do-me/EUR-LEX huggingface dataset:
Case F-67/09: Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Angelo Sánchez v Council (Civil Service — Special leave — Serious illness of a parent — Method of calculating the number of days of' leave where several parents seriously ill)
Date: 2010-12-15
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, action for annulment (EU), illness, marital status, unpaid leave








C_2011038EN.01001902.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/19





Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2010 — Angelo Sánchez v Council
(Case F-67/09) (1)

(Civil Service - Special leave - Serious illness of a parent - Method of calculating the number of days of' leave where several parents seriously ill)
2011/C 38/36
Language of the case: French

Parties


Applicant: Nicolás Angelo Sánchez (Brussels, Belgium) (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Council of the European Union (represented by: K. Zieleśkiewicz, M. Bauer, Agents)

Re:

Annulment of the defendant’s decisions refusing applications for special leave made by the applicant because of the serious illness of his parents.

Operative part of the judgment

The Tribunal:






1.


Annuls the decisions of the Council of the European Union of 8 October 2008 and 8 December 2008 refusing the applications for special leave made by the Mr Angelo Sánchez;










2.


Orders the Council of the European Union to pay all the costs.






(1)  OJ C 220, 12.9.2009, p. 43.
2010/804/EU: Decision of the European Parliament and of the Council of 15 December 2010 on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
Date: 2010-12-15
Institutions: Council of the European Union, European Parliament
Subjects: EU aid, France, Portugal, agricultural disaster, financial aid, flood, fund (EU)








L_2010342EN.01001601.xml










28.12.2010   


EN


Official Journal of the European Union


L 342/16








            DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         
of 15 December 2010
         
on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
(2010/804/EU)


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,


Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),


Having regard to the proposal from the European Commission,

Whereas:







(1)


The European Union has created a European Union Solidarity Fund (the ‘Fund’) to show solidarity with the population of regions struck by disasters.












(2)


The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.












(3)


Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.












(4)


Portugal submitted an application to mobilise the Fund, concerning a disaster caused by landslides and flooding on Madeira Island.












(5)


France submitted an application to mobilise the Fund, concerning a disaster caused by the storm ‘Xynthia’,





HAVE ADOPTED THIS DECISION:



Article 1
For the general budget of the European Union for the financial year 2010, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 66 891 540 in commitment and payment appropriations.


Article 2
This Decision shall be published in the Official Journal of the European Union.




Done at Strasbourg, 15 December 2010.


For the European Parliament


The President

J. BUZEK
            



For the Council


The President

O. CHASTEL
            





(1)  
            OJ C 139, 14.6.2006, p. 1.

(2)  
            OJ L 311, 14.11.2002, p. 3.
Case T-380/09: Judgment of the General Court of 15 December 2010 — Bianchin v OHIM — Grotto (GASOLINE) (Community trade mark — Invalidity proceedings — Community word mark GASOLINE — Earlier Community figurative mark GAS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2010-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, optical industry, trade-mark law








C_2011038EN.01001501.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/15





Judgment of the General Court of 15 December 2010 — Bianchin v OHIM — Grotto (GASOLINE)
(Case T-380/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark GASOLINE - Earlier Community figurative mark GAS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 38/26
Language of the case: Italian

Parties


Applicant: Luciano Bianchin (Asolo, Italy) (represented by: G. Massa and P. Massa, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Grotto SpA (Chiuppano, Italy) (represented by: F. Jacobacci, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 13 July 2009 (Case R 1455/2008-2) relating to invalidity proceedings between Grotto SpA and Luciano Bianchin.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Luciano Bianchin to pay the costs.






(1)  OJ C 282, 21.11.2009.
Case C-492/09: Order of the Court of 15 December 2010 (reference for a preliminary ruling from the Commissione tributaria provinciale di Taranto — Italy) — Soc Agricola Esposito srl v Agenzia delle Entrate — Ufficio di Taranto 2 (Articles 92(1), 103(1) and 104(3), second subparagraph, of the Rules of Procedure — Electronic networks and communication services — Directives 2002/20/EC, 2002/21/EC and 2002/77/EC — Government authorisation tax — Partial inadmissiblity — Questions the answer to which leaves no room for reasonable doubt)
Date: 2010-12-15
Institutions: Court of Justice
Subjects: Italy, contract, electronic mail, equal treatment, interpretation of the law, provision of services, restriction on competition, tax system, telecommunications, trade licence, transmission network








C_2011120EN.01000202.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/2





Order of the Court of 15 December 2010 (reference for a preliminary ruling from the Commissione tributaria provinciale di Taranto — Italy) — Soc Agricola Esposito srl v Agenzia delle Entrate — Ufficio di Taranto 2
(Case C-492/09) (1)

(Articles 92(1), 103(1) and 104(3), second subparagraph, of the Rules of Procedure - Electronic networks and communication services - Directives 2002/20/EC, 2002/21/EC and 2002/77/EC - Government authorisation tax - Partial inadmissiblity - Questions the answer to which leaves no room for reasonable doubt)
2011/C 120/03
Language of the case: Italian

Referring court

Commissione tributaria provinciale di Taranto

Parties to the main proceedings


Applicant: Soc Agricola Esposito srl

Defendant: Agenzia delle Entrate — Ufficio di Taranto 2

Re:

Reference for a preliminary ruling — Commissione tributaria provinciale di Taranto — Interpretation of Article 9(1) of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (OJ 2002 L 108, p. 33) and Articles 12 and 13 of Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (OJ 2002 L 108, p. 21) — Imposition of a government authorisation tax in the case of a telephone subscription contract — Tax not applied in the case of a prepaid telephone card — Admissibility

Operative part of the order







1.


The part of the fourth question concerning Commission Directive 2002/77/EC of 16 September 2002 on competition in the markets for electronic communications networks and services, and the sixth question are inadmissible.










2.


Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation directive) and Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework directive) do not preclude a tax such as the government concession tax.






(1)  OJ C 24, 30.1.2010.
Non-opposition to a notified concentration (Case COMP/M.5753 — DSB/First/DSBFirst Vast)  Text with EEA relevance
Date: 2010-12-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, railway industry








C_2010340EN.01000101.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/1





Non-opposition to a notified concentration
(Case COMP/M.5753 — DSB/First/DSBFirst Vast)
(Text with EEA relevance)
2010/C 340/01
On 6 December 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5753. EUR-Lex is the on-line access to the European law.
Commission Decision of 15 December 2010 amending Commission Decision 2007/320/EC of 22 March 2007 setting up the Member States’ Expert Group on Digitisation and Digital Preservation, in order to extend its period of validity
Date: 2010-12-15
Institutions: European Commission
Subjects: access to information, cultural heritage, cultural policy, digital technology, digitisation, self-employed person








C_2010349EN.01000501.xml










22.12.2010   


EN


Official Journal of the European Union


C 349/5





COMMISSION DECISION
of 15 December 2010
amending Commission Decision 2007/320/EC of 22 March 2007 setting up the Member States’ Expert Group on Digitisation and Digital Preservation (1), in order to extend its period of validity
2010/C 349/04
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:






(1)


It is appropriate that the work of the expert group denominated Member States’ Expert Group on Digitisation and Digital Preservation should continue unhindered until the end of 2013 under the same rules established by that Decision.










(2)


Decision 2007/320/EC should therefore be amended accordingly,




HAS DECIDED AS FOLLOWS:
Sole Article
In Article 7 ‘Applicability’ of Decision 2007/320/EC, the year ‘2010’ is replaced by ‘2013’

Done at Brussels, 15 December 2010.


For the Commission

Neelie KROES

Vice-President





(1)  OJ L 119, 9.5.2007, p. 45.
Case C-156/10 P: Order of the Court (Seventh Chamber) of 15 December 2010 — Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs), DSB (Appeals — Community trade mark — Marks consisting of acronyms — Earlier trade mark DSB — Word sign ‘DSBW’ — Opposition proceedings — Relative ground for refusal — Examination of the likelihood of confusion — Visual similarity — Aural similarity — Inadmissibility — Assessment of the facts)
Date: 2010-12-15
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, General Court (EU), action for annulment (EU), leisure, service, tourism, trade-mark law








C_2011089EN.01000301.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/3





Order of the Court (Seventh Chamber) of 15 December 2010 — Karen Goncharov v Office for Harmonisation in the Internal Market (Trade Marks and Designs), DSB
(Case C-156/10 P) (1)

(Appeals - Community trade mark - Marks consisting of acronyms - Earlier trade mark DSB - Word sign ‘DSBW’ - Opposition proceedings - Relative ground for refusal - Examination of the likelihood of confusion - Visual similarity - Aural similarity - Inadmissibility - Assessment of the facts)
2011/C 89/04
Language of the case: German

Parties


Appellant: Karen Goncharov (represented by: A. Späth, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent), DSB (represented by: T. Graf, Rechtsanwalt)

Re:

Appeal against the judgment of the General Court (Fourth Chamber) of 21 January 2010 in Case T-34/07 Goncharov v OHIM — DSB (DSBW) by which the General Court dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 4 December 2006, which refused registration of the word sign ‘DSBW’ as a Community trade mark for certain goods in Classes 39, 41 and 43 and upheld the opposition of the proprietor of the earlier Community word mark ‘DSB’ — Likelihood of confusion — Account not taken, during the examination of the likelihood of confusion, of the particularities of marks consisting of acronyms — Infringement of Article 8(1)(b) of Regulation (EC) No 40/94

Operative part of the order







1.


The appeal is dismissed.










2.


Mr Goncharov is ordered to pay the costs.






(1)  OJ C 148, 5.6.2010.
Case T-427/08: Judgment of the General Court of 15 December 2010 — CEAHR v Commission (Agreements, decisions and concerted practices — Abuse of dominant position — Decision rejecting a complaint — Refusal of Swiss watch producers to supply spare parts to independent watch repairers — Community interest — Relevant market — Primary market and after market — Duty to give reasons — Manifest error of assessment)
Date: 2010-12-15
Institutions: General Court
Subjects: Belgium, European Community, action for annulment (EU), clock and watch industry, spare part








C_2011038EN.01001101.xml










5.2.2011   


EN


Official Journal of the European Union


C 38/11





Judgment of the General Court of 15 December 2010 — CEAHR v Commission
(Case T-427/08) (1)

(Agreements, decisions and concerted practices - Abuse of dominant position - Decision rejecting a complaint - Refusal of Swiss watch producers to supply spare parts to independent watch repairers - Community interest - Relevant market - Primary market and after market - Duty to give reasons - Manifest error of assessment)
2011/C 38/16
Language of the case: English

Parties


Applicant: Confédération européenne des associations d’horlogers-réparateurs (CEAHR) (Brussels, Belgium) (represented by: P. Mathijsen, lawyer)

Defendant: European Commission (represented by: X. Lewis and F. Ronkes Agerbeek, and subsequently by F. Ronkes Agerbeek and F. Castilla Contreras, Agents)

Intervener in support of the defendant: Richemont International SA (Bellevue, Switzerland) (represented by J. Ysewyn, lawyer, and H. Crossley, Solicitor)

Re:

Annulment of Commission Decision C(2008) 3600 of 10 July 2008 rejecting the complaint lodged by the applicant in Case COMP/E-l/39097

Operative part of the judgment

The Court:






1.


Annuls Commission Decision C(2008) 3600 of 10 July 2008 in Case COMP/E-1/39097;










2.


Orders Richemont International SA to pay, in addition to its own costs, those incurred by the Confédération européenne des associations d’horlogers-réparateurs (CEAHR) as a result of the intervention;










3.


Orders the European Commission to pay, in addition to its own costs, the remainder of those incurred by the CEAHR.






(1)  OJ C 313, 6.12.2008.
Non-opposition to a notified concentration (Case COMP/M.6057 — Carlyle/Commscope)  Text with EEA relevance
Date: 2010-12-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, provision of services, telecommunications equipment








C_2010340EN.01000501.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/5





Non-opposition to a notified concentration
(Case COMP/M.6057 — Carlyle/Commscope)
(Text with EEA relevance)
2010/C 340/05
On 9 December 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:






—


in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,










—


in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M6057. EUR-Lex is the on-line access to the European law.
Case T-566/10: Action brought on 15 December 2010 — Ertmer v OHIM — Caterpillar (erkat)
Date: 2010-12-15
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011055EN.01002701.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/27





Action brought on 15 December 2010 — Ertmer v OHIM — Caterpillar (erkat)
(Case T-566/10)
2011/C 55/48
Language in which the application was lodged: German

Parties


Applicant: Jutta Ertmer (Tatsungen, Germany) (represented by: A. von Mühlendahl and C. Eckhartt)

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

Other party to the proceedings before the Board of Appeal of OHIM: Caterpilla, Inc. (Illinois, USA)

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 September 2010 in Case R 270/2010-1;










—


dismiss the appeal lodged by Caterpillar Inc. on 17 February 2010 against the decision of the cancellation Division of OHIM of 8 January 2010 in Cancellation proceedings No 2504 C;










—


order the defendant and Caterpillar Inc., if it decides to participate in the proceedings, to pay the costs.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: word mark ‘erkat’ for goods in Classes 7 and 42.

Proprietor of the Community trade mark: the applicant.

Applicant for the declaration of invalidity: Caterpillar Inc.

Grounds for the application for a declaration of invalidity: pursuant to Article 53(1)(a) the application was based on the national and Community word mark ‘CAT’, the national figurative marks and the Community figurative mark containing the word ‘CAT’, for goods and services in Classes 7 and 42.

Decision of the Cancellation Division: the application for a declaration of invalidity was dismissed.

Decision of the Board of Appeal: the appeal was upheld and the registered mark was declared invalid.

Pleas in law: Infringement of Article 8 in conjunction with Article 75 of Regulation (EC) No 207/2009, (1) since the contested decision does not show on which earlier mark or marks the Board of Appeal based its decision to grant the application of the other party and a key part of the grounds was copied from another decision; infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, since there was no likelihood of confusion between the opposing marks; and infringement of Article 8(5) in conjunction with Article 75 of Regulation (EC) No 207/2009, since the earlier figurative marks do not have a reputation and there would be no detriment to, or unfair advantage taken of, the distinctive character or repute of those marks.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Euro exchange rates
Date: 2010-12-15
Institutions: European Commission
Subjects: euro, exchange rate








C_2010340EN.01001601.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/16





Euro exchange rates (1)

14 December 2010
2010/C 340/09

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3435




JPY


Japanese yen


111,63




DKK


Danish krone


7,4536




GBP


Pound sterling


0,84865




SEK


Swedish krona


9,1284




CHF


Swiss franc


1,2916




ISK


Iceland króna


 




NOK


Norwegian krone


7,8960




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,162




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


277,33




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7097




PLN


Polish zloty


3,9900




RON


Romanian leu


4,2915




TRY


Turkish lira


2,0196




AUD


Australian dollar


1,3433




CAD


Canadian dollar


1,3531




HKD


Hong Kong dollar


10,4441




NZD


New Zealand dollar


1,7788




SGD


Singapore dollar


1,7457




KRW


South Korean won


1 531,16




ZAR


South African rand


9,1663




CNY


Chinese yuan renminbi


8,9411




HRK


Croatian kuna


7,4040




IDR


Indonesian rupiah


12 104,46




MYR


Malaysian ringgit


4,2000




PHP


Philippine peso


58,698




RUB


Russian rouble


41,2450




THB


Thai baht


40,312




BRL


Brazilian real


2,2802




MXN


Mexican peso


16,6511




INR


Indian rupee


60,3060






(1)  Source: reference exchange rate published by the ECB.
Information communicated by Member States regarding closure of fisheries
Date: 2010-12-15
Institutions: Spain
Subjects: Spain, catch of fish, fishing controls, fishing regulations, sea fish








C_2010340EN.01001801.xml










15.12.2010   


EN


Official Journal of the European Union


C 340/18





Information communicated by Member States regarding closure of fisheries
2010/C 340/11
In accordance with Article 35(3) of 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), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


10.6.2010




Duration


10.6.2010-31.12.2010




Member State


Spain




Stock or Group of stocks


ANE/08.




Species


Anchovy (Engraulis encrasicolus)




Zone


VIII




Type(s) of fishing vessels


—




Reference number


—




Web link to the decision of the Member State:
http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm


(1)  OJ L 343, 22.12.2009, p. 1.