do-me/EUR-LEX huggingface dataset:
Case F-119/10: Action brought on 15 November 2010 — Di Tullio v Commission
Date: 2010-11-15
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, special leave








C_2011030EN.01006603.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/66





Action brought on 15 November 2010 — Di Tullio v Commission
(Case F-119/10)
()
2011/C 30/132
Language of the case: French

Parties


Applicant: Roberto Di Tullio (Rovigo, Italy) (represented by: E. Boigelot and S. Woog, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of OLAF's decision refusing to assign the applicant leave for national service under Article 18 of the Conditions of Employment of other Servants.

Form of order sought







—


Annul OLAF's decision of 21 April 2010 refusing to assign the applicant leave for national service, despite the reminder order from the Guardia di Finanza of 24 February 2010;










—


annul the Commission's decision of 10 September 2010 rejecting the applicant's complaint in part on grounds other than those relied upon in the contested decision of 27 April 2010;










—


as a result of those annulments, put the applicant in the position of being on leave for national service from 1 July 2010 until 30 June 2012 inclusive;










—


order the European Commission to pay the costs.
Case F-120/10: Action brought on 15 November 2010 — AR v Commission
Date: 2010-11-15
Institutions: Civil Service Tribunal
Subjects: EPSO, European Commission, action by staff, admission to examinations, competition (EU)








C_2011072EN.01003502.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/35





Action brought on 15 November 2010 — AR v Commission
(Case F-120/10)
2011/C 72/57
Language of the case: French

Parties


Applicant: AR (Brussels, Belgium) (represented by: S. Rodriguez, C. Bernard-Glanz and A. Blot, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of EPSO’s decision not to admit the applicant to the procedure for internal competition COM/INT/EU2/10/AD5 for administrators with Bulgarian or Romanian citizenship on account of the fact that the applicant failed the admission tests and of the decision on the complaint authorising the applicant to re-sit the admission tests for the competition in question.

Form of order sought







—


Annul the decision of the European Personnel Selection Office (EPSO) of 31 March 2010 not to admit the applicant to internal competition COM/INT/EU2/10/AD5, so as to enable the applicant to sit the tests;










—


annul the decision adopted on 3 August 2010 by the appointing authority in that it did not uphold in its entirety the applicant’s complaint;










—


request the Commission, if necessary be means of a measure of inquiry or measure of organisation of procedure, to produce the list of questions asked and answers given at the tests held at 13.00 on 5 March 2010 in Brussels.










—


order the European Commission to pay the costs.
Commission Regulation (EU) No 1046/2010 of 15 November 2010 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2010-11-15
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010299EN.01003501.xml










17.11.2010   


EN


Official Journal of the European Union


L 299/35








            COMMISSION REGULATION (EU) No 1046/2010
of 15 November 2010
         
establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 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 that of 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, 15 November 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


42/T&Q




Member State


Portugal




Stock


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


6.10.2010
Commission Regulation (EU) No 1043/2010 of 15 November 2010 establishing a prohibition of fishing forkbeards in Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX by vessels flying the flag of France
Date: 2010-11-15
Institutions: European Commission
Subjects: EU waters, France, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010299EN.01002901.xml










17.11.2010   


EN


Official Journal of the European Union


L 299/29








            COMMISSION REGULATION (EU) No 1043/2010
of 15 November 2010
         
establishing a prohibition of fishing forkbeards in Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX by vessels flying the flag of France


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 (EC) No 1359/2008 of 28 November 2008 fixing for 2009 and 2010 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (2) lays down quotas for 2009 and 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 that of 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, 15 November 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 352, 31.12.2008, p. 1.




ANNEX






No


45/DSS




Member State


France




Stock


GFB/89-




Species


Forkbeards (Phycis blennoides)




Zone


Community waters and waters not under the sovereignty or jurisdiction of third countries of VIII and IX




Date


30.9.2010
Case T-530/10: Action brought on 15 November 2010 — Reber v OHIM — Klusmeier (Wolfgang Amadeus Mozart PREMIUM)
Date: 2010-11-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), textile industry, trade-mark law








C_2011030EN.01004202.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/42





Action brought on 15 November 2010 — Reber v OHIM — Klusmeier (Wolfgang Amadeus Mozart PREMIUM)
(Case T-530/10)
()
2011/C 30/77
Language in which the application was lodged: German

Parties


Applicant: Reber (Bad Reichenhall, Germany) (represented by: O. Spuhler and M. Geitz, laywers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Ms Anna Klusmeier (Bielefed, Germany)

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 14 September 2010 in Case R 363/2008-4;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Predecessor in title of Ms Anna Klusmeier.

Community trade mark concerned: Word mark ‘Wolfgang Amadeus Mozart PREMIUM’ for goods in Classes 30 and 32.

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

Mark or sign cited in opposition: German figurative marks which contain the word element ‘W. Amadeus Mozart’ for the following goods and sservices: bakers’ wares, confectionery, chocolate confectionery and sugar confectionery, catering in a café and teashop.

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 42(2)(1) in conjunction with Article 42(3) of Regulation (EC) No 207/2009, (1) since the evidence of use put forward by the applicant is a concrete indication of the form of use of the mark cited in opposition ‘W. Amadeus Mozart’, and of Article 15(1)(2)(a) of Regulation (EC) No 207/2009, since it was proven that the mark cited in opposition is clearly used as a trade mark.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case F-118/10: Action brought on 15 November 2010 — Psarras v ENISA
Date: 2010-11-15
Institutions: Civil Service Tribunal
Subjects: European Union Agency for Cybersecurity, action for annulment (EU), civil servant, damages








C_2011063EN.01003401.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/34





Action brought on 15 November 2010 — Psarras v ENISA
(Case F-118/10)
2011/C 63/61
Language of the case: French

Parties


Applicant: Aristidis Psarras (Heraklion, Greece) (represented by: E. Boigelot and S. Woog, lawyers)

Defendant: European Network and Information Security Agency (ENISA)

Subject-matter and description of the proceedings

First, annulment of the decision to dismiss the applicant from his duties as accountant for the Agency and to appoint another person to that post. Secondly, application for payment to the applicant of a sum by way of compensation for the loss suffered owing to the contested acts and the harassment of which he claims to have been a victim.

Form of order sought







—


Annul the decision of ENISA's Management Board of 7 February 2010 to dismiss the applicant from his duties as accountant for the Agency with immediate effect and to appoint another person to the post of accountant for an indefinite period;










—


As a preparatory measure, annul Annex 1 of the decision of 7 February 2010 mentioned above; that Annex 1 is the proposal of the Executive Director to the Management Board to permanently assign the accountant's tasks to another person and to dismiss the applicant from his duties as accountant;










—


If necessary, annul the decision of 1 March 2010 consequently adopted by the Executive Director to reassign the applicant to a new post;










—


As a result of those annulments, reinstate the applicant to the post of accountant for the Agency;










—


Order ENISA to pay the applicant the sum of EUR 10 000 by way of compensation, firstly, for the loss suffered owing to the contested decisions, and, secondly, for the non-material damage suffered because of the psychological harassment of which he was a victim, subject to increase during the proceedings;










—


order ENISA to pay the costs.
Case T-528/10: Action brought on 15 November 2010 — Truvo Belgium v OHIM — AOL (TRUVO)
Date: 2010-11-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telecommunications industry, trade-mark law








C_2011030EN.01004201.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/42





Action brought on 15 November 2010 — Truvo Belgium v OHIM — AOL (TRUVO)
(Case T-528/10)
()
2011/C 30/76
Language in which the application was lodged: English

Parties


Applicant: Truvo Belgium (Antwerp, Belgium) (represented by: O. van Haperen, lawyer)

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

Other party to the proceedings before the Board of Appeal: AOL LLC (Dulles, United States)

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 31 August 2010 in case R 893/2009-2; and










—


Order the defendant to pay 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 ‘TRUVO’, for goods and services in classes 16, 35, 38 and 41 — Community trade mark application No 5632948

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 4756169 of the figurative mark ‘TRUVEO’ for services in class 42

Decision of the Opposition Division: Upheld the opposition and rejected the community trade mark application for all of class 38

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: The applicant considers that the contested decision infringes Article 8(1)(b) of Council Regulation (EC) No 207/2009, as the Board of Appeal erred (i) in its visual and aural comparison of the signs, (ii) in its comparison of the signs as it refused to attribute any meaning to the trademark of the opposing party, (iii) in its comparison of the services, and (iv) in its assessment of the relevant public.
Case C-527/10: Reference for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága (Hungary) lodged on 15 November 2010 — ERSTE Bank Hungary Nyrt v Magyar Állam, B.C.L Trading GmbH, ERSTE Befektetési Zrt.
Date: 2010-11-15
Institutions: Court of Justice
Subjects: EU law - national law, credit guarantee, financial solvency, judicial cooperation, judicial proceedings








C_2011030EN.01002002.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/20





Reference for a preliminary ruling from the Magyar Köztársaság Legfelsőbb Bírósága (Hungary) lodged on 15 November 2010 — ERSTE Bank Hungary Nyrt v Magyar Állam, B.C.L Trading GmbH, ERSTE Befektetési Zrt.
(Case C-527/10)
()
2011/C 30/34
Language of the case: Hungarian

Referring court

Magyar Köztársaság Legfelsőbb Bírósága

Parties to the main proceedings


Applicant: ERSTE Bank Hungary Nyrt

Defendants: Magyar Állam, B.C.L Trading GmbH, ERSTE Befektetési Zrt.

Intervener: dr. Bárándy és Társai Ügyvédi Iroda, Komerční banka a.s.

Question referred

Does Article 5(1) of Council Regulation (EC) No 1346/2000 (1) of 29 May 2000 on insolvency proceedings (‘the Regulation’) govern civil proceedings relating to the existence of rights in rem (security deposits) where the country in which the bond, and subsequently the money it represented, was deposited as a security was not a Member State of the European Union at the time when insolvency proceedings were instituted in another Member State, but was a Member State of the European Union by the time the application initiating the proceedings was submitted?


(1)  OJ L 160, p. 1,
Commission Regulation (EU) No 1048/2010 of 15 November 2010 establishing a prohibition of fishing for ling in IIIa; EU waters of IIIb, IIIc and IIId by vessels flying the flag of Denmark
Date: 2010-11-15
Institutions: European Commission
Subjects: Denmark, EU waters, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010299EN.01003901.xml










17.11.2010   


EN


Official Journal of the European Union


L 299/39








            COMMISSION REGULATION (EU) No 1048/2010
of 15 November 2010
         
establishing a prohibition of fishing for ling in IIIa; EU waters of IIIb, IIIc and IIId by vessels flying the flag of Denmark


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 that of 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, 15 November 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


34/T&Q




Member state


Denmark




Stock


LIN/03.




Species


Ling (Molva molva)




Zone


IIIa; EU waters of IIIb, IIIc and IIId




Date


21.8.2010
Commission Regulation (EU) No 1045/2010 of 15 November 2010 establishing a prohibition of fishing for herring in EU and international waters of Vb, VIb and VIaN by vessels flying the flag of France
Date: 2010-11-15
Institutions: European Commission
Subjects: EU waters, France, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010299EN.01003301.xml










17.11.2010   


EN


Official Journal of the European Union


L 299/33








            COMMISSION REGULATION (EU) No 1045/2010
of 15 November 2010
         
establishing a prohibition of fishing for herring in EU and international waters of Vb, VIb and VIaN by vessels flying the flag of France


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 that of 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, 15 November 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


44/T&Q




Member State


France




Stock


HER/5B6ANB




Species


Herring (Clupea harengus)




Zone


EU and international waters of Vb, VIb and VIaN




Date


30.9.2010