do-me/EUR-LEX huggingface dataset:
Joined Cases T-253/09 and T-254/09: Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets) (Community trade mark — Application for a three-dimensional Community trade mark — Faceted casing of an electric motor — Application for a Community trade mark representing green facets — Absolute grounds for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
Date: 2010-12-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law, vehicle parts








C_2011030EN.01003702.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/37





Judgment of the General Court of 9 December 2010 — Wilo v OHIM (Faceted casing of an electric motor and representation of green facets)
(Joined Cases T-253/09 and T-254/09) (1)

(Community trade mark - Application for a three-dimensional Community trade mark - Faceted casing of an electric motor - Application for a Community trade mark representing green facets - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009))
2011/C 30/66
Language of the case: German

Parties


Applicant: Wilo SE (Dortmund, Germany) (represented by: G. Braun, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt and P. Quay, agents)

Re:

Two actions brought against the decisions of the First Board of Appeal of OHIM of 30 March 2009 (Cases R 1184/2008-1 and R 1196/2008-1) concerning applications for registration of a three-dimensional sign consisting of the shape of faceted casing of an electric motor and a figurative sign representing green facets.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders Wilo SE to pay the costs.






(1)  OJ C 205, 29.8.2009.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-12-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, financial aid








C_2010332EN.01000801.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/8





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 332/06
PART I








Aid No


GBER 6/10/R&D




EFTA State


Norway




Region


All regions


Regional aid status




Granting authority


Name


Innovation Norway




Address







PO Box 448 Sentrum




0104 Oslo




NORWAY








Webpage


http://www.innovationnorway.com




Title of the aid measure


Scheme for pilot and demonstration projects in the development of environmental technologies and products (Miljøteknologiordningen for pilot- og demonstrasjonsanlegg)




National legal basis (Reference to the relevant national official publication)


Prop. 1 S (2009-2010), page 141, see
http://www.regjeringen.no/pages/2250745/PDFS/PRP200920100001NHDDDDP.pdf




Web link to the full text of the aid measure


http://www.innovationnorway.com
The exact webpage is under construction and will be published in July. ESA will be informed as soon as it is published, which will be before the scheme is put into effect.




Type of measure


Scheme


Yes (grants to beneficiaries)




Duration


Scheme


1.8.2010 to 31.12.2013
Subject to the parliamentary budgetary procedure




Economic sector(s) concerned


All economic sectors eligible to receive aid


All sectors




Type of beneficiary


SME


Yes




Large enterprises


Yes




Budget


Annual overall amount of the budget planned under the scheme


NOK 140 (in millions)




Aid instrument (Article 5)


Grant


Yes




PART II









General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation
(Articles 30-37)


Aid for research and development projects
(Article 31)


Fundamental research
(Article 31(2)(a))


… %


 




Industrial research
(Article 31(2)(b))


… %


 




Experimental development
(Article 31(2)(c))


25 % for large enterprises


45 % (total) for small enterprises, 35 % for medium sized enterprises. A bonus of 15 percentage points may be added (effective collaboration), up to the maximum aid intensity of 80 % cf. Article 31.4 (b).
Case C-31/10: Judgment of the Court (First Chamber) of 9 December 2010 (reference for a preliminary ruling from the Bundesfinanzhof, Germany) — Minerva Kulturreisen GmbH v Finanzamt Freital (Sixth VAT Directive — Article 26 — Special scheme for travel agents and tour operators — Scope — Sale of opera tickets without the provision of supplementary services)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: European Commission, VAT, basis of tax assessment, interpretation of the law, provision of services, tax exemption, tax on consumption, travel agency








C_2011055EN.01001502.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/15





Judgment of the Court (First Chamber) of 9 December 2010 (reference for a preliminary ruling from the Bundesfinanzhof, Germany) — Minerva Kulturreisen GmbH v Finanzamt Freital
(Case C-31/10) (1)

(Sixth VAT Directive - Article 26 - Special scheme for travel agents and tour operators - Scope - Sale of opera tickets without the provision of supplementary services)
2011/C 55/27
Language of the case: German

Referring court

Bundesfinanzhof (Germany)

Parties to the main proceedings


Applicant: Minerva Kulturreisen GmbH

Defendant: Finanzamt Freital

Re:

Reference for a preliminary ruling — Bundesfinanzhof — Interpretation of Article 26 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 — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Special scheme for travel agents — Sale of opera tickets without the provision of supplementary services

Operative part of the judgment

Article 26 of Sixth Council Directive 77/338/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 is to be interpreted as not applying to the sale by a travel agent of opera tickets in isolation, without the provision of a travel service.


(1)  OJ C 100, 17.4.2010.
Commission Regulation (EU) No 1164/2010 of 9 December 2010 approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Pomodoro S. Marzano dell’Agro Sarnese-Nocerino (PDO)]
Date: 2010-12-09
Institutions: European Commission
Subjects: Italy, agricultural product, designation of origin, labelling, location of production, mode of production, product designation, product quality








L_2010326EN.01006601.xml










10.12.2010   


EN


Official Journal of the European Union


L 326/66








            COMMISSION REGULATION (EU) No 1164/2010
of 9 December 2010
         
approving non-minor amendments to the specification for a name entered in the register of protected designations of origin and protected geographical indications [Pomodoro S. Marzano dell’Agro Sarnese-Nocerino (PDO)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Pomodoro S. Marzano dell’Agro Sarnese-Nocerino’ registered under Commission Regulation (EC) No 1107/96 (2), as amended by Commission Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been notified to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name contained in the Annex to this Regulation are hereby approved.


Article 2
This Regulation shall enter into force on the twentieth 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, 9 December 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 73, 23.3.2010, p. 42.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

ITALY
Pomodoro S. Marzano dell’Agro Sarnese-Nocerino (PDO)
No State aid within the meaning of Article 61 of the EEA Agreement
Date: 2010-12-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, disclosure of information, market approval








C_2010332EN.01001001.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/10





No State aid within the meaning of Article 61 of the EEA Agreement
2010/C 332/07
The EFTA Surveillance Authority raises no objections to the following State aid measure:







Date of adoption of the decision


:


15 September 2010




Case number


:


68546




Decision number


:


348/10/COL




EFTA State


:


Norway




Title (and/or name of the beneficiary)


:


CLIMIT/Gassnova aid scheme




Legal basis


:


Article 61(3) EEA and the R&D&I Guidelines




Objective


:


R&D&I




Name and address of the granting authority


:







Gassnova SF




Dokkveien 10




9320 Porsgrunn




NORWAY








The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:
http://www.eftasurv.int/state-aid/state-aid-register/
Case T-303/08: Judgment of the General Court of 9 December 2010 — Tresplain Investments v OHIM — Hoo Hing (Golden Elephant Brand) (Community trade mark — Invalidity proceedings — Figurative Community trade mark Golden Elephant Brand — Non-registered national figurative mark GOLDEN ELEPHANT — Relative ground for refusal — Reference to the national law governing the earlier mark — Common-law action for passing-off — Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009) — Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) — Articles 8(4) and 52(1)(c) of Regulation No 40/94 (now Articles 8(4) and 53(1)(c) of Regulation No 207/2009) — New pleas in law — Article 48(2) of the Rules of Procedure)
Date: 2010-12-09
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), supermarket, trade-mark law








C_2011030EN.01003502.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/35





Judgment of the General Court of 9 December 2010 — Tresplain Investments v OHIM — Hoo Hing (Golden Elephant Brand)
(Case T-303/08) (1)

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Golden Elephant Brand - Non-registered national figurative mark GOLDEN ELEPHANT - Relative ground for refusal - Reference to the national law governing the earlier mark - Common-law action for passing-off - Article 74(1) of Regulation (EC) No 40/94 (now Article 76(1) of Regulation (EC) No 207/2009) - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) - Articles 8(4) and 52(1)(c) of Regulation No 40/94 (now Articles 8(4) and 53(1)(c) of Regulation No 207/2009) - New pleas in law - Article 48(2) of the Rules of Procedure)
2011/C 30/62
Language of the case: English

Parties


Applicant: Tresplain Investments Ltd (Tsing Yi, Hong Kong, China) (represented by: D. McFarland, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Novais Gonçalves, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Hoo Hing Holdings Ltd (Romford, Essex, United Kingdom) (represented by: M. Edenborough, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 7 May 2008 (Case R 889/2007-1), relating to invalidity proceedings between Hoo Hing Holdings Ltd and Tresplain Investments Ltd.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Rejects the form of order sought by Hoo Hing Holdings Ltd for partial annulment and alteration of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 7 May 2008 (Case R 889/2007-1), relating to invalidity proceedings between Hoo Hing Holdings and Tresplain Investments Ltd;










3.


Orders Tresplain Investments to bear its own costs and to pay those incurred by OHIM and one half of those incurred by Hoo Hing Holdings, and orders Hoo Hing Holdings to bear half of its own costs.






(1)  OJ C 260, 11.10.2008.
Commission Regulation (EU) No 1163/2010 of 9 December 2010 entering a name in the register of protected designations of origin and protected geographical indications [Agneau du Périgord (PGI)]
Date: 2010-12-09
Institutions: European Commission
Subjects: France, designation of origin, fresh meat, labelling, location of production, mode of production, product designation, product quality








L_2010326EN.01006401.xml










10.12.2010   


EN


Official Journal of the European Union


L 326/64








            COMMISSION REGULATION (EU) No 1163/2010
of 9 December 2010
         
entering a name in the register of protected designations of origin and protected geographical indications [Agneau du Périgord (PGI)]


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, France’s application to register the name ‘Agneau du Périgord’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, that name should therefore be entered in the register,





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 twentieth 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, 9 December 2010.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 93, 31.3.2006, p. 12.

(2)  
            OJ C 112, 1.5.2010, p. 7.




ANNEX
Agricultural products intended for human consumption listed in Annex I to the Treaty:

Class 1.1 –   Fresh meat (and offal)

FRANCE
Agneau du Périgord (PGI)
Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension — Request from a Member State
Date: 2010-12-09
Institutions: European Commission
Subjects: Denmark, award of contract, energy production, extraction of oil, gas








C_2010332EN.01001101.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/11





Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC — Deadline extension
Request from a Member State
2010/C 332/08
On 26 October 2010 the Commission received a request in accordance with Article 30(4) 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).
This request, which comes from the Kingdom of Denmark, concerns exploration for and extraction of oil and gas in that country. The request was published in OJ C 300, 6.11.2010, p. 37. The initial deadline was 27 January 2011.
Given that the Commission needs to obtain and examine further information, and in compliance with the provisions laid down in the third sentence of Article 30(6), the period in which the Commission must take a decision on this request is extended by one month.
The final deadline is therefore 27 February 2011.


(1)  OJ L 134, 30.4.2004, p. 1.
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-12-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, financial aid








C_2010332EN.01000301.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/3





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 332/03
PART I









Aid No


GBER 2/10/R&D




EFTA State


Norway




Granting authority


The Ministry of Education and research


 




http://www.regjeringen.no/kd


 




Title of the aid measure


Regionale forskningsfond




National legal basis (Reference to the relevant national official publication)


All documents in Norwegian only:
Prop. 1 S (2009-2010) (The budget proposal for 2009-2010 from the Ministry of Education and Research, the Parliament’s (Stortinget) decision on the budget, Requirements and guidelines for regional research funds, grant letter (from the Ministry of Education and Research to the county municipalities).)
http://www.regjeringen.no/nb/dep/kd/dok/regpubl/prop/2009-2010/prop-1-s-20092010




Web link to the full text of the aid measure


http://www.regjeringen.no/nb/dep/kd/dok/lover_regler/retningslinjer/2009/Retningslinjer-for-regionale-forskningsfond.html?id=593488




Type of measure


Scheme


X




Duration


Scheme


The scheme has no time limit




Economic sector(s) concerned


All economic sectors eligible to receive aid


X




Type of beneficiary


SME


X




Large enterprises


X




Budget


Annual overall amount of the budget planned under the scheme


NOK 200,2 million




Aid instrument
(Article 5)


Grant


X




PART II









General Objectives (list)


Objectives (list)


Maximum aid intensity in % or Maximum aid amount in NOK


SME-bonuses in %




Aid for research, development and innovation
(Articles 30-37)


Aid for research and development projects
(Article 31)


Fundamental research
(Article 31(2)(a))


100 %


 




Industrial research
(Article 31(2)(b))


50 %


 




Experimental development
(Article 31(2)(c))


25 %


 




Aid for technical feasibility studies
(Article 32)


… %


 




Aid for industrial property rights costs for SMEs
(Article 33)


… %


 




Aid for research and development in the agricultural and fisheries sectors
(Article 34)


100 %
Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
Date: 2010-12-09
Institutions: EFTA Surveillance Authority
Subjects: Norway, State aid, control of State aid, financial aid








C_2010332EN.01000701.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/7





Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV of the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
2010/C 332/05
PART I








Aid No


GBER 5/10/ENV




EFTA State


Norway




Region


All regions


Regional aid status




Granting authority


Name


Innovation Norway




Address







PO Box 448 Sentrum




0104 Oslo




NORWAY








Webpage


http://www.innovationnorway.com




Title of the aid measure


Investment aid scheme for the promotion of energy from renewable energy resources (Investeringsstøtte til pilot- og demonstrasjonsanlegg innenfor fornybar energi)




National legal basis (Reference to the relevant national official publication)


Prop. 1 S (2009-2010), page 141, see
http://www.regjeringen.no/pages/2250745/PDFS/PRP200920100001NHDDDDPDFS.pdf




Web link to the full text of the aid measure


http://www.innovationnorway.com
The exact webpage is under construction, and will be published in July. ESA will be informed as soon as it is published, which will be before the scheme is put into effect.




Type of measure


Scheme


Yes (grants to beneficiaries)




Duration


Scheme


1.8.2010 to 31.12.2013
Subject to the parliamentary budgetary procedure




Economic sector(s) concerned


All economic sectors eligible to receive aid


All sectors




Type of beneficiary


SME


Yes




Large enterprises


Yes




Budget


Annual overall amount of the budget planned under the scheme


NOK 50 million




Aid instrument (Article 5)


Grant


Yes




PART II








General objectives (list)


Objectives (list)


Maximum aid intensity in % or maximum aid amount in NOK


SME-bonuses in %




Aid for Environmental protection
(Articles 17-25)


Environmental investment aid for the promotion of energy from renewable energy sources
(Article 23)


45 % for large enterprises


65 % (total) for small enterprises, 55 % for medium sized enterprises