do-me/EUR-LEX huggingface dataset:
Case T-103/11: Action brought on 16 February 2011 — Shang v OHIM (Justing)
Date: 2011-02-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011113EN.01001902.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/19





Action brought on 16 February 2011 — Shang v OHIM (Justing)
(Case T-103/11)
2011/C 113/38
Language in which the application was lodged: Italian

Parties


Applicant: Tiantian Shang (Rome, Italy) (represented by A. Salerni, lawyer)

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

Form of order sought







—


Annul the contested provision.










—


Alter the decision taken by OHIM and recognise the right of seniority enjoyed by national mark RM 2006C002075 in relation to Community trade mark 008391202, including the name and symbol, with all the effects thus entailed as provided for in Regulation No 40/94 on the Community trade mark, as replaced by Regulation No 207/2009.










—


In the alternative, given that both the national and the Community mark share at the very least a common name element, consisting in the word ‘Justing’, recognise that the name element of the mark, or the name ‘Justing’, has a right of seniority, extending to it the retroactive effects of Community registration, with the possible exclusion solely of the graphic illustration surrounding the name.





Pleas in law and main arguments


Community trade mark concerned: Figurative mark containing the word element ‘Justing’ (registration application No 8 391 203) for goods and services in Classes 18 and 25, in respect of which it is claimed that the national figurative mark (Italian registration No 1 217 203), which also contains the word element ‘Justing’, has a right of seniority

Decision of the Examiner: Rejected the application claiming seniority of the national figurative mark on the ground that the Italian mark and the Community mark are not the same.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Misapplication of Article 34 of Regulation No 207/2009 and infringement of Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs.
Joined Cases C-18/10 and C-37/10: Order of the President of the Court of 16 February 2011 (references for a preliminary ruling from the Landgericht Berlin — Germany) — Agrargenossenschaft Münchehof e.G. (C-18/10), Landwirtschaftliches Unternehmen e.G. Sondershausen (C-37/10) v BVVG Bodenverwertungs- und -verwaltungs GmbH
Date: 2011-02-16
Institutions: Court of Justice
Subjects: Germany, interpretation of the law, policy on agricultural structures








C_2011173EN.01000802.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/8





Order of the President of the Court of 16 February 2011 (references for a preliminary ruling from the Landgericht Berlin — Germany) — Agrargenossenschaft Münchehof e.G. (C-18/10), Landwirtschaftliches Unternehmen e.G. Sondershausen (C-37/10) v BVVG Bodenverwertungs- und -verwaltungs GmbH
(Joined Cases C-18/10 and C-37/10) (1)

2011/C 173/17
Language of the case: German
The President of the Court has ordered that the cases be removed from the register.


(1)  OJ C 80, 27.3.2010.

OJ C 100, 17.4.2010.
Call for proposals — Civil Protection Financial Instrument — Projects on prevention and preparedness
Date: 2011-02-16
Institutions: European Commission
Subjects: civil defence, financing, humanitarian aid








C_2011049EN.01001501.xml










16.2.2011   


EN


Official Journal of the European Union


C 49/15





Call for proposals — Civil Protection Financial Instrument — Projects on prevention and preparedness
2011/C 49/09






1.


The European Commission, Directorate-General for Humanitarian Aid and Civil Protection, Civil Protection Policy, Prevention, Preparedness and Disaster Risk Reduction Unit, is launching a call for proposals with the aim of identifying projects on preparedness and prevention which might be eligible for financial support in the framework of the Council Decision establishing a Civil Protection Financial Instrument (2007/162/EC) (1). This financial support will take the form of grants.










2.


The fields concerned, the nature and content of the actions and the financing conditions are set out in the relevant Grant Application Guide, which also contains detailed instructions on where and when to submit a proposal. The guide, as well as the relevant grant application forms can be downloaded from the Europa website at:
http://ec.europa.eu/echo/civil_protection/civil/prote/finance.htm










3.


The Summary Note of the proposals must be sent to the Commission to the address indicated in the Grant Application Guide by 18.3.2011. The Summary Note of the proposals must be submitted by post or private courier no later than 18.3.2011 (evidence shall be constituted by the date of dispatch, the postmark or the date of the deposit slip). They may also be delivered by hand to the specific address indicated in the Guide no later than 18.3.2011 at 17:00 (evidence shall be the acknowledgement of receipt dated and signed by the responsible official).
Summary notes of proposals submitted by fax, electronic mail, incomplete applications, or applications sent in several parts will not be accepted.










4.


The procedure for the award of grants is scheduled as follows:






—


receipt, recording and acknowledgement of receipt by the Commission,










—


appraisal of the proposals by the Commission,










—


award decision and notification of the result to the applicants.




Beneficiaries will be selected on the basis of the criteria set out in the guide mentioned in points 8.3, 8.4, 8.5, 8.6 and 8.7 and within the limits of the available budget.
In the event of approval by the Commission, a grant agreement (made out in euro) will be concluded between the Commission and the party submitting the proposal.
The procedure is strictly confidential.






(1)  OJ L 71, 10.3.2007, p. 9.
Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP apply
Date: 2011-02-16
Institutions: Council of the European Union
Subjects: Zimbabwe, administrative sanction, economic sanctions, international sanctions, natural person








C_2011049EN.01000401.xml










16.2.2011   


EN


Official Journal of the European Union


C 49/4





Notice for the attention of the persons, entities and bodies to which restrictive measures provided for in Council Decision 2011/101/CFSP apply
2011/C 49/03
COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons, entities and bodies that appear in the Annex to Council Decision 2011/101/CFSP (1).
The Council of the European Union has determined that the persons, entities and bodies that appear in the abovementioned Annex should be included in the list of persons, entities and bodies subject to restrictive measures provided for in Decision 2011/101/CFSP.
The attention of the persons, entities and bodies 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 314/2004 (2), in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons, entities and bodies 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. Any such request should be sent 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, entities and bodies 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 42, 16.2.2011, p. 6.

(2)  OJ L 55, 24.2.2004, p. 1.
Case T-130/10: Order of the General Court of 16 February 2011 — Lux Management Holding SA v OHIM — Zeis Excelsa (KULTE) (Community trade mark — Application for a declaration of invalidity — Agreement for co-existence of the marks and withdrawal of the application for a declaration of invalidity — No need to adjudicate)
Date: 2011-02-16
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011113EN.01001302.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/13





Order of the General Court of 16 February 2011 — Lux Management Holding SA v OHIM — Zeis Excelsa (KULTE)
(Case T-130/10) (1)

(Community trade mark - Application for a declaration of invalidity - Agreement for co-existence of the marks and withdrawal of the application for a declaration of invalidity - No need to adjudicate)
2011/C 113/26
Language of the case: English

Parties


Applicant: Lux Management Holding SA (Luxembourg, Luxembourg) (represented by: S. Mas, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Zeis Excelsa SpA (Montegranaro, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2010 (Case R 712/2008-4) concerning proceedings between Zeis Excelsa SpA and Lux Management Holding SA for a declaration of invalidity

Operative part of the order







1.


There is no longer any need to adjudicate on the action.










2.


Lux Management Holding SA shall pay the costs.






(1)  OJ C 134, 22.5.2010.
Case C-487/10: Order of the President of the Court of 16 February 2011 (reference for a preliminary ruling from the Tribunal Administratif de Rennes (France)) — L’Océane Immobilière SAS v Direction de contrôle fiscal Ouest
Date: 2011-02-16
Institutions: Court of Justice
Subjects: France, VAT, interpretation of the law, own consumption








C_2011252EN.01002803.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/28





Order of the President of the Court of 16 February 2011 (reference for a preliminary ruling from the Tribunal Administratif de Rennes (France)) — L’Océane Immobilière SAS v Direction de contrôle fiscal Ouest
(Case C-487/10) (1)

2011/C 252/62
Language of the case: French
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 346, 18.12.2010.
Commission Regulation (EU) No 140/2011 of 16 February 2011 withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas
Date: 2011-02-16
Institutions: European Commission
Subjects: CCT duties, import, raw sugar, representative price, sugar product, syrup, white sugar








L_2011043EN.01002801.xml










17.2.2011   


EN


Official Journal of the European Union


L 43/28








            COMMISSION REGULATION (EU) No 140/2011
of 16 February 2011
         
withdrawing the suspension of submission of applications for import licences for sugar products under certain tariff quotas


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (‘Single CMO’ Regulation) (1),


Having regard to Commission Regulation (EC) No 891/2009 of 25 September 2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector (2), and in particular Article 5(2) thereof,

Whereas:







(1)


Submission of applications for import licences concerning order number 09.4320 were suspended as from 28 September 2010 by Commission Regulation (EU) No 854/2010 of 27 September 2010 fixing the allocation coefficient for the issuing of import licences applied for from 8 to 14 September 2010 for sugar products under certain tariff quotas and suspending submission of applications for such licences (3), in accordance with Regulation (EC) No 891/2009.












(2)


Following notifications on unused and/or partly used licences, quantities became available again for that order number. The suspension of applications should therefore be withdrawn,





HAS ADOPTED THIS REGULATION:



Article 1
The suspension laid down by Regulation (EU) No 854/2010 of submission of applications for import licences for order number 09.4320 as from 28 September 2010 is withdrawn.


Article 2
This Regulation shall enter into force on the day of 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, 16 February 2011.


For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ
            

Director-General for Agriculture and Rural Development






(1)  
            OJ L 299, 16.11.2007, p. 1.

(2)  
            OJ L 254, 26.9.2009, p. 82.

(3)  
            OJ L 253, 28.9.2010, p. 52.
Case T-560/10 R: Order of the President of the Court of First Instance of 16 February 2011 — Nencini v Parliament (Interim measures — Member of the European Parliament — Recovery of allowances for parliamentary assistance and travel — Application for suspension of operation — No urgency)
Date: 2011-02-16
Institutions: General Court
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), allowances and expenses








C_2011113EN.01001402.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/14





Order of the President of the Court of First Instance of 16 February 2011 — Nencini v Parliament
(Case T-560/10 R)
(Interim measures - Member of the European Parliament - Recovery of allowances for parliamentary assistance and travel - Application for suspension of operation - No urgency)
2011/C 113/29
Language of the case: Italian

Parties


Applicant: Riccardo Nencini (Barberino di Mugello, Italy) (represented by: F. Bertini, lawyer)

Defendant: European Parliament (represented by: N. Lorenz, A. Caiola and D. Moore, Agents)

Re:

Application for suspension of operation of various decisions of the European Parliament ordering the recovery of parliamentary allowances allegedly unduly paid

Operative part of the order







1.


The application for interim measures is dismissed.










2.


The costs are reserved.
Case C-466/10: Order of the President of the Court of 16 February 2011 — European Commission v Hellenic Republic
Date: 2011-02-16
Institutions: Court of Justice
Subjects: Greece, environmental protection, invitation to tender, medical device, waste management








C_2011252EN.01002801.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/28





Order of the President of the Court of 16 February 2011 — European Commission v Hellenic Republic
(Case C-466/10) (1)

2011/C 252/60
Language of the case: Greek
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 317, 20.11.2010.
Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2011 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin
Date: 2011-02-16
Institutions: European Commission
Subjects: egg, egg product, import, import licence, poultrymeat, tariff quota








C_2011049EN.01001301.xml










16.2.2011   


EN


Official Journal of the European Union


C 49/13





Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2011 under certain quotas opened by the European Union for poultrymeat, eggs and egg albumin
2011/C 49/07
Commission Regulations (EC) No 533/2007 (1), (EC) No 536/2007 (2), (EC) No 539/2007 (3), (EC) No 1384/2007 (4) and (EC) No 1385/2007 (5) opened tariff quotas for imports of poultrymeat, eggs and egg albumin. The applications for import licences lodged during the first seven days of December 2010 for the subperiod 1 January to 31 March 2011 do not, for quotas 09.4068, 09.4070, 09.4169, 09.4015, 09.4402, 09.4091, 09.4411 and 09.4421, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (6), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2011; they are set out in the Annex to this notice.


(1)  OJ L 125, 15.5.2007, p. 9.

(2)  OJ L 128, 16.5.2007, p. 6.

(3)  OJ L 128, 16.5.2007, p. 19.

(4)  OJ L 309, 27.11.2007, p. 40.

(5)  OJ L 309, 27.11.2007, p. 47.

(6)  OJ L 238, 1.9.2006, p. 13.


ANNEX






Quota order number


Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2011
(in kg)




09.4068


5 733 000




09.4070


882 750




09.4169


12 498 750




09.4015


108 000 000




09.4402


8 584 764




09.4091


140 000




09.4411


1 275 000




09.4421


175 000
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors’ (Codification) — COM(2010) 717 final — 2010/0348 (COD)
Date: 2011-02-16
Institutions: European Economic and Social Committee
Subjects: agricultural vehicle, approximation of laws, signalling device, tractor, vehicle parts








C_2011107EN.01007401.xml










6.4.2011   


EN


Official Journal of the European Union


C 107/74





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors’ (Codification)
COM(2010) 717 final — 2010/0348 (COD)
2011/C 107/17
On 17 January 2011, the Council and, on 16 December 2010, the European Parliament, decided to consult the European Economic and Social Committee, under Article 114 of the Treaty on the Functioning of the European Union (TFEU), on the

Proposal for a Directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors

COM(2010) 717 final — 2010/0348 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 469th plenary session of 16 and 17 February 2011 (meeting of 16 February), by 114 votes with four abstentions, to issue an opinion endorsing the proposed text.

Brussels, 16 February 2011.


The President of the European Economic and Social Committee

Staffan NILSSON
Case T-5/10: Order of the General Court of 16 February 2011 — Commission v Earthscan
Date: 2011-02-16
Institutions: General Court
Subjects: EU financing, European Commission, appeal, contract, energy production, redemption, renewable energy, user guide








C_2011113EN.01002003.xml










9.4.2011   


EN


Official Journal of the European Union


C 113/20





Order of the General Court of 16 February 2011 — Commission v Earthscan
(Case T-5/10) (1)

2011/C 113/41
Language of the case: English
The President of the Second Chamber has ordered that the case be removed from the register.


(1)  OJ C 80, 27.3.2010.
Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors’ (Codification) — COM(2010) 729 final — 2010/0349 (COD)
Date: 2011-02-16
Institutions: European Economic and Social Committee
Subjects: European standard, approximation of laws, safety device, technical standard, tractor








C_2011107EN.01007501.xml










6.4.2011   


EN


Official Journal of the European Union


C 107/75





Opinion of the European Economic and Social Committee on the ‘Proposal for a Directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors’ (Codification)
COM(2010) 729 final — 2010/0349 (COD)
2011/C 107/18
On 17 January 2011, the Council and, on 16 December 2010, the European Parliament, decided to consult the European Economic and Social Committee, under Article 114 of the Treaty on the Functioning of the European Union (TFEU), on the

Proposal for a Directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors

COM(2010) 729 final — 2010/0349 (COD).
Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 469th plenary session of 16-17 February 2011 (meeting of 16 February), by 111 votes to one with five abstentions, to issue an opinion endorsing the proposed text.

Brussels, 16 February 2011.


The President of the European Economic and Social Committee

Staffan NILSSON