do-me/EUR-LEX huggingface dataset:
Case T-437/09: Judgment of the General Court of 2 February 2011 — Oyster Cosmetics v OHIM — Kadabell (Oyster cosmetics) (Community trade mark — Opposition proceedings — Application for Community figurative mark Oyster cosmetics — Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-02-02
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cosmetic product, polishing and scouring preparations, trade-mark law








C_2011080EN.01001801.xml










12.3.2011   


EN


Official Journal of the European Union


C 80/18





Judgment of the General Court of 2 February 2011 — Oyster Cosmetics v OHIM — Kadabell (Oyster cosmetics)
(Case T-437/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Oyster cosmetics - Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 80/34
Language of the case: English

Parties


Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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, intervener before the General Court: Kadabell GmbH & Co. KG (Darmstadt, Germany) (represented by: K. Sandberg, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Oyster Cosmetics SpA to pay the costs.






(1)  OJ C 11, 16.1.2010.
Case T-76/11: Action brought on 2 February 2011 — Spain v Commission
Date: 2011-02-02
Institutions: General Court
Subjects: EU waters, action for annulment (EU), authorised catch, catch quota, common fisheries policy, fishery management, fishery resources, fishing regulations, fishing rights, sea fish








C_2011089EN.01002701.xml










19.3.2011   


EN


Official Journal of the European Union


C 89/27





Action brought on 2 February 2011 — Spain v Commission
(Case T-76/11)
2011/C 89/52
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant requests the Court to:






—


annul Commission Regulation (EU) No 1004/2010 of 8 November 2010 of operating deductions from certain fishing quotas for 2010 on account of overfishing in the previous year (OJ 2010 L 291, p. 31); and










—


order the defendant to pay the costs.





Pleas in law and main arguments

The applicant raises four pleas in law in support of its action:






1.


First plea in law, based on an error of legal basis, given that the legal basis for the impugned act is Article 105 of Council Regulation (EC) No 1224/2009 of 20 November 2009 (1), which entered into force on 1 January 2010, whilst the infringements to which the penalties at issue apply were committed in 2009.










2.


Second plea in law, based on breach of the principles of legality and legal certainty, since penalty rules are being applied which were not in force at the time the infringements occurred.










3.


Third plea in law, based on breach of the principle of non-retroactivity of less favourable penalty provisions, insofar as less favourable rules are being applied to infringements that occurred in 2009.










4.


Fourth plea in law, based on the fact that it may not be left to the Commission to determine the law applicable by reference to the time it chooses to commence an inquiry into a practice.






(1)  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, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
Commission Regulation (EU) No 91/2011 of 2 February 2011 entering a name in the register of protected designations of origin and protected geographical indications (Hofer Rindfleischwurst (PGI))
Date: 2011-02-02
Institutions: European Commission
Subjects: Germany, designation of origin, location of production, meat product, product designation








L_2011030EN.01001501.xml










4.2.2011   


EN


Official Journal of the European Union


L 30/15








            COMMISSION REGULATION (EU) No 91/2011
of 2 February 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Hofer Rindfleischwurst (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 ‘Hofer Rindfleischwurst’ was published in the Official Journal of the European Union (2).












(2)


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





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.


Article 2
This Regulation shall enter into force on the 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, 2 February 2011.


For the Commission, On behalf of the President,

Dacian CIOLOŞ
            

Member of the Commission






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

(2)  
            OJ C 138, 28.5.2010, p. 37.




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

Class 1.2.   Meat products (cooked, salted, smoked, etc.)

GERMANY
Hofer Rindfleischwurst (PGI)
Notice for the attention of the persons to which measures provided for in Council Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia apply
Date: 2011-02-02
Institutions: European Commission
Subjects: Tunisia, dictatorship, economic sanctions, international sanctions, natural person








C_2011033EN.01001801.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/18





Notice for the attention of the persons to which measures provided for in Council Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia apply
2011/C 33/06
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2011/72/CFSP (1) concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.
The Council of the European Union has decided that the persons that appear in the abovementioned Annex should be included in the list of persons subject to restrictive measures provided for in Decision 2011/72/CFSP concerning restrictive measures directed against certain persons and entities in view of the situation in Tunisia.
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons 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.


(1)  OJ L 28, 2.2.2011, p. 62.
Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against certain persons and entities in Côte d'Ivoire apply
Date: 2011-02-02
Institutions: European Commission
Subjects: Côte d'Ivoire, arms control, economic sanctions, import restriction, precious stones








C_2011033EN.01001601.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/16





Notice for the attention of the persons and entities to which restrictive measures provided for in Council Decision 2010/656/CFSP and in Council Regulation (EC) No 560/2005 concerning restrictive measures against certain persons and entities in Côte d'Ivoire apply
2011/C 33/04
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons and entities who appear in Annex II to Council Decision 2010/656/CFSP (1), as amended by Decision 2011/71/CFSP (2), and in Annex IA to Council Regulation (EC) No 560/2005 (3), as amended by Regulation (EU) No 85/2011 (4), imposing restrictive measures against certain persons and entities in Côte d'Ivoire.
The Council of the European Union has decided that the persons and entities that appear in the abovementioned Annexes should be included in the list of persons subject to restrictive measures provided for in Decision 2010/656/CFSP and in Regulation (EC) No 560/2005.
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 on the websites in Annex II to Regulation (EC) No 560/2005, 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 following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




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, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 285, 30.10.2010, p. 28.

(2)  OJ L 28, 2.2.2011, p. 60.

(3)  OJ L 95, 14.4.2005, p. 1.

(4)  OJ L 28, 2.2.2011, p. 32.
Commission communication in the framework of the implementation of Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (Withdrawal of the publication of the references to normative documents drawn up by OIML and the list of the parts thereof corresponding to the essential requirements (in conformity with Article 16.3 of the Directive))  Text with EEA relevance
Date: 2011-02-02
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, harmonisation of standards, measuring equipment, metrology, technical standard








C_2011033EN.01001301.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/13





Commission communication in the framework of the implementation of Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (1)


(Withdrawal of the publication of the references to normative documents drawn up by OIML and the list of the parts thereof corresponding to the essential requirements (in conformity with Article 16.3 of the Directive))

(Text with EEA relevance)
2011/C 33/02
The publication of the reference (2) concerning capacity serving measures (MI-008, Chapter II) in relation to OIML R29, edition 1979, is withdrawn.


(1)  OJ L 135, 30.4.2004.

(2)  OJ C 269, 4.11.2006, p. 1.
Case C-48/11: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 2 February 2011 — Veronsaajien oikeudenvalvontayksikkö
Date: 2011-02-02
Institutions: Court of Justice
Subjects: Finland, commercial law, interpretation of the law, public limited company, regulation of transactions








C_2011103EN.01001701.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/17





Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 2 February 2011 — Veronsaajien oikeudenvalvontayksikkö
(Case C-48/11)
2011/C 103/30
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Applicant: Veronsaajien oikeudenvalvontayksikkö

Defendant: A Oy

Question referred

Is an exchange of shares in which a Finnish limited company transfers to a Norwegian company (in the corporate form of an aksjeselskap [public limited company]) shares of a company which it owns and receives as consideration shares issued by the Norwegian company to be treated in taxation (taking account of Articles 31 and 40 of the EEA Agreement) neutrally in the same way as if the exchange of shares were between domestic companies or companies with their seat in Member States of the European Union?
Notice for the attention of the persons to which measures provided for in Council Decision 2011/69/CFSP and in Council Regulation (EU) No 84/2011 amending Regulation (EC) No 765/2006 apply
Date: 2011-02-02
Institutions: European Commission
Subjects: Belarus, dictatorship, economic sanctions, international sanctions, natural person








C_2011033EN.01001701.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/17





Notice for the attention of the persons to which measures provided for in Council Decision 2011/69/CFSP and in Council Regulation (EU) No 84/2011 amending Regulation (EC) No 765/2006 apply
2011/C 33/05
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons that appear in Annexes I to V to Council Decision 2011/69/CFSP (1) and in Annexes I and II to Council Implementing Regulation (EU) No 84/2011 (2) amending Regulation (EC) No 765/2006.
The Council of the European Union has decided that the persons that appear in the above-mentioned Annexes should be included in the lists of persons subject to restrictive measures provided for in Decision 2011/69/CFSP and in Regulation (EU) No 84/2011 amending Regulation (EC) No 765/2006.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the web-sites in Annex III to Regulation (EU) No 84/2011 amending Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned list should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons 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, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 28, 2.2.2011, p. 40.

(2)  OJ L 28, 2.2.2011, p. 17.
Case C-47/11: Reference for a preliminary ruling from the Judecătoria Timișoara (Romania) lodged on 2 February 2011 — SC Volksbank România SA v Autoritatea Națională Pentru Protecția Consumatorilor CRPC ARAD TIMIȘ
Date: 2011-02-02
Institutions: Court of Justice
Subjects: Romania, contract, interpretation of the law, national implementing measure








C_2011113EN.01000702.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/7





Reference for a preliminary ruling from the Judecătoria Timișoara (Romania) lodged on 2 February 2011 — SC Volksbank România SA v Autoritatea Națională Pentru Protecția Consumatorilor CRPC ARAD TIMIȘ
(Case C-47/11)
2011/C 113/13
Language of the case: Romanian

Referring court

Judecătoria Timișoara

Parties to the main proceedings


Applicant: SC Volksbank România SA

Defendant: Autoritatea Națională Pentru Protecția Consumatorilor — Comisariatul Județean pentru Protecția Comsumatorilor (CRPC) ARAD TIMIȘ

Questions referred







1.


Is Article 30(1) of Directive 2008/48 (1) to be interpreted as precluding Member States from providing that national legislation transposing that directive is also to apply to agreements concluded before that national legislation entered into force?










2.


Is Article 22(1) of Directive 2008/48 to be interpreted as establishing the maximum level of harmonisation in the field of consumer credit agreements, by virtue of which Member States may not:






2.1.


extend the scope of the rules laid down in Directive 2008/48 to cover agreements expressly excluded from the scope of that directive (such as mortgage loan agreements); or










2.2.


introduce additional obligations for credit institutions as regards the types of charge which they may apply in consumer credit agreements falling within the scope of the national implementing legislation?














3.


If Question (2) is answered in the negative, are the principles of freedom to provide services and the free movement of capital to be interpreted as precluding a Member State from imposing measures on credit institutions under which they may not, in consumer credit agreements, apply bank charges which are not on the list of permitted charges, unless those permitted charges have been defined in the legislation of the State concerned?






(1)  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ 2008 L 133, p. 66).
Case F-7/11: Action brought on 2 February 2011 — AX v ECB
Date: 2011-02-02
Institutions: Civil Service Tribunal
Subjects: European Central Bank, European official, action for annulment (EU), indemnification








C_2011152EN.01003301.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/33





Action brought on 2 February 2011 — AX v ECB
(Case F-7/11)
2011/C 152/58
Language of the case: English

Parties


Applicant: AX (represented by: L. Levi and M. Vandenbussche, lawyers)

Defendant: European Central Bank

Subject-matter and description of the proceedings

The annulment of the ECB's decision suspending the applicant with effect from 5 August 2010 and the claim for damages.

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the ECB dated 4 August 2010 suspending the applicant with effect from 5 August 2010;










—


as a consequence, order the full reinstatement of the Appellant in his function with the appropriate publicity in order to restore his good name;










—


in any case, order the compensation of the moral prejudice suffered by the Appellant evaluated ex aequo et bono at 20 000,00 EUR;










—


order the ECB to pay the costs.
Corrigendum to Communication from the Commission, Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements ( OJ C 11, 14.1.2011 )
Date: 2011-02-02
Institutions: European Commission
Subjects: competition law, cooperation agreement, horizontal agreement, merger control, single market








C_2011033EN.01002001.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/20





Corrigendum to Communication from the Commission, Guidelines on the applicability of Article 101 of the Treaty on the Functioning of the European Union to horizontal co-operation agreements
(
Official Journal of the European Union C 11 of 14 January 2011
)
2011/C 33/08
On page 5, paragraph 8:
for:
‘These guidelines complement Commission Regulation (EU) No […] of […] on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements (1) (‘the R&D Block Exemption Regulation’) and Commission Regulation (EU) No […] of […] on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements (2) (‘the Specialisation Block Exemption Regulation’).’;
read:
‘These guidelines complement Commission Regulation (EU) No 1217/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of research and development agreements (1) (‘the R&D Block Exemption Regulation’) and Commission Regulation (EU) No 1218/2010 of 14 December 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to certain categories of specialisation agreements (2) (‘the Specialisation Block Exemption Regulation’).’;
on page 5, footnote 1:
for:

‘OJ L […], […], p. […].’;

read:

‘OJ L 335, 18.12.2010, p. 36.’;

on page 5, footnote 2:
for:

‘OJ L […], […], p. […].’;

read:

‘OJ L 335, 18.12.2010, p. 43.’.
Interest rate applied by the European Central Bank to its main refinancing operations: 1,00 % on 1 February 2011 — Euro exchange rates
Date: 2011-02-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate








C_2011033EN.01001901.xml










2.2.2011   


EN


Official Journal of the European Union


C 33/19





Interest rate applied by the European Central Bank to its main refinancing operations (1):
1,00 % on 1 February 2011
Euro exchange rates (2)

1 February 2011
2011/C 33/07

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3755




JPY


Japanese yen


112,19




DKK


Danish krone


7,4548




GBP


Pound sterling


0,85360




SEK


Swedish krona


8,8050




CHF


Swiss franc


1,2954




ISK


Iceland króna


 




NOK


Norwegian krone


7,8820




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,111




HUF


Hungarian forint


271,60




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7023




PLN


Polish zloty


3,9138




RON


Romanian leu


4,2580




TRY


Turkish lira


2,1873




AUD


Australian dollar


1,3647




CAD


Canadian dollar


1,3717




HKD


Hong Kong dollar


10,7180




NZD


New Zealand dollar


1,7671




SGD


Singapore dollar


1,7539




KRW


South Korean won


1 529,77




ZAR


South African rand


9,8480




CNY


Chinese yuan renminbi


9,0604




HRK


Croatian kuna


7,4180




IDR


Indonesian rupiah


12 418,70




MYR


Malaysian ringgit


4,1980




PHP


Philippine peso


60,722




RUB


Russian rouble


40,7470




THB


Thai baht


42,517




BRL


Brazilian real


2,2914




MXN


Mexican peso


16,6367




INR


Indian rupee


62,9570






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.