do-me/EUR-LEX huggingface dataset:
Case T-526/08 P: Judgment of the General Court of 9 December 2010 — Commission v Strack (Appeal — Cross-appeal — Civil Service — Officials — Recruitment — Vacancy notice — Rejection of candidature — Appointment to a post of head of unit — Action for annulment — Admissibility — Interest in bringing proceedings — Action for damages — Non-material damage)
Date: 2010-12-09
Institutions: General Court
Subjects: EC conformity marking, admissibility, appeal, interest in bringing an action, recruitment, supplementary pension








C_2011030EN.01003602.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/36





Judgment of the General Court of 9 December 2010 — Commission v Strack
(Case T-526/08 P) (1)

(Appeal - Cross-appeal - Civil Service - Officials - Recruitment - Vacancy notice - Rejection of candidature - Appointment to a post of head of unit - Action for annulment - Admissibility - Interest in bringing proceedings - Action for damages - Non-material damage)
2011/C 30/64
Language of the case: German

Parties


Appellant: European Commission (represented by: H. Kramer and B. Eggers, agents)

Other party to the proceedings: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 25 September 2008 in Case F-44/05 Strack v Commission (not published in the ECR) seeking to have that judgment set aside in part.

Operative part of the judgment

The Court:






1.


Annuls paragraphs 1, 2, 3, 5 and 6 of the operative part of the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 25 September 2008 in Case F-44/05 Strack v Commission.










2.


Dismisses the cross-appeal as to the remainder.










3.


Refers the case back to the Civil Service Tribunal for a ruling on the claims for annulment of the decision to appoint Mr A. to the post of head of the ‘Calls for tenders and contracts’ unit of the Office for Official Publications of the European Communities and the decision to reject Mr Guido Strack’s candidature for that post, on the claims for compensation for the non-material damage purportedly suffered by Mr Strack in the sum of EUR 200, and on costs.










4.


Costs reserved.






(1)  OJ C 44, 21.2.2009.
Commission Regulation (EU) No 1165/2010 of 9 December 2010 entering a name in the register of protected designations of origin and protected geographical indications (Salzwedeler Baumkuchen (PGI))
Date: 2010-12-09
Institutions: European Commission
Subjects: Germany, designation of origin, labelling, location of production, mode of production, pastry-making, product designation, product quality








L_2010326EN.01006801.xml










10.12.2010   


EN


Official Journal of the European Union


L 326/68








            COMMISSION REGULATION (EU) No 1165/2010
of 9 December 2010
         
entering a name in the register of protected designations of origin and protected geographical indications (Salzwedeler Baumkuchen (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, Germany’s application to register the name ‘Salzwedeler Baumkuchen (PGI)’ was published in the Official Journal of the European Union (2).












(2)


As no statement of objection pursuant to 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 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, 9 December 2010.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 95, 15.4.2010, p. 29.




ANNEX
Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.4.   Bread, pastry, cakes, confectionery, biscuits and other baker’s wares

GERMANY
Salzwedeler Baumkuchen (PGI)
Case T-307/09: Judgment of the General Court of 9 December 2010 — Earle Beauty v OHIM (NATURALLY ACTIVE) (Community trade mark — Application for the Community word mark NATURALLY ACTIVE — Absolute ground for refusal — Lack of inherent distinctive character — Lack of distinctive character acquired by use — Article 7(1)(b) and (3) 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








C_2011030EN.01003801.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/38





Judgment of the General Court of 9 December 2010 — Earle Beauty v OHIM (NATURALLY ACTIVE)
(Case T-307/09) (1)

(Community trade mark - Application for the Community word mark NATURALLY ACTIVE - Absolute ground for refusal - Lack of inherent distinctive character - Lack of distinctive character acquired by use - Article 7(1)(b) and (3) of Regulation (EC) No 207/2009)
2011/C 30/68
Language of the case: English

Parties


Applicant: Earle Beauty (Ryde, Isle of Wight, United Kingdom) (represented by: initially M. Cover, and subsequently K. O'Rourke, Solicitors)

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

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 May 2009 (Case R 27/2009-2), concerning registration of the word sign NATURALLY ACTIVE as a Community trade mark.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 11 May 2009 (Case R 27/2009-2) in so far as it refused registration as a Community trade mark of the word sign NATURALLY ACTIVE for wash bags, cosmetic bags and cases, beach bags, handbags, shoulder bags, draw string bags, purses, wallets, vanity cases, make-up bags, canvas bags, cases for mirrors in Class 18 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;










2.


Dismisses the action as to the remainder;










3.


Orders Liz Earle Beauty Co. Ltd to bear its own costs and to pay two thirds of OHIM’s costs. OHIM is ordered to bear one third of its costs.






(1)  OJ C 244, 10.10.2009.
Euro exchange rates
Date: 2010-12-09
Institutions: European Commission
Subjects: euro, exchange rate








C_2010332EN.01000201.xml










9.12.2010   


EN


Official Journal of the European Union


C 332/2





Euro exchange rates (1)

8 December 2010
2010/C 332/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3200




JPY


Japanese yen


111,08




DKK


Danish krone


7,4545




GBP


Pound sterling


0,83670




SEK


Swedish krona


9,1484




CHF


Swiss franc


1,3060




ISK


Iceland króna


 




NOK


Norwegian krone


7,9625




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,090




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


278,85




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7097




PLN


Polish zloty


4,0633




RON


Romanian leu


4,3005




TRY


Turkish lira


1,9735




AUD


Australian dollar


1,3480




CAD


Canadian dollar


1,3361




HKD


Hong Kong dollar


10,2555




NZD


New Zealand dollar


1,7630




SGD


Singapore dollar


1,7388




KRW


South Korean won


1 512,39




ZAR


South African rand


9,1717




CNY


Chinese yuan renminbi


8,7934




HRK


Croatian kuna


7,3836




IDR


Indonesian rupiah


11 911,96




MYR


Malaysian ringgit


4,1514




PHP


Philippine peso


57,641




RUB


Russian rouble


41,2400




THB


Thai baht


39,791




BRL


Brazilian real


2,2222




MXN


Mexican peso


16,5427




INR


Indian rupee


59,5283






(1)  Source: reference exchange rate published by the ECB.
Case C-241/09: Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium)) — Fluxys SA v Commission de régulation de l’électricité et du gaz (CREG) (Reference for a preliminary ruling — Jurisdiction of the Court — Partial withdrawal by the applicant in the main proceedings — Changed legal framework — Court’s reply no longer necessary for the decision in the main proceedings — No need to adjudicate)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: EU office or agency, electricity supply, energy transport, gas supply, interpretation of the law, transit








C_2011055EN.01000801.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/8





Judgment of the Court (Fourth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Cour d’appel de Bruxelles — Belgium)) — Fluxys SA v Commission de régulation de l’électricité et du gaz (CREG)
(Case C-241/09) (1)

(Reference for a preliminary ruling - Jurisdiction of the Court - Partial withdrawal by the applicant in the main proceedings - Changed legal framework - Court’s reply no longer necessary for the decision in the main proceedings - No need to adjudicate)
2011/C 55/12
Language of the case: French

Referring court

Cour d’appel de Bruxelles

Parties to the main proceedings


Applicant: Fluxys SA

Defendant: Commission de régulation de l’électricité et du gaz (CREG)

Re:

Reference for a preliminary ruling — Cour d’appel de Bruxelles — Interpretation of Articles 1, 2 and 18 of Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC (OJ 2003 L 176, p. 57) and Article 3 of Regulation (EC) No 1775/2005 of the European Parliament and of the Council of 28 September 2005 on conditions for access to the natural gas transmission networks (OJ 2005 L 289, p. 1) — Automatic revision of the rules for determining the total revenue of system operators in the event of the occurrence of exceptional circumstances during a regulatory period — Compatibility with Community law of a separate tariff regime for transit activities distinct from that applicable to ‘conveyance’ and storage

Operative part of the judgment

There is no need to answer the question referred for a preliminary ruling in Case C-241/09.


(1)  OJ C 205, 29.08.2009.
Case C-580/10: Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 December 2010 — Staatssecretaris van Financiën, other party: G. Frank
Date: 2010-12-09
Institutions: Court of Justice
Subjects: free movement of persons, interpretation of the law, motor car, road network, tax, vehicle registration








C_2011072EN.01000802.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/8





Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands) lodged on 9 December 2010 — Staatssecretaris van Financiën, other party: G. Frank
(Case C-580/10)
2011/C 72/13
Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings


Appellant: Staatssecretaris van Financiën

Other party: G. Frank

Question referred

In the light of Article 18 EC (now Article 21 TFEU), does Community law govern a situation in which a Member State levies a tax on the first use on the road network in its territory of a vehicle which is registered in another Member State, has been borrowed from a resident of that other Member State and has been driven for private purposes in the territory of the first Member State by a person who is a resident of that Member State but a national of the other Member State?
Case T-282/09: Judgment of the General Court of 9 December 2010 — Fédération internationale des logis v OHIM (Green convex square) (Community trade mark — Application for a Community figurative trade mark representing a green convex square — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-12-09
Institutions: General Court
Subjects: Community certification, EU trade mark, European Union Intellectual Property Office, action for annulment (EU), property leasing, trade-mark law








C_2011030EN.01003703.xml










29.1.2011   


EN


Official Journal of the European Union


C 30/37





Judgment of the General Court of 9 December 2010 — Fédération internationale des logis v OHIM (Green convex square)
(Case T-282/09) (1)

(Community trade mark - Application for a Community figurative trade mark representing a green convex square - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009)
2011/C 30/67
Language of the case: French

Parties


Applicant: Fédération internationale des logis (Paris, France) (represented by: B. Brisset, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 22 April 2009 (Case R 1511/2008-1) concerning an application for registration a green convex square as a Community trade mark.

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders the Fédération internationale des logis to pay the costs.






(1)  OJ C 220, 12.9.2009.
Case C-576/10: Action brought on 9 December 2010 — European Commission v Kingdom of the Netherlands
Date: 2010-12-09
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, award of contract, public contract, services contract, supplies contract, works contract








C_2011055EN.01001902.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/19





Action brought on 9 December 2010 — European Commission v Kingdom of the Netherlands
(Case C-576/10)
2011/C 55/34
Language of the case: Dutch

Parties


Applicant: European Commission (represented by: M. van Beek and C. Zadra, Agents)

Defendant: Kingdom of the Netherlands

Form of order sought







—


rule that, by failing to comply with the law of the European Union on public contracts, in particular Directive 2004/18/EC, (1) in the context of the award of a public works concession by the municipality of Eindhoven, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 2 and Title III of Directive 2004/18/EC;










—


order the Kingdom of the Netherlands to pay the costs.





Pleas in law and main arguments

The Commission has concluded that the coooperation agreement which the municipality of Eindhoven entered into on 11 June 2007 with the company Hurks Bouw en Vastgoed B.V. is a public works concession within the terms of Article 1(3) of Directive 2004/18/EC.
In view of the fact that the public works concession has an estimated value which is greater than the applicable threshold value, it ought to have been the subject of a call for tenders in accordance with Directive 2004/18/EC, in particular Article 2 and Title III thereof. In addition, the public contracts awarded by Hurks Bouw en Vastgoed B.V. for works to an estimated value in excess of the applicable threshold value must be publicised in accordance with Articles 63 to 65 of Directive 2004/18/EC.
The fact that the municipality of Eindhoven did not apply Directive 2004/18/EC, and in particular Article 2 and Title III thereof, when awarding the public works concession in question to Hurks Bouw en Vastgoed B.V. leads the Commission to the conclusion that there has been a breach of that directive.
The Commission further concludes that, in the context of the award of a public works concession by the municipality of Eindhoven, the Kingdom of the Netherlands has failed to comply with its obligations under the European Union law on public contracts, and in particular those imposed by Article 2 and Title III of Directive 2004/18/EC.


(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).
Case C-193/10: Order of the Court (Eighth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Finanzgericht Düsseldorf) — KMB Europe BV v Hauptzollamt Duisburg (The first subparagraph of Article 104(3) of the Rules of Procedure — Common Customs Tariff — Combined Nomenclature — Tariff classification — MP3 Media Player — Heading 8521 — Video recording or reproducing apparatus)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: Combined Nomenclature, electronic device, interpretation of the law, tariff nomenclature








C_2011063EN.01001601.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/16





Order of the Court (Eighth Chamber) of 9 December 2010 (reference for a preliminary ruling from the Finanzgericht Düsseldorf) — KMB Europe BV v Hauptzollamt Duisburg
(Case C-193/10) (1)

(The first subparagraph of Article 104(3) of the Rules of Procedure - Common Customs Tariff - Combined Nomenclature - Tariff classification - MP3 Media Player - Heading 8521 - Video recording or reproducing apparatus)
2011/C 63/29
Language of the case: German

Referring court

Finanzgericht Dusseldorf

Parties to the main proceedings


Applicant: KMB Europe BV

Defendant: Hauptzollamt Duisburg

Re:

Reference for a preliminary ruling — Finanzgericht Düsseldorf — Interpretation of Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and the statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006 (OJ 2006 L 301, p. 1) — MP3 Media Player — Apparatus with a limited capacity to reproduce still images and videos whose principal function is the reproduction of sound — Classification under heading 8519 (‘Sound recording or sound reproducing apparatus’) or under heading 8521 (‘Video recording or reproducing apparatus’) of the Combined Nomenclature.

Operative part of the order

Heading 8521 of the Combined Nomenclature in the version of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and the statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006 must be interpreted as meaning that MP3 media players, such as those at issue in the main proceedings, in relation to which the referring court finds that the principal function characterising all such apparatus is the recording and reproduction of sound, are excluded from that heading.


(1)  OJ C 209, 31.7.2010.
Joined Cases C-300/09 and C-301/09: Judgment of the Court (Second Chamber) of 9 December 2010 (reference for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie v F. Toprak (C-300/09), I. Oguz (C-301/09) (EEC-Turkey Association Agreement — Freedom of movement for workers — Standstill rule in Article 13 of Decision No 1/80 of the Association Council — Prohibition for Member States to introduce new restrictions on access to the labour market)
Date: 2010-12-09
Institutions: Court of Justice
Subjects: Türkiye, association agreement (EU), interpretation of the law








C_2011055EN.01001102.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/11





Judgment of the Court (Second Chamber) of 9 December 2010 (reference for a preliminary ruling from the Raad van State — Netherlands) — Staatssecretaris van Justitie v F. Toprak (C-300/09), I. Oguz (C-301/09)
(Joined Cases C-300/09 and C-301/09) (1)

(EEC-Turkey Association Agreement - Freedom of movement for workers - Standstill rule in Article 13 of Decision No 1/80 of the Association Council - Prohibition for Member States to introduce new restrictions on access to the labour market)
2011/C 55/18
Language of the case: Dutch

Referring court

Raad van State

Parties to the main proceedings


Applicant: Staatssecretaris van Justitie

Defendants: F. Toprak (C-300/09), I. Oguz (C-301/09)

Re:

Reference for a preliminary ruling — Raad van State — Interpretation of Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, taken by the Association Council set up under the Agreement establishing an Association between the European Economic Community and Turkey — Standstill rule — Scope — Member States prohibited from introducing new restrictions on access to the labour market — Meaning of ‘new restriction’

Operative part of the judgment

In circumstances such as those of the cases in the main proceedings, concerning a national provision on the acquisition of a residence permit by Turkish workers, Article 13 of Decision No 1/80 of 19 September 1980 on the development of the Association, adopted by the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey, must be interpreted as meaning that a tightening of a provision introduced after 1 December 1980, which provided for a relaxation of the provision applicable on 1 December 1980, constitutes a ‘new restriction’ within the meaning of that article, even where that tightening does not make the conditions governing the acquisition of that permit more stringent than those which resulted from the provision in force on 1 December 1980, this being a matter for the national court to determine.


(1)  OJ C 267, 7.11.2009.