do-me/EUR-LEX huggingface dataset:
Case T-565/10: Action brought on 21 December 2010 — ThyssenKrupp Steel Europe v OHIM (Highprotect)
Date: 2010-12-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011055EN.01002601.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/26





Action brought on 21 December 2010 — ThyssenKrupp Steel Europe v OHIM (Highprotect)
(Case T-565/10)
2011/C 55/47
Language in which the application was lodged: German

Parties


Applicant: ThyssenKrupp Steel Europe AG (Duisburg, Germany) (represented by U. Ulrich, lawyer)

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

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 30 September 2010 in Case R 1038/2010-1;










—


Order OHIM to pay the costs of the proceedings, including those incurred in the appeal proceedings.





Pleas in law and main arguments


Community trade mark concerned: Word mark ‘Highprotect’ for goods in Class 6.

Decision of the Examiner: Registration refused.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, (1) since the trade mark concerned is not devoid of distinctive character and is not descriptive.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
Case C-603/10: Reference for a preliminary ruling from the Upravno sodišče (Slovenia) lodged on 21 December 2010 — Pelati d.o.o. v Republic of Slovenia
Date: 2010-12-21
Institutions: Court of Justice
Subjects: demerger, interpretation of the law, merger, organisation, share, tax system








C_2011080EN.01001201.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/12





Reference for a preliminary ruling from the Upravno sodišče (Slovenia) lodged on 21 December 2010 — Pelati d.o.o. v Republic of Slovenia
(Case C-603/10)
2011/C 80/22
Language of the case: Slovenian

Referring court

Upravno sodišče

Parties to the main proceedings


Applicant: Pelati d.o.o.

Defendant: Republic of Slovenia

Question referred

Must Article 11 of Council Directive 90/434/EEC (1) be interpreted as precluding a provision of domestic law in accordance with which the Republic of Slovenia, as a Member State, makes tax relief for a commercial company wishing to effect a division (splitting off of part of the company and formation of a new company) subject to the presentation within time-limits of a request for the issuing of authorisation of the grant of tax advantages, consequent upon the division if the conditions laid down have been satisfied, or in accordance with which the person liable to pay the tax automatically loses, because the time-limit has been passed, the tax advantages provided for under domestic law?


(1)  Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States, OJ 1990 L 225, p. 1.
Case F-29/10: Order of the Civil Service Tribunal of 21 December 2010 — Lorenzo v European Social and Economic Committee
Date: 2010-12-21
Institutions: Civil Service Tribunal
Subjects: European Economic and Social Committee, European official, action for annulment, promotion








C_2011046EN.01001601.xml










12.2.2011   


EN


Official Journal of the European Union


C 46/16





Order of the Civil Service Tribunal of 21 December 2010 — Lorenzo v European Social and Economic Committee
(Case F-29/10) (1)

2011/C 46/30
Language of the case: French
The President of the First Chamber has ordered that the case be removed from the register.


(1)  OJ C 179, 3.7.2010, p. 59.
Notice of the impending expiry of certain anti-dumping measures
Date: 2010-12-21
Institutions: European Commission
Subjects: Croatia, Russia, Ukraine, anti-dumping duty, anti-dumping legislation, originating product, piping








C_2010348EN.01001601.xml










21.12.2010   


EN


Official Journal of the European Union


C 348/16





Notice of the impending expiry of certain anti-dumping measures
2010/C 348/10
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (1) on protection against dumped imports from countries not members of the European Community, the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry




Seamless pipes and tubes, of iron or steel


Croatia
Ukraine
Russia


Anti-dumping duty


Council Regulation (EC) No 954/2006 (OJ L 175, 29.6.2006, p. 4) as amended by Council Regulation (EC) No 812/2008 (OJ L 220, 15.8.2008, p. 1)


30.6.2011






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.
Case C-624/10: Action brought on 21 December 2010 — European Commission v French Republic
Date: 2010-12-21
Institutions: Court of Justice
Subjects: France, VAT, action for failure to fulfil an obligation, basis of tax assessment, tax system








C_2011072EN.01001601.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/16





Action brought on 21 December 2010 — European Commission v French Republic
(Case C-624/10)
2011/C 72/28
Language of the case: French

Parties


Applicant: European Commission (represented by: M. Afonso, acting as Agent)

Defendant: French Republic

Form of order sought







—


declare that, by providing in Title IV of Administrative Instruction No 105 of 23 June 2006 (3 A-9-06) for an administrative concession derogating from a VAT reverse charge scheme and necessitating, among other things, the designation of a tax representative by a seller or provider established outside of France, the French Republic has failed to fulfil its obligations under the VAT Directive and, in particular, Articles 168, 171, 193, 194, 204 and 214 thereof;










—


order the French Republic to pay the costs.





Pleas in law and main arguments

By its action, the Commission claims that the French legislation derogating from a VAT reverse charge scheme is, in a number of respects, contrary to the law of the European Union.
Firstly, the taxable persons who wish to benefit from the scheme introduced by Title IV of Administrative Instruction 3 A-9-06 are obliged to designate a tax representative, which is not in accordance with Article 204 of the VAT Directive. That article allows Member States to impose such an obligation only in the case where no instrument exists, with the country in which the taxable person is established, organising mutual assistance in indirect taxation matters similar to that provided for within the European Union.
Secondly, the administrative concession is also subject to the obligation for the seller to identify him or herself for VAT purposes in France, which is not in accordance with Article 214(1) of the VAT Directive. Under that provision the duty to identify oneself for VAT purposes does not apply to those taxable persons who carry out, in the territory of a Member State in which they are not established, supplies of goods or services subject to reverse charge by the customer, in particular in application of Article 194 of the VAT Directive.
Thirdly and finally, the scheme provides for the offsetting of the deductible VAT of the seller or provider against the VAT collected by one or more of his or her customers. That is not in accordance with the provisions of Articles 168 and 171 of the VAT Directive, which provide that the set-off between deductible VAT and collected VAT is to apply on an individual level to each taxable person. Such a derogating scheme also cannot be based upon Article 11 of that directive.
2010/796/CFSP: Political and Security Committee Decision EUPOL COPPS/1/2010 of 21 December 2010 extending the mandate of the Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
Date: 2010-12-21
Institutions: Political and Security Committee
Subjects: EU police cooperation, Palestine, appointment of staff, common foreign and security policy, peacekeeping, the EU's international role








L_2010338EN.01004901.xml










22.12.2010   


EN


Official Journal of the European Union


L 338/49








            POLITICAL AND SECURITY COMMITTEE DECISION EUPOL COPPS/1/2010
of 21 December 2010
         
extending the mandate of the Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
(2010/796/CFSP)


THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,


Having regard to Council Decision 2010/784/CFSP of 17 December 2010 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) (1), and in particular Article 10(1) thereof,

Whereas:







(1)


Pursuant to Article 10(1) of Decision 2010/784/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of EUPOL COPPS, including in particular the decision to appoint a Head of Mission.












(2)


The High Representative of the Union for Foreign Affairs and Security Policy has proposed an extension of the mandate of Mr Henrik MALMQUIST as Head of EUPOL COPPS,





HAS ADOPTED THIS DECISION:



Article 1
The mandate of Mr Henrik MALMQUIST as Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) is hereby extended from 1 January 2011 until 31 December 2011.


Article 2
This Decision shall enter into force on the date of its adoption.
It shall apply until 31 December 2011.




Done at Brussels, 21 December 2010.


For the Political and Security Committee


The President

W. STEVENS
            





(1)  
            OJ L 335, 18.12.2010, p. 60.
Euro exchange rates
Date: 2010-12-21
Institutions: European Commission
Subjects: euro, exchange rate








C_2010348EN.01000501.xml










21.12.2010   


EN


Official Journal of the European Union


C 348/5





Euro exchange rates (1)

20 December 2010
2010/C 348/05

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3147




JPY


Japanese yen


110,10




DKK


Danish krone


7,4499




GBP


Pound sterling


0,84620




SEK


Swedish krona


8,9860




CHF


Swiss franc


1,2698




ISK


Iceland króna


 




NOK


Norwegian krone


7,8605




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,265




EEK


Estonian kroon


15,6466




HUF


Hungarian forint


274,83




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7094




PLN


Polish zloty


3,9966




RON


Romanian leu


4,2915




TRY


Turkish lira


2,0470




AUD


Australian dollar


1,3232




CAD


Canadian dollar


1,3316




HKD


Hong Kong dollar


10,2258




NZD


New Zealand dollar


1,7718




SGD


Singapore dollar


1,7315




KRW


South Korean won


1 517,48




ZAR


South African rand


8,9648




CNY


Chinese yuan renminbi


8,7750




HRK


Croatian kuna


7,3843




IDR


Indonesian rupiah


11 886,00




MYR


Malaysian ringgit


4,1372




PHP


Philippine peso


58,467




RUB


Russian rouble


40,4550




THB


Thai baht


39,681




BRL


Brazilian real


2,2466




MXN


Mexican peso


16,3115




INR


Indian rupee


59,7140






(1)  Source: reference exchange rate published by the ECB.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/788/CFSP apply
Date: 2010-12-21
Institutions: Council of the European Union
Subjects: administrative sanction, economic sanctions, international sanctions, legal person, natural person, terrorism








C_2010348EN.01000301.xml










21.12.2010   


EN


Official Journal of the European Union


C 348/3





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/788/CFSP apply
2010/C 348/04
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities that appear in the Annex to Council Decision 2010/788/CFSP.
The United Nations Security Council has designated the persons and entities that should be included in the list of persons and entities subject to the measures imposed by paragraphs 13 and 15 of Resolution 1596 (2005), as renewed by paragraph 3 of Resolution 1952 (2010).
The persons and entities concerned may submit at any time a request to the UN Committee established pursuant to paragraph 8 of UNSCR 1533 (2004), together with any supporting documentation, for the decisions to include them in the UN list to be reconsidered. Such request should be sent to the following address:





United Nations — Focal point for delisting




Security Council Subsidiary Organs Branch




Room S-3055 E




New York, NY 10017




UNITED STATES OF AMERICA




See for more information at: http://www.un.org/sc/committees/751/comguide.shtml
Further to the UN decision, the Council of the European Union has determined that the persons and entities that appear in the abovementioned Annex should be included in the list of persons and entities which are subject to the restrictive measures provided for in Council Decision 2010/788/CFSP. The grounds for designation of the persons and entities concerned appear in the relevant entries in Annex to the Council Decision.
The attention of the persons and entities concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EC) No 1183/2005, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons and entities concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered, to the address provided above.
The attention of the persons and entities concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.
Case T-594/10 P: Appeal brought on 21 December 2010 by Luigi Marcuccio against the judgment of the Civil Service Tribunal delivered on 6 October 2010 in Case F-2/10, Marcuccio v Commission
Date: 2010-12-21
Institutions: General Court
Subjects: Civil Service Tribunal, European official, action by staff, health expenditure, health insurance, redemption








C_2011055EN.01003301.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/33





Appeal brought on 21 December 2010 by Luigi Marcuccio against the judgment of the Civil Service Tribunal delivered on 6 October 2010 in Case F-2/10, Marcuccio v Commission
(Case T-594/10 P)
2011/C 55/59
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant







—


In any event, set aside in its entirety and without exception the order under appeal.










—


Declare that the action at first instance, in relation to which the order under appeal was made, was perfectly admissible.










—


Allow in its entirety and without any exception whatsoever the relief sought by the appellant at first instance.










—


Order the Commission to reimburse the appellant in respect of all costs, disbursements and fees incurred by him in relation to both the proceedings at first instance and the present appeal proceedings.










—


In the alternative, refer the case back to the Civil Service Tribunal, sitting in a different formation, for a fresh decision.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal (CST) of 6 October 2010. That order dismissed as partly manifestly inadmissible and partly unfounded an action directed against the Commission’s refusal of his request for 100 % reimbursement of medical expenses relating to the illness from which he suffers.
In support of his appeal, the appellant submits that the findings concerning the object of the action and its admissibility were unlawful.
The appellant also alleges incorrect and unreasonable interpretation and application of Articles 90 and 91 of the Staff Regulations of Officials of the European Union and Article 94 of the Rules of Procedure of Civil Service Tribunal, a total failure to state reasons and failure to give a ruling on claim made by the appellant.
Non-opposition to a notified concentration (Case COMP/M.6034 — Nordic Capital/SafeRoad/ViaCon)  Text with EEA relevance
Date: 2010-12-21
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control








C_2010348EN.01000201.xml










21.12.2010   


EN


Official Journal of the European Union


C 348/2





Non-opposition to a notified concentration
(Case COMP/M.6034 — Nordic Capital/SafeRoad/ViaCon)
(Text with EEA relevance)
2010/C 348/03
On 14 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 32010M6034. EUR-Lex is the on-line access to the European law.
Case T-572/10: Action brought on 21 December 2010 — Commission v Commune de Millau
Date: 2010-12-21
Institutions: General Court
Subjects: EU financing, European Commission, France, action for annulment (EU), appeal, regional development








C_2011072EN.01001902.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/19





Action brought on 21 December 2010 — Commission v Commune de Millau
(Case T-572/10)
2011/C 72/33
Language of the case: French

Parties


Applicant: European Commission (represented by: S. Petrova, Agent, and E. Bouttier, avocat)

Defendant: Commune de Millau (Millau, France)

Form of order sought

The applicant claims that the General Court should:






—


declare that the Commune de Millau (municipality of Millau) is jointly and severally liable for the undertakings made by, and the debts of, the Société d’économie mixte d’équipement de l’Aveyron (the Aveyron semi-public installations company) (SEMEA) with respect to the European Commission;










—


order the Commune de Millau to pay jointly and severally with SEMEA to the applicant the principal sum of EUR 41 012, plus interest outstanding since 10 March 1992 or, in the alternative, from 27 April 1993;










—


order the capitalisation of interest;










—


order the Commune de Millau to pay jointly and severally with SEMEA the sum of EUR 5 000 in respect of SEMEA's wrongful obstruction of legal process;










—


order the Commune de Millau to pay jointly and severally with SEMEA the costs of the present case;










—


order the joining of the present case with Case T-168/10 Commission v SEMEA






Pleas in law and main arguments

The pleas in law and main arguments put forward by the applicant are identical to those advanced in Case T-168/10 Commission v SEMEA, (1) the Commission claiming furthermore that the Commune de Millau is jointly and severally liable for repayment of SEMEA's debt, in so far as the Commune de Millau took over SEMEA's assets and liabilities, including the contract concluded between SEMEA and the Commission which forms the basis of the dispute.


(1)  OJ 2010 C 161, p. 48.
Case T-579/10: Action brought on 21 December 2010 — macros consult GmbH v OHIM (makro)
Date: 2010-12-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, trade-mark law








C_2011055EN.01003001.xml










19.2.2011   


EN


Official Journal of the European Union


C 55/30





Action brought on 21 December 2010 — macros consult GmbH v OHIM (makro)
(Case T-579/10)
2011/C 55/54
Language in which the application was lodged: German

Parties


Applicant: macros consult GmbH — Unternehmensberatung für Wirtschafts- und Finanztechnologie (Ottobrunn, Germany) (represented by: T. Raible, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany)

Form of order sought

The applicant claims that the General Court should






—


Alter the decision of the Fourth Board of Appeal of OHIM given on 18 October 2010 in Case R 339/2009-4 so that the appeal brought by the applicant before the Board of Appeal is well-founded and therefore the application for a declaration of invalidity is granted;










—


Order OHIM and MIP Metro Group to pay the costs incurred in the invalidity proceedings, appeal proceedings and the present proceedings.





Pleas in law and main arguments


Registered Community trade mark in respect of which a declaration of invalidity has been sought: Figurative mark containing the word element ‘makro’ and registered in respect of goods and services in classes 1 to 42.

Proprietor of the Community trade mark: MIP Metro Group Intellectual Property GmbH & Co. KG.

Applicant for the declaration of invalidity: The applicant.

Trade mark right of applicant for the declaration: Application for a declaration of invalidity under Article 53(1)(c) and Article 53(2) of Regulation (EC) No 207/2009 (1) brought against the registered goods and services in classes 9, 35, 36 and 41.

Decision of the Cancellation Division: Rejection of the application.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Breach of Article 53(1)(c) and Article 53(2) and Article 8(4) of Regulation (EC) No 207/2009, as the applicant used the designation ‘macros Consult’ as its name and business name/trade name already prior to the date of filing the application for the contested trade mark and therefore has a prior right under the first sentence of Paragraph 5(2) of the Law on trade marks (Markengesetz).


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).