do-me/EUR-LEX huggingface dataset:
Case T-552/10: Action brought on 3 December 2010 — riha Richard Hartinger Getränke v OHIM — Lidl Stiftung (VITAL&FIT)
Date: 2010-12-03
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011030EN.01005202.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/52





Action brought on 3 December 2010 — riha Richard Hartinger Getränke v OHIM — Lidl Stiftung (VITAL&FIT)
(Case T-552/10)
()
2011/C 30/93
Language in which the application was lodged: German

Parties


Applicant: riha Richard Hartinger Getränke GmbH & Co. Handels-KG (Rinteln, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Lidl Stiftung & Co. KG (Neckarsulm, 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) (OHIM) of 5 October 2010 in Case R 1229/2009-4;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant

Community trade mark concerned: the figurative mark containing the word element ‘VITAL&FIT’ for goods in Class 32

Proprietor of the mark or sign cited in the opposition proceedings: Lidl Stiftung & Co. KG

Mark or sign cited in opposition: five earlier rights, including the national word mark ‘VITAFIT’ for goods in Class 32

Decision of the Opposition Division: opposition upheld

Decision of the Board of Appeal: appeal dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), as the marks at issue are not so similar that there is a likelihood of confusion, and infringement of rules of procedure in that the Board of Appeal did not itself examine the supposed aural similarity of the marks, did not take account of decisions of OHIM and of the Court, to which the parties referred, did not have regard to those decisions and did not make it clear whether it did in fact take into account only German commercial circles and their views


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-567/10: Reference for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 3 December 2010 — Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL v Government of the Brussels-Capital Region
Date: 2010-12-03
Institutions: Court of Justice
Subjects: Belgium, EU law - national law, environmental standard, interpretation of the law, landholding system








C_2011063EN.01002201.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/22





Reference for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 3 December 2010 — Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL v Government of the Brussels-Capital Region
(Case C-567/10)
2011/C 63/39
Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings


Applicants: Inter-Environnement Bruxelles ASBL, Pétitions-Patrimoine ASBL, Atelier de Recherche et d’Action Urbaines ASBL

Defendant: Government of the Brussels-Capital Region

Questions referred







1.


Must the definition of ‘plans and programmes’ in Article 2(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (1) be interpreted as excluding from the scope of that directive a procedure for the total or partial repeal of a plan such as that applicable to a ‘plan particulier d’affectation du sol’ (specific land-use plan), provided for in Articles 58 to 63 of the Code bruxellois de l’Aménagement du Territoire (Brussels Town and Country Planning Code)?










2.


Must the word ‘required’ in Article 2(a) of that directive be understood as excluding from the definition of ‘plans and programmes’ plans which are provided for by legislative provisions but the adoption of which is not compulsory, such as the specific land-use plans referred to in Article 40 of the Brussels Town and Country Planning Code?






(1)  OJ 2001 L 197, p. 30
Commission Regulation (EU) No 1147/2010 of 3 December 2010 establishing a prohibition of fishing for cod in NAFO 3M by vessels flying the flag of Estonia
Date: 2010-12-03
Institutions: European Commission
Subjects: EU waters, Estonia, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010322EN.01003001.xml










8.12.2010   


EN


Official Journal of the European Union


L 322/30








            COMMISSION REGULATION (EU) No 1147/2010
of 3 December 2010
         
establishing a prohibition of fishing for cod in NAFO 3M by vessels flying the flag of Estonia


THE EUROPEAN COMMISSION,

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


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

Whereas:







(1)


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












(2)


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












(3)


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





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

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


Article 2

Prohibitions

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


Article 3

Entry into force

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 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


28/T&Q




Member State


Estonia




Stock


COD/N3M.




Species


Cod (Gadus morhua)




Zone


NAFO 3M




Date


1.8.2010
Commission Regulation (EU) No 1144/2010 of 3 December 2010 establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of the United Kingdom
Date: 2010-12-03
Institutions: European Commission
Subjects: EU waters, United Kingdom, catch quota, fishing area, fishing regulations, fishing rights, sea fish, ship's flag








L_2010322EN.01002401.xml










8.12.2010   


EN


Official Journal of the European Union


L 322/24








            COMMISSION REGULATION (EU) No 1144/2010
of 3 December 2010
         
establishing a prohibition of fishing for tusk in EU and international waters of V, VI and VII by vessels flying the flag of the United Kingdom


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, 3 December 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


23/T&Q




Member State


UNITED KINGDOM/GBR




Stock


USK/567EI.




Species


Tusk (Brosme brosme)




Zone


EU and international waters of V, VI and VII




Date


21.5.2010