do-me/EUR-LEX huggingface dataset:
Case T-382/08: Judgment of the General Court of 18 January 2011 — Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE) (Community trade mark — Opposition proceedings — Application for Community word mark VOGUE — Earlier national word mark VOGUE Portugal — Absence of genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))
Date: 2011-01-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, Portugal, action for annulment, trade-mark law








C_2011063EN.01002601.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/26





Judgment of the General Court of 18 January 2011 — Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE)
(Case T-382/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))
2011/C 63/49
Language of the case: English

Parties


Applicant: Advance Magazine Publishers Inc. (New York, United States) (represented by: M. Esteve Sanz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: J. Capela & Irmãos, Lda (Porto, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 June 2008 (Case R 328/2003-2) relating to opposition proceedings between J. Capela & Irmãos, Lda and Advance Magazine Publishers, Inc.

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 30 June 2008 (Case R 328/2003-2);










2.


Dismisses the action as to the remainder;










3.


Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.






(1)  OJ C 301, 22.11.2008.
Protocol to the Euro-Mediterranean Agreement between the EC and Jordan, to take account of the accession of Bulgaria and Romania to the EU *** European Parliament legislative resolution of 18 January 2011 on the draft Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (06903/2010 – C7-0384/2010 – 2007/0231(NLE))
Date: 2011-01-18
Institutions: Committee on Foreign Affairs, European Parliament
Subjects: Bulgaria, Jordan, Romania, Union for the Mediterranean, accession to the European Union, protocol to an agreement








CE2012136EN.01010502.xml










11.5.2012   


EN


Official Journal of the European Union


CE 136/105





Tuesday 18 January 2011Protocol to the Euro-Mediterranean Agreement between the EC and Jordan, to take account of the accession of Bulgaria and Romania to the EU ***
P7_TA(2011)0002
European Parliament legislative resolution of 18 January 2011 on the draft Council decision on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (06903/2010 – C7-0384/2010 – 2007/0231(NLE))
2012/C 136 E/21
(Consent)

The European Parliament,






—


having regard to the draft Council decision (06903/2010),










—


having regard to the draft Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (09373/2008),










—


having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0384/2010),










—


having regard to Rules 81, 90(8) and 46(1) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Foreign Affairs (A7-0373/2010),










1.


Consents to conclusion of the Protocol;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Hashemite Kingdom of Jordan.
Notice concerning the provisional application of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway
Date: 2011-01-18
Institutions: European Economic Community, Norway
Subjects: EFTA countries, European Economic Area, agreement (EU), fishery product, free-trade agreement, protocol to an agreement, tariff quota








L_2011013EN.01000202.xml










18.1.2011   


EN


Official Journal of the European Union


L 13/2







Notice concerning the provisional application of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway

The Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway (1), signed in Brussels on 28 July 2010, will be provisionally applicable, by virtue of Article 5, third paragraph of the Protocol, as of 1 March 2011.


(1)  
            OJ L 291, 9.11.2010, p. 18.
Case C-304/10: Order of the President of the Court of 18 January 2011 — European Commission v Republic of Poland
Date: 2011-01-18
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, border control, carriage of passengers, personal data, transport company








C_2011120EN.01001002.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/10





Order of the President of the Court of 18 January 2011 — European Commission v Republic of Poland
(Case C-304/10) (1)

2011/C 120/24
Language of the case: Polish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 246, 11.09.2010.
Non-opposition to a notified concentration (Case COMP/M.6007 — Nokia Siemens Networks/Motorola Network Business)  Text with EEA relevance
Date: 2011-01-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, telecommunications industry








C_2011014EN.01000701.xml










18.1.2011   


EN


Official Journal of the European Union


C 14/7





Non-opposition to a notified concentration
(Case COMP/M.6007 — Nokia Siemens Networks/Motorola Network Business)
(Text with EEA relevance)
2011/C 14/03
On 15 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 32010M6007. EUR-Lex is the on-line access to the European law.
Case C-232/10: Order of the President of the Court of 18 January 2011 — European Commission v Republic of Poland
Date: 2011-01-18
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, financial market, freedom to provide services, national implementing measure








C_2011120EN.01000902.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/9





Order of the President of the Court of 18 January 2011 — European Commission v Republic of Poland
(Case C-232/10) (1)

2011/C 120/18
Language of the case: Polish
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 209, 31.07.2010.
EC–West African Economic and Monetary Union air services agreement *** European Parliament legislative resolution of 18 January 2011 on the draft Council decision on the conclusion of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services (06646/2010 – C7-0103/2010 – 2008/0145(NLE))
Date: 2011-01-18
Institutions: Committee on Transport and Tourism, European Parliament
Subjects: West African Economic and Monetary Union, agreement (EU), air transport








CE2012136EN.01010601.xml










11.5.2012   


EN


Official Journal of the European Union


CE 136/106





Tuesday 18 January 2011EC–West African Economic and Monetary Union air services agreement ***
P7_TA(2011)0003
European Parliament legislative resolution of 18 January 2011 on the draft Council decision on the conclusion of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services (06646/2010 – C7-0103/2010 – 2008/0145(NLE))
2012/C 136 E/22
(Consent)

The European Parliament,






—


having regard to the draft Council decision (06646/2010),










—


having regard to the draft Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services (06190/2009),










—


having regard to the request for consent submitted by the Council in accordance with Article 100(2), Article 218(8), first subparagraph, and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0103/2010),










—


having regard to Rules 81 and 90(8) of its Rules of Procedure,










—


having regard to the recommendation of the Committee on Transport and Tourism (A7-0361/2010),










1.


Consents to conclusion of the Agreement;










2.


Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the West African Economic and Monetary Union.
Notice concerning the provisional application of the Agreement amending for the second time the Partnership Agreement between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as first amended in Luxembourg on 25 June 2005
Date: 2011-01-18
Institutions: African, Caribbean and Pacific Group of States, European Union
Subjects: ACP countries, Cotonou Agreement, revision of an agreement, signature of an agreement








L_2011013EN.01000101.xml










18.1.2011   


EN


Official Journal of the European Union


L 13/1







Notice concerning the provisional application of the Agreement amending for the second time the Partnership Agreement between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as first amended in Luxembourg on 25 June 2005
         

The Agreement amending for the second time the Partnership Agreement between the African, Caribbean and Pacific States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 as first amended in Luxembourg on 25 June 2005
          (1), was opened for signature in Ouagadougou on 22 June 2010 and thereafter from 1 July to 31 October 2010 at the General Secretariat of the Council of the European Union in Brussels.
The last signature having taken place on 31 October 2010, in accordance with Decision No 2/2010 of the ACP-EU Council of Ministers of 21 June 2010 on transitional measures applicable from the date of signing to the date of entry into force of the Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005
          (2), this Agreement is therefore provisionally applied as from 31 October 2010.


(1)  
            OJ L 287, 4.11.2010, p. 3.

(2)  
            OJ L 287, 4.11.2010, p. 68.
2011/39/EU: Council Decision of 18 January 2011 appointing one Austrian member and two Austrian alternate members of the Committee of the Regions
Date: 2011-01-18
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, alternate, appointment of members








L_2011019EN.01001501.xml










22.1.2011   


EN


Official Journal of the European Union


L 19/15








            COUNCIL DECISION
         
of 18 January 2011
         
appointing one Austrian member and two Austrian alternate members of the Committee of the Regions
(2011/39/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal from the Austrian Government,

Whereas:







(1)


On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).












(2)


A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Franz VOVES.












(3)


Two alternate members’ seats have become vacant following the end of the term of office of Mr Hermann SCHÜTZENHÖFER and Mr Walter PRIOR,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as a member:






—


Herr Landesrat Dr Christian BUCHMANN, Landesrat in der Steiermärkischen Landesregierung;




and










(b)


as alternate members:






—


Frau Landesrätin Mag. Elisabeth GROSSMANN, Landesrätin in der Steiermärkischen Landesregierung,










—


Herr Klubobmann Christian ILLEDITS, Abgeordneter zum Burgenländischen Landtag; Klubobmann der SPÖ-Fraktion.










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 18 January 2011.


For the Council


The President

Gy. MATOLCSY
            





(1)  
            OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.
Case C-28/11: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 18 January 2011 — Eurogate Distribution GmbH v Hauptzollamt Hamburg-Stadt
Date: 2011-01-18
Institutions: Court of Justice
Subjects: EU customs procedure, import, interpretation of the law, third country








C_2011130EN.01000802.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/8





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 18 January 2011 — Eurogate Distribution GmbH v Hauptzollamt Hamburg-Stadt
(Case C-28/11)
2011/C 130/15
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: Eurogate Distribution GmbH

Defendant: Hauptzollamt Hamburg-Stadt

Question referred

On a proper interpretation of Article 204(1)(a) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1) (‘the Customs Code’) does infringement of the obligation, in the case of non-Community goods which were in the customs warehousing procedure and acquired a new customs destination at the termination of that procedure, to record the removal of the goods from the customs warehouse in the apposite computer programme forthwith upon termination of the customs warehousing procedure — rather than considerably later — cause a customs debt to arise in respect of the goods?


(1)  OJ 1992 L 302, p. 1
Case T-26/11: Action brought on 18 January 2011 — Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey colours)
Date: 2011-01-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, textile industry, trade-mark law








C_2011072EN.01002901.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/29





Action brought on 18 January 2011 — Fraas v OHIM (Tartan pattern in black, beige, brown, dark red and grey colours)
(Case T-26/11)
2011/C 72/46
Language in which the application was lodged: German

Parties


Applicant: V. Fraas GmbH (Helmsbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2010 in Case R 1317/2010-4;










—


Order the Office for Harmonisation in the Internal Market to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark, which shows a tartan pattern in black, beige, brown, dark red and grey colours, for goods in classes 18, 24 and 25.

Decision of the Examiner: Rejection of the registration.

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

Pleas in law: Infringement of Article 7(1)(b) read in conjunction with Article 7(2) of Regulation (EC) No 207/2009, (1) since the trade mark concerned is distinctive, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 because the Board of Appeal failed to deal with the applicant’s extensive factual and legal submissions.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
2011/41/EU: Council Decision of 18 January 2011 appointing three Dutch members and six Dutch alternate members of the Committee of the Regions
Date: 2011-01-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Netherlands, alternate, appointment of members








L_2011019EN.01001701.xml










22.1.2011   


EN


Official Journal of the European Union


L 19/17








            COUNCIL DECISION
         
of 18 January 2011
         
appointing three Dutch members and six Dutch alternate members of the Committee of the Regions
(2011/41/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal from the Dutch Government,

Whereas:







(1)


On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).












(2)


Three members’ seats on the Committee of the Regions have become vacant following the end of the term of office of Ms Annemarie JORRITSMA-LEBBINK, Ms Luzette WAGENAAR-KROON and Mr Rob BATS.












(3)


Four alternate members’ seats have become vacant following the end of the term of office of Ms Ellie FRANSSEN, Mr Job COHEN, Ms Rinda DEN BESTEN and Mr Hendrikus DE LANGE.












(4)


Two alternate members’ seats will become vacant following the appointment of Mr Hans KOK and Mr Henk KOOL as members of the Committee of the Regions,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as members:






—


Mr H.A.J. (Hans) KOK, Burgemeester (Mayor of ‘t Hof van Twente),










—


Mr H.P.M (Henk) KOOL, Wethouder (alderman of The Hague),










—


Mr S.B. (Sipke) SWIERSTRA, Gedeputeerde (member of the Executive Council) of the Province of Drenthe;




and










(b)


as alternate members:






—


Mr H.A.J. (Henk) AALDERINK, Burgemeester (Mayor of Bronckhorst),










—


Mr J.P. (Jean Paul) GEBBEN, Burgemeester (Mayor of Renkum),










—


Mr J.P.W. (Jan Willem) GROOT, Wethouder (alderman of Amstelveen),










—


Ms L.W.C.M. (Loes) van der MEIJS, Wethouder (alderman of Doetinchem),










—


Mr N.A. (André) van de NADORT, Burgemeester (Mayor of Ten Boer),










—


Mr F. (Frank) de VRIES, Wethouder (alderman of Groningen).










Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 18 January 2011.


For the Council


The President

Gy. MATOLCSY
            





(1)  
            OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.
2011/40/EU: Council Decision of 18 January 2011 appointing a Slovak alternate member of the Committee of the Regions
Date: 2011-01-18
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Slovakia, alternate, appointment of members








L_2011019EN.01001601.xml










22.1.2011   


EN


Official Journal of the European Union


L 19/16








            COUNCIL DECISION
         
of 18 January 2011
         
appointing a Slovak alternate member of the Committee of the Regions
(2011/40/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Slovak Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).












(2)


An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Pavol FREŠO,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2015:






—


Mr Juraj BLANÁR





predseda Žilinského samosprávneho kraja.



Article 2
This Decision shall take effect on the day of its adoption.




Done at Brussels, 18 January 2011.


For the Council


The President

Gy. MATOLCSY
            





(1)  
            OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.