do-me/EUR-LEX huggingface dataset:
Case T-98/11 P: Appeal brought on 17 February 2011 by AG against the judgment of the Civil Service Tribunal delivered on 16 December 2010 in Case F-25/10 AG v Parliament
Date: 2011-02-17
Institutions: General Court
Subjects: European Parliament, action for annulment (EU), dismissal, servant (EU)








C_2011120EN.01001502.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/15





Appeal brought on 17 February 2011 by AG against the judgment of the Civil Service Tribunal delivered on 16 December 2010 in Case F-25/10 AG v Parliament
(Case T-98/11 P)
2011/C 120/36
Language of the case: French

Parties


Appellant: AG (Brussels, Belgium) (represented by S. Rodrigues, A. Blot and C. Bernard-Glanz, lawyers)

Other party to the proceedings: European Parliament

Form of order sought by the appellant







—


Declare the present appeal admissible;










—


Annul the order made by the Civil Service Tribunal on 16 December 2010 in Case F-25/10;










—


Grant the forms of order sought as regards annulment and indemnity submitted by the appellant before the Civil Service Tribunal;










—


Order the Parliament to pay the costs of both instances.





Pleas in law and main arguments

In support of the appeal, the appellant raises a single plea in law, alleging distortion of the evidence adduced before the Judge at first instance, breach of the principle of legal certainty and infringement of the right to an effective remedy, in that:






—


there is no document in the file which enables the CST to take the view that the appellant lacked diligence in not having her post forwarded during her end-of-year holidays, during which period the post official came to her home to deliver to her the registered letter from the Parliament with its response to her claim;










—


the CST did not make clear what was to be understood by ‘extended’ holidays;










—


the CST took the view that the non-delivery notice which the appellant found in her letterbox on her return from holiday obviously related to the registered letter from the Parliament with its response to her claim.
Case F-119/07: Judgment of the Civil Service Tribunal (Second Chamber) of 17 February 2011 — Strack v European Commission (Civil service — Officials — Mediation procedure — Act adversely affecting an official — Article 73 of the Staff Regulations — Consolidation — Provisional allowance)
Date: 2011-02-17
Institutions: Civil Service Tribunal
Subjects: health insurance, indemnification, occupational disease, personal accident insurance, regulations for civil servants








C_2011252EN.01004801.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/48





Judgment of the Civil Service Tribunal (Second Chamber) of 17 February 2011 — Strack v European Commission
(Case F-119/07) (1)

(Civil service - Officials - Mediation procedure - Act adversely affecting an official - Article 73 of the Staff Regulations - Consolidation - Provisional allowance)
2011/C 252/101
Language of the case: German

Parties


Applicant: Guido Strack (Cologne, Germany) (represented by: H. Tettenborn, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, Agents)

Re:

Annulment of several decisions of the Commission rejecting the applicant’s requests for the conduct of a mediation procedure, for immediate intervention, for the adoption of dispute resolution measures and for payment of an allowance pursuant to Article 19(4) of the Common Rules on insurance against the risk of accident and of occupational disease. Application for damages.

Operative part of the judgment

The Tribunal:






1.


Annuls the decision of the European Commission of 26 February 2007 refusing to pay Mr Strack a provisional allowance pursuant to Article 19(4) of the Common Rules.










2.


Dismisses the remainder of the action.










3.


Orders the Commission to pay half of the costs incurred by Mr Strack in addition to its own costs.










4.


Orders Mr Strack to pay half of his own costs.






(1)  OJ C 183, 19.07.2008, p. 32.
New national side of euro coins intended for circulation
Date: 2011-02-17
Institutions: European Commission
Subjects: Economic and Monetary Union, Spain, commemoration, designs and models, euro, issuing of currency, technical specification








C_2011050EN.01000201.xml










17.2.2011   


EN


Official Journal of the European Union


C 50/2





New national side of euro coins intended for circulation
2011/C 50/02




National side of the new commemorative 2-euro coin intended for circulation and issued by Spain

Euro coins intended for circulation have legal tender status throughout the euro area. For the purpose of informing the public and all parties who handle the coins, the Commission publishes a description of the designs of all new coins (1). In accordance with the Council conclusions of 10 February 2009 (2), euro-area Member States and countries that have concluded a monetary agreement with the Community providing for the issuing of euro coins are allowed to issue commemorative euro coins intended for circulation, provided that certain conditions are met, particularly that only the 2-euro denomination is used. These coins have the same technical characteristics as other 2-euro coins, but their national face features a commemorative design that is highly symbolic in national or European terms.
Issuing country: Spain
Subject of commemoration: UNESCO World Natural and Cultural Heritage Sites — Patio de los Leones of the Alhambra, Generalife and Albayzín in Granada
Description of the design: The design shows an image of the Patio de los Leones in the Alhambra in Granada. At the bottom the name of the issuing country ‘ESPAÑA’ and the year-date ‘2011’ and at the top, the mintmark.
The coin’s outer ring depicts the 12 stars of the European flag.
Volume of issuance: 8 million coins
Date of issue: March 2011


(1)  For the other national sides of euro circulation coins, see http://ec.europa.eu/economy_finance/euro/cash/coins/index_en.htm

(2)  See the conclusions of the Economic and Financial Affairs Council of 10 February 2009 and the Commission Recommendation of 19 December 2008 on common guidelines for the national sides and the issuance of euro coins intended for circulation (OJ L 9, 14.1.2009, p. 52).
Case T-100/11: Action brought on 17 February 2011 — MSE Pharmazeutika v OHIM — Merck Sharp & Dohme (SINAMIT)
Date: 2011-02-17
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011145EN.01002802.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/28





Action brought on 17 February 2011 — MSE Pharmazeutika v OHIM — Merck Sharp & Dohme (SINAMIT)
(Case T-100/11)
2011/C 145/48
Language in which the application was lodged: English

Parties


Applicant: MSE Pharmazeutika GmbH (Bad Homburg, Germany) (represented by: T. Büttner, lawyer)

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

Other party to the proceedings before the Board of Appeal: Merck Sharp & Dohme Corp. (New Jersey, USA)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 December 2010 in case R 724/2010-1;










—


Annul the decision of the Opposition Division of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 March 2010, which upheld opposition No B 1441684.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘SINAMIT’, for goods in classes 3, 5 and 32 — Community trade mark application No 951596

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Austrian trade mark registration No 57446 of the word mark ‘SINEMET’, for goods in class 5; Benelux trade mark registration No 320194 of the word mark ‘SINEMET’, for goods in class 5; Danish trade mark registration No VR197302373 of the word mark ‘SINEMET’, for goods in class 5; Finish trade mark registration No 49091 of the word mark ‘SINEMET’, for goods in class 5; Greek trade mark registration No 34959 of the word mark SINEMET, for goods in class 5; Hungarian trade mark registration No 116223 of the word mark ‘SINEMET’, for goods in class 5; Latvian trade mark registration No M18257 of the word mark ‘SINEMET’, for goods in class 5; Lithuanian trade mark registration No 12963 of the word mark ‘SINEMET’, for goods in class 5

Decision of the Opposition Division: Upheld the opposition for part of the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly found that there was likelihood of confusion between the conflicting marks, assuming a high similarity of the marks on the one side and an identity and similarity of the goods covered by the trademarks on the other side.
Case F-14/11: Action brought on 17 February 2011 — Strohm v Commission
Date: 2011-02-17
Institutions: Civil Service Tribunal
Subjects: dentist, health costs, insurance








C_2011238EN.01003701.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/37





Action brought on 17 February 2011 — Strohm v Commission
(Case F-14/11)
2011/C 238/66
Language of the case: German

Parties


Applicant: Andreas Strohm (Brussels, Belgium) (represented by: J. Schlenker, M. Heimburger, R. Bakker and U. Thanner, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision of the defendant not to defray 100 % of medical expenses for dental treatment.

Form of order sought







—


On annulment of the statement of 1.6.2010, List No 10003157; of 4.6.2010, List No 10003164 and of 25.11.2010, List No 10003383, and the approval decisions AZ: 100525302817 of 4.6.2010 and 100525302817 of 11.6.2010, order the defendant to pay the applicant EUR 4 251,49 plus interest at the rate of 5 percentage points;










—


Order the defendant to pay the costs.
Commission Regulation (EU) No 146/2011 of 17 February 2011 fixing the minimum selling price for skimmed milk powder for the 16th individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010
Date: 2011-02-17
Institutions: European Commission
Subjects: award of contract, market intervention, minimum price, selling price, skimmed milk powder








L_2011044EN.01002301.xml










18.2.2011   


EN


Official Journal of the European Union


L 44/23








            COMMISSION REGULATION (EU) No 146/2011
of 17 February 2011
         
fixing the minimum selling price for skimmed milk powder for the 16th individual invitation to tender within the tendering procedure opened by Regulation (EU) No 447/2010


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), and in particular Article 43(j), in conjunction with Article 4 thereof,

Whereas:







(1)


Commission Regulation (EU) No 447/2010 (2) has opened the sales of skimmed milk powder by a tendering procedure, in accordance with the conditions provided for in Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (3).












(2)


In the light of the tenders received in response to individual invitations to tender, the Commission should fix a minimum selling price or should decide not to fix a minimum selling price, in accordance with Article 46(1) of Regulation (EU) No 1272/2009.












(3)


In the light of the tenders received for the 16th individual invitation to tender, a minimum selling price should be fixed.












(4)


The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,





HAS ADOPTED THIS REGULATION:



Article 1
For the 16th individual invitation to tender for selling of skimmed milk powder within the tendering procedure opened by Regulation (EU) No 447/2010, in respect of which the time limit for the submission of tenders expired on 15 February 2011, the minimum selling price for skimmed milk powder shall be EUR 250,10/100 kg.


Article 2
This Regulation shall enter into force on 18 February 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 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 126, 22.5.2010, p. 19.

(3)  
            OJ L 349, 29.12.2009, p. 1.
Case T-385/09: Judgment of the General Court of 17 February 2011 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT) (Community trade mark — Opposition proceedings — Application for the Community word mark ANN TAYLOR LOFT — Earlier national word mark LOFT — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-02-17
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, leather industry, retail selling, trade-mark law








C_2011103EN.01002202.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/22





Judgment of the General Court of 17 February 2011 — Annco v OHIM — Freche et fils (ANN TAYLOR LOFT)
(Case T-385/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark ANN TAYLOR LOFT - Earlier national word mark LOFT - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 103/39
Language of the case: English

Parties


Applicant: Annco, Inc. (Wilmington, Delaware, United States) (represented by: G. Triet, 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: Freche et fils associés (Paris, France)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 July 2009 (Case R 1485/2008-1), relating to opposition proceedings between Freche et fils associés and Annco, Inc.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 July 2009 (Case R 1485/2008-1);










2.


Declares that the remainder of the action is inadmissible;










3.


Orders OHIM to pay the costs.






(1)  OJ C 282, 21.11.2009.
Case T-10/09: Judgment of the General Court of 17 February 2011 — Formula One Licensing v OHIM — Global Sports Media (FI-LIVE) (Community trade mark — Opposition proceedings — Application for the Community figurative mark F1-LIVE — Earlier Community figurative marks, and national and international word marks, F1 and F1 Formula 1 — Opposition rejected by the Board of Appeal — Relative grounds for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
Date: 2011-02-17
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), automatic game, motor car, simulation, sport, trade-mark law








C_2011103EN.01002101.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/21





Judgment of the General Court of 17 February 2011 — Formula One Licensing v OHIM — Global Sports Media (FI-LIVE)
(Case T-10/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark F1-LIVE - Earlier Community figurative marks, and national and international word marks, F1 and F1 Formula 1 - Opposition rejected by the Board of Appeal - Relative grounds for refusal - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
2011/C 103/36
Language of the case: English

Parties


Applicant: Formula One Licensing BV (Rotterdam, Netherlands) (represented by: B. Klingberg and K. Sandberg, 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: Global Sports Media Ltd (Hamilton, Bermuda) (represented by: T. de Haan and J.-J. Evrard, and subsequently by T. de Haan, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 16 October 2008 (Case R 7/2008-1) concerning opposition proceedings between Racing-Live SAS and Formula One Licensing BV.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Formula One Licensing BV to pay the costs.






(1)  OJ C 55, 7.3.2009.