 2004/17/EC is not applicable when the activity in question is directly exposed to competition in markets to which access is not restricted. These conditions are evaluated solely for the purposes of Directive 2004/17/EC and are without prejudice to the application of competition rules.
The Commission has a period of three months to take a decision on this request, starting on the working day referred to above. The period therefore ends on 19 January 2011.
This period may be extended by three months. Any such extension must be published.
In accordance with the second subparagraph of Article 30(6), further requests concerning exploration for and extraction of oil and gas in Italy submitted before the expiry of the period opened in respect of this request shall not be considered as new procedures and shall be treated in the context of this request.


(1)  OJ L 134, 30.4.2004, p. 1.
Case C-511/10: Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 27 October 2010 — Finanzamt Hildesheim v BLC Baumarkt GmbH & Co. KG
Date: 2010-10-27
Institutions: Court of Justice
Subjects: VAT, interpretation of the law, provision of services, urban construction








C_2011030EN.01001601.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/16





Reference for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 27 October 2010 — Finanzamt Hildesheim v BLC Baumarkt GmbH & Co. KG
(Case C-511/10)
()
2011/C 30/25
Language of the case: German

Referring court

Bundesfinanzhof

Parties to the main proceedings


Appellant: Finanzamt Hildesheim

Respondent: BLC Baumarkt GmbH & Co. KG

Question referred

Is the third subparagraph of Article 17(5) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes (1) to be interpreted as authorising the Member States to prescribe primarily an apportionment criterion other than the transaction formula for apportioning the input tax on the construction of a mixed-use building?


(1)  Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1).
Euro exchange rates
Date: 2010-10-27
Institutions: European Commission
Subjects: euro, exchange rate








C_2010290EN.01000901.xml










27.10.2010   


EN


Official Journal of the European Union


C 290/9





Euro exchange rates (1)

26 October 2010
2010/C 290/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3912




JPY


Japanese yen


113,11




DKK


Danish krone


7,4577




GBP


Pound sterling


0,87685




SEK


Swedish krona


9,3028




CHF


Swiss franc


1,3558




ISK


Iceland króna


 




NOK


Norwegian krone


8,1200




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,618




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


274,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7097




PLN


Polish zloty


3,9352




RON


Romanian leu


4,2750




TRY


Turkish lira


1,9785




AUD


Australian dollar


1,4108




CAD


Canadian dollar


1,4245




HKD


Hong Kong dollar


10,7925




NZD


New Zealand dollar


1,8549




SGD


Singapore dollar


1,8053




KRW


South Korean won


1 558,32




ZAR


South African rand


9,6340




CNY


Chinese yuan renminbi


9,2691




HRK


Croatian kuna


7,3423




IDR


Indonesian rupiah


12 410,75




MYR


Malaysian ringgit


4,3079




PHP


Philippine peso


60,064




RUB


Russian rouble


42,2875




THB


Thai baht


41,611




BRL


Brazilian real


2,3674




MXN


Mexican peso


17,2473




INR


Indian rupee


61,9850






(1)  Source: reference exchange rate published by the ECB.
Commission Regulation (EU) No 968/2010 of 27 October 2010 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2010-10-27
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit








L_2010282EN.01003401.xml










28.10.2010   


EN


Official Journal of the European Union


L 282/34








            COMMISSION REGULATION (EU) No 968/2010
of 27 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 28 October 2010.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 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 


79,4 




MK 


64,0 




XS 


73,2 




ZZ 


72,2 




0707 00 05 


TR 


140,5 




ZZ 


140,5 




0709 90 70 


TR 


130,3 




ZZ 


130,3 




0805 50 10 


AR 


68,3 




BR 


68,9 




CL 


74,1 




TR 


89,4 




UY 


61,0 




ZA 


70,0 




ZZ 


72,0 




0806 10 10 


BR 


210,3 




TR 


131,5 




US 


155,2 




ZA 


64,2 




ZZ 


140,3 




0808 10 80 


AR 


77,5 




CL 


110,6 




CN 


89,6 




NZ 


101,1 




ZA 


75,9 




ZZ 


90,9 




0808 20 50 


CN 


67,5 




ZZ 


67,5 






(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 C-519/10: Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 — Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi
Date: 2010-10-27
Institutions: Court of Justice
Subjects: Italy, delivery, distillation, fine, interpretation of the law








C_2011013EN.01002103.xml










15.1.2011   


EN


Official Journal of the European Union


C 13/21





Reference for a preliminary ruling from the Tribunale di Bari (Italy) lodged on 27 October 2010 — Giovanni Colapietro v Ispettorato Centrale Repressioni Frodi
(Case C-519/10)
()
2011/C 13/40
Language of the case: Italian

Referring court

Tribunale di Bari

Parties to the main proceedings


Applicant: Giovanni Colapietro

Defendant: Ispettorato Centrale Repressioni Frodi

Questions referred







1.


What is the scope of Regulation (EEC) No 822/87, (1) that is to say, its spatial and temporal application, and the purpose thereof as regards penalties, with respect to the 1993/94 wine year, the period to which the case at issue relates?










2.


Is it true that Article 39 of Regulation (EEC) No 822/87 was implemented, in respect of the 1993/94 wine year, by Regulation (EEC) No 343/94 (2) of 15 February 1994 and replaced with that regulation?










3.


Is the application of the fine of LIT 390 250 000 (now EUR 201 547,30 — two hundred and one thousand five hundred and forty seven point 30 euros) for failure to deliver for compulsory distillation — in respect of the 1993/94 wine year — 7 084,87 hl of table wine, that volume having been calculated by applying the compulsory distillation quota to the lees produced (15 155 hl) (the yield being 126 hl/ha and the compulsory distillation quota being 51.5 %, in accordance with Regulation (EEC) No 610/94) (3) disproportionate in effect to the offences and in breach of the principle of fair punishment, which has been set out many times by the Court of Justice?






(1)  OJ 1987 L 84, p. 1.

(2)  OJ 1987 L 44, p. 9.

(3)  OJ 1994 L 77, p. 12.
Case T-365/09: Judgment of the General Court of 27 October 2010 — Michalakopoulou Ktimatiki Touristiki v OHIM — Free (FREE) (Community trade mark — Opposition proceedings — Application for the Community word mark FREE — Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-10-27
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), book trade, pulp and paper industry, trade-mark law








C_2010346EN.01004101.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/41





Judgment of the General Court of 27 October 2010 — Michalakopoulou Ktimatiki Touristiki v OHIM — Free (FREE)
(Case T-365/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark FREE - Earlier national word mark FREE and earlier national figurative mark free LA LIBERTÉ N’A PAS DE PRIX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2010/C 346/81
Language of the case: English

Parties


Applicant: Michalakopoulou Ktimatiki Touristiki AE (Athens, Greece) (represented by: K. Papadiamantis and A. Koliothomas, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Free SAS (Paris, France) (represented by: Y. Coursin, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 1346/2008-1) relating to opposition proceedings between Free SAS and Eidikes Ekdoseis AE

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Michalakopoulou Ktimatiki Touristiki AE to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Free SAS in the proceedings before the Court.






(1)  OJ C 267, 7.11.2009.
Notice for the attention of the persons to which measures provided for in Council Decision 2010/638/CFSP and in Council Regulation (EU) No 1284/2009 apply
Date: 2010-10-27
Institutions: Council of the European Union
Subjects: Guinea, International Criminal Tribunal, display, economic sanctions, fight against crime, international criminal law, natural person








C_2010290EN.01001901.xml










27.10.2010   


EN


Official Journal of the European Union


C 290/19





Notice for the attention of the persons to which measures provided for in Council Decision 2010/638/CFSP and in Council Regulation (EU) No 1284/2009 apply
2010/C 290/09
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2010/638/CFSP and in Annex I to Council Regulation (EU) No 1284/2009 (1).
The Council of the European Union has determined that the persons that appear in the above-mentioned Annex continue to fulfil the criterion set out in Decision 2010/638/CFSP and in Regulation (EU) No 1284/2009 concerning restrictive measures against the Republic of Guinea, and they should consequently remain subject to the measures as renewed by Decision 2010/638/CFSP.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex III to Regulation (EU) No 1284/2009, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 8 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's Decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 346, 23.12.2009, p. 26.
Case T-24/05: Judgment of the General Court of 27 October 2010 — Alliance One International and Others v Commission (Competition — Agreements, decisions and concerted practices — Spanish market for the purchase and first processing of raw tobacco — Decision finding an infringement of Article 81 EC — Price-fixing and market-sharing — Obligation to state the reasons on which the decision is based — Attributability of the unlawful conduct — Equal treatment)
Date: 2010-10-27
Institutions: General Court
Subjects: European Commission, action for annulment (EU), market prices, parent company, restrictive trade practice, subsidiary, tobacco industry








C_2010346EN.01003901.xml










18.12.2010   


EN


Official Journal of the European Union


C 346/39





Judgment of the General Court of 27 October 2010 — Alliance One International and Others v Commission
(Case T-24/05) (1)

(Competition - Agreements, decisions and concerted practices - Spanish market for the purchase and first processing of raw tobacco - Decision finding an infringement of Article 81 EC - Price-fixing and market-sharing - Obligation to state the reasons on which the decision is based - Attributability of the unlawful conduct - Equal treatment)
2010/C 346/75
Language of the case: English

Parties


Applicants: Alliance One International, Inc., formerly Standard Commercial Corp. (Danville, Virginia, United States); Standard Commercial Tobacco Co., Inc. (Wilson, North Carolina, United States) and Trans-Continental Leaf Tobacco Corp. Ltd, (Vaduz, Liechtenstein), (represented initially by M. Odriozola Alén, M. Marañon Hermoso and A. Emch, and subsequently by M. Odriozola Alén, M. Barrantes Díaz and A. João Vide, lawyers)

Defendant: European Commission (represented by: F. Castillo de la Torre and É. Gippini Fournier, Agents)

Re:

Application for the annulment of Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain)

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2004) 4030 final of 20 October 2004 relating to a proceeding under Article 81(1) [EC] (Case COMP/C.38.238/B.2 — Raw tobacco — Spain) in so far as it relates to Trans-Continental Leaf Tobacco Corp. Ltd.;










2.


Dismisses the action as to the remainder;










3.


Orders Alliance One International, Inc., Standard Commercial Tobacco Co., Inc. and Trans-Continental Leaf Tobacco to bear two-thirds of their own costs and to pay two-thirds of the costs incurred by the European Commission, and the European Commission to bear one-third of its own costs and to pay one-third of those incurred by the applicants.






(1)  OJ C 82, 2.4.2005.
Case C-22/10 P: Order of the Court (Fifth Chamber) of 27 October 2010 — REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Aldi Einkauf GmbH & Co. OHG (Appeal — Community trade mark — Opposition proceedings — Application for the Community word mark Clina — Earlier Community word mark CLINAIR — Refusal of registration — Relative ground for refusal — Examination of the likelihood of confusion — Regulation (EC) No 40/94 — Article 8(1)(b))
Date: 2010-10-27
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), interpretation of the law, polishing and scouring preparations, trade-mark law








C_2011063EN.01001501.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/15





Order of the Court (Fifth Chamber) of 27 October 2010 — REWE-Zentral AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Aldi Einkauf GmbH & Co. OHG
(Case C-22/10 P) (1)

(Appeal - Community trade mark - Opposition proceedings - Application for the Community word mark Clina - Earlier Community word mark CLINAIR - Refusal of registration - Relative ground for refusal - Examination of the likelihood of confusion - Regulation (EC) No 40/94 - Article 8(1)(b))
2011/C 63/27
Language of the case: German

Parties


Appellant: REWE-Zentral AG (represented by: M. Kinkeldey and A. Bognár, Rechtsanwälte)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent), Aldi Einkauf GmbH & Co. OHG (represented by: N. Lützenrath, Rechtsanwalt)

Re:

Appeal against the judgment of the Court of First Instance (Sixth Chamber) of 11 November 2009 in Case T-150/08 REWE-Zentral v OHIM, by which the Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 15 February 2008 refusing the registration of the word sign ‘Clina’ as a Community trade mark for certain goods in Classes 3 and 21 by upholding the opposition brought by the proprietor of the earlier Community word mark ‘CLINAIR’ — Likelihood of confusion between two marks — Failure to carry out a global assessment of the relevant factors in examining the likelihood of confusion — Breach of Article 8(1)(b) of Regulation (EC) No 40/94

Operative part of the order







1.


The appeal is dismissed.










2.


REWE-Zentral AG is ordered to pay the costs.






(1)  OJ C 80, 27.03.2010.