do-me/EUR-LEX huggingface dataset:
Case T-87/11: Action brought on 18 February 2011 — GRP Security v Court of Auditors
Date: 2011-02-18
Institutions: General Court
Subjects: EU financing, European Court of Auditors, action for annulment (EU), award of contract, industrial counterfeiting, servant (EU)








C_2011120EN.01001302.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/13





Action brought on 18 February 2011 — GRP Security v Court of Auditors
(Case T-87/11)
2011/C 120/33
Language of the case: French

Parties


Applicant: GRP Security (Bertrange, Luxembourg) (represented by: G. Osch, lawyer)

Defendant: Court of Auditors of the European Union

Form of order sought

The applicant claims that the General Court should:






—


uphold the applicant’s pleas in law set out in this application,










—


reserve to the applicant the right to produce any further legal pleas, supporting facts and evidence,










—


admit this action as procedurally valid,










—


uphold this action as to the substance,










—


and therefore on the above stated grounds annul the contested decisions,










—


reserve to the applicant the right to seek compensation for damage suffered by reason of the unlawful conduct of the Court of Auditors,










—


order the Court of Auditors to pay all the costs of the proceedings,










—


reserve to the applicant all other rights, entitlements, pleas and actions.





Pleas in law and main arguments

The applicant seeks the annulment of the decisions of the Court of Auditors of the European Union concerning, first, the administrative penalty of exclusion of the applicant from contracts and subsidies financed by the budget of the European Union for a period of three months and, second, termination of the services framework contract No LOG/2026/10/2 titled ‘Various security services’.
In support of the action, the applicant relies on three pleas in law.






1.


First plea in law: infringement of the principle of proportionality, the rights of the defence and the right to a fair hearing, since the applicant acted in good faith and was not responsible for the false statements and misrepresentations made by one of its employees and since the Court of Auditors could have requested the replacement of the employee concerned instead of terminating the contract.










2.


Second plea in law: manifest error of assessment, since the Court of Auditors did not take into account all the material in the file.










3.


Third plea in law: infringement of Articles 93, 94 and 96 of the Financial Regulation, since the applicant did not submit any incorrect information and was not guilty of any misrepresentation in the procurement procedure for the contract in question.
Non-opposition to a notified concentration (Case COMP/M.6111 — Huaneng/OTPPB/Intergen)  Text with EEA relevance
Date: 2011-02-18
Institutions: European Commission
Subjects: China, economic concentration, electrical energy, energy industry, exchange of information, merger control








C_2011052EN.01000101.xml










18.2.2011   


EN


Official Journal of the European Union


C 52/1





Non-opposition to a notified concentration
(Case COMP/M.6111 — Huaneng/OTPPB/Intergen)
(Text with EEA relevance)
2011/C 52/01
On 11 February 2011, 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 32011M6111. EUR-Lex is the on-line access to the European law.
Case T-97/11: Action brought on 18 February 2011 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmaceuticos Rovi (ROVI Pharmaceuticals)
Date: 2011-02-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law








C_2011120EN.01001501.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/15





Action brought on 18 February 2011 — Rovi Pharmaceuticals v OHIM — Laboratorios Farmaceuticos Rovi (ROVI Pharmaceuticals)
(Case T-97/11)
2011/C 120/35
Language in which the application was lodged: English

Parties


Applicant: Rovi Pharmaceuticals GmbH (Schlüchtern, Germany) (represented by: M. Berghofer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Laboratorios Farmaceuticos Rovi, SA (Madrid, Spain)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 December 2010 in case R 500/2010-2;










—


Reject the opposition No B 1368580 in its entirety with costs;










—


Order the defendant to register Community trade mark application No 6475107.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ROVI Pharmaceuticals’, for goods and services in classes 3, 5 and 44 — Community trade mark application No 6475107

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: Community trade mark registration No 24810 of the figurative mark ‘ROVI’, for goods in classes 3 and 5; Community trade mark registration No 4953915 of the figurative mark ‘ROVICM Rovi Contract Manufacturing’, for goods and services in classes 5, 42 and 44; Spanish trade mark registration No 2509464 of the word mark ‘ROVIFARMA’, for goods and services in classes 5, 39 and 44; Spanish trade mark registration No 1324942 of the word mark ‘ROVI’, for goods in class 3; Spanish trade mark registration No 283403 of the word mark ‘ROVI’, for goods in classes 1 and 5; Spanish trade mark registration No 137853 of the figurative mark ‘ROVI’, for goods in class 3

Decision of the Opposition Division: Upheld the opposition

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: (i) wrongly found that there was likelihood of confusion as it has incorrectly appreciated the individual factors relevant to the global assessment, and (ii) omitted to perform the global assessment of the concerned marks.
Case T-92/11: Action brought on 18 February 2011 — Andersen v Commission
Date: 2011-02-18
Institutions: General Court
Subjects: Denmark, State aid, action for annulment (EU), control of State aid, public service, rail transport








C_2011103EN.01002801.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/28





Action brought on 18 February 2011 — Andersen v Commission
(Case T-92/11)
2011/C 103/48
Language of the case: English

Parties


Applicant: Jørgen Andersen (Ballerup, Denmark) (represented by: M. F. Nissen and G. Van de Walle de Ghelcke, lawyers)

Defendant: European Commission

Form of order sought







—


Annul Article 1(2) of the Decision of the Commission dated 24 February 2010 in State Aid case C 41/08 (NN 35/08) — Public service contracts between the Danish Ministry of Transport and Danske Statsbaner (DSB) (OJ 2011 L 7, p. 1);










—


Order that the Commission pay the cost incurred by the applicant.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging that the Commission manifestly erred in law in concluding that the Danish government did not commit a manifest error of appreciation with regard to the classification of the Copenhagen-Ystad route as a public service and in including it in the scheme of public service contracts. The applicant considers that this route has efficiently been operated by market participants without subsidies and therefore should not be included in a public service contract.










2.


Second plea in law, alleging that the Commission manifestly erred in law by not ordering recovery of the incompatible overcompensation paid to DSB due to the dividends paid to its shareholder, the Danish State. The applicant considers that payment of dividends from a wholly State-owned company to the State is not a legitimate mechanism for off-setting incompatible overcompensation.










3.


Third plea in law, alleging the Commission manifestly erred in law by applying Regulation No 1370/2007 (1) instead of Regulation No 1191/69 (2). The applicant considers that, regarding unlawful State aid, the Commission should apply the law as applicable at the time that aid was granted.






(1)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1)

(2)  Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on action by Member States concerning the obligations inherent in the concept of a public service in transport by rail, road and inland waterway (OJ 1969 L 156, p. 1)
Case T-110/11: Action brought on 18 February 2011 — ASA v OHIM — Merck (FEMIFERAL)
Date: 2011-02-18
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), food supplement, trade-mark law








C_2011139EN.01002202.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/22





Action brought on 18 February 2011 — ASA v OHIM — Merck (FEMIFERAL)
(Case T-110/11)
2011/C 139/42
Language in which the application was lodged: Polish

Parties


Applicant: ASA Sp. z o.o. (Głubczyce, Poland) (represented by: M. Chimiak, 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: Merck Sp. z o.o. (Warsaw, Poland)

Form of order sought







—


set aside in its entirety the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 November 2010 in Case No R 0182/2010-1;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: the applicant.

Community trade mark concerned: the word mark ‘FEMIFERAL’ for goods in Class 5 — Application No 5320701

Proprietor of the mark or sign cited in the opposition proceedings: Merck Sp. z o.o.

Mark or sign cited in opposition: the national word mark ‘Feminatal’ and the national figurative mark containing the word element ‘feminatal’ for goods in Class 5.

Decision of the Opposition Division: dismissal of the opposition.

Decision of the Board of Appeal: invalidation of the decision of the Opposition Division and dismissal of the application for the trade mark in its entirety.

Pleas in law: Breach of Article 8(1)(b) of Regulation No 207/2009 (1) by reason of the erroneous finding that the trade marks ‘Feminatal’ and ‘FEMIFERAL’ are similar to one another in a manner which is likely to mislead Polish consumers as to the origin of the goods, by reason of the misappraisal of the distinctive character of the prefix ‘femi’ and lack of regard for characteristics specific to Polish consumers and also the principles of the Polish language, as also by reason of the defective assessment of the similarity of the marks in all three aspects: visual, phonetic and conceptual.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) (OJ 2009 L 78, p. 1).
Information relating to the entry into force of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas
Date: 2011-02-18
Institutions: European Commission
Subjects: EU visa policy, Georgia, administrative formalities, cooperation agreement (EU)








L_2011044EN.01000101.xml










18.2.2011   


EN


Official Journal of the European Union


L 44/1







Information relating to the entry into force of the Agreement between the European Union and Georgia on the facilitation of the issuance of visas

The Agreement between the European Union and Georgia on the facilitation of the issuance of visas will enter into force on 1 March 2011, the procedure provided for in Article 14 of the Agreement having been completed on 18 January 2011.
Commission Regulation (EU) No 152/2011 of 18 February 2011 entering a name in the register of protected designations of origin and protected geographical indications (Chosco de Tineo (PGI))
Date: 2011-02-18
Institutions: European Commission
Subjects: Spain, designation of origin, labelling, location of production, meat product, mode of production, pigmeat, product designation








L_2011046EN.01002101.xml










19.2.2011   


EN


Official Journal of the European Union


L 46/21








            COMMISSION REGULATION (EU) No 152/2011
of 18 February 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Chosco de Tineo (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, Spain’s application to register the name ‘Chosco de Tineo’ 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, 18 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 166, 25.6.2010, p. 8.




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

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

SPAIN
Chosco de Tineo (PGI)
Commission Regulation (EU) No 155/2011 of 18 February 2011 on the issue of import licences for applications submitted in the first seven days of February 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2011-02-18
Institutions: European Commission
Subjects: Community certification, beef, import licence, product quality, quantitative restriction, tariff quota








L_2011046EN.01002701.xml










19.2.2011   


EN


Official Journal of the European Union


L 46/27








            COMMISSION REGULATION (EU) No 155/2011
of 18 February 2011
         
on the issue of import licences for applications submitted in the first seven days of February 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009


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 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences (2), and in particular Article 7(2) thereof,

Whereas:







(1)


Commission Regulation (EC) No 620/2009 of 13 July 2009 providing for the administration of an import tariff quota for high-quality beef (3) sets out detailed rules for the submission and issue of import licences.












(2)


Article 7(2) of Regulation (EC) No 1301/2006 provides that in cases where quantities covered by licence applications exceed the quantities available for the quota period, allocation coefficients should be fixed for the quantities covered by each licence application. The applications for import licences submitted pursuant to Article 3 of Regulation (EC) No 620/2009 between 1 and 7 February 2011 exceed the quantities available. Therefore, the extent to which import licences may be issued and the allocation coefficient should be determined,





HAS ADOPTED THIS REGULATION:



Article 1
Import licence applications covered by the quota with order number 09.4449 and submitted between 1 and 7 February 2011 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 76,386457 %.


Article 2
This Regulation shall enter into force on the 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, 18 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 238, 1.9.2006, p. 13.

(3)  
            OJ L 182, 15.7.2009, p. 25.
Case T-88/11: Action brought on 18 February 2011 — BIA Separations v Commission
Date: 2011-02-18
Institutions: General Court
Subjects: European Investment Bank, access to information, action for annulment (EU), cooperation agreement








C_2011103EN.01002702.xml










2.4.2011   


EN


Official Journal of the European Union


C 103/27





Action brought on 18 February 2011 — BIA Separations v Commission
(Case T-88/11)
2011/C 103/47
Language of the case: English

Parties


Applicant: BIA Separations d.o.o. (Ljubljana, Slovenia) (represented by: G. Berrisch, lawyer, and N. Chesaites, Barrister)

Defendant: European Commission

Form of order sought







—


annul the Commission’s implicit decision of 10 December 2010 rejecting the applicant’s confirmatory application for access to Commission Decision on the Co-operation Agreement between the European Community and the European Investment Bank in respect of the Risk-sharing Finance Facility (C(2008) 2181) and the Draft Commission Decision on amending the Co-operation Agreement between the European Community and the European Investment Bank in respect of the Risk-sharing Finance Facility (C(2008) 8058);










—


order the Commission to pay the costs of these proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law alleging that the Commission violated Article 296 TFEU by failing to respond to the applicant’s confirmatory request for access to information within the prescribed time-limit laid down in Article 8(1) and (2) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (1).


(1)  OJ 2001 L 145, p. 43
Case T-108/11 P: Appeal brought on 18 February 2011 by the European Training Foundation (ETF) against the judgment of the Civil Service Tribunal of 9 December 2010 in Case F-88/08 Vandeuren v ETF
Date: 2011-02-18
Institutions: General Court
Subjects: European Training Foundation, Italy, damages, dismissal, fine








C_2011139EN.01002201.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/22





Appeal brought on 18 February 2011 by the European Training Foundation (ETF) against the judgment of the Civil Service Tribunal of 9 December 2010 in Case F-88/08 Vandeuren v ETF
(Case T-108/11 P)
2011/C 139/41
Language of the case: French

Parties


Appellant: European Training Foundation (ETF) (represented by L. Levi, lawyer)

Other party to the proceedings: Monique Vandeuren (Pino Torinese, Italy)

Form of order sought by the appellant

The appellant contends that the Court should:






—


set aside the judgment of the European Union Civil Service Tribunal of 9 December 2010 in Case F-88/08,










—


consequently, dismiss the action brought at first instance and, therefore,










—


order the respondent to the appeal to pay the entire costs at first instance and on appeal.





Pleas in law and main arguments

The pleas in law and main arguments relied upon by the appellant are identical to those relied upon in Case T-107/11 P ETF v Schuerings.
Euro exchange rates
Date: 2011-02-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2011052EN.01000201.xml










18.2.2011   


EN


Official Journal of the European Union


C 52/2





Euro exchange rates (1)

17 February 2011
2011/C 52/02

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3560




JPY


Japanese yen


113,39




DKK


Danish krone


7,4555




GBP


Pound sterling


0,84090




SEK


Swedish krona


8,7430




CHF


Swiss franc


1,2973




ISK


Iceland króna


 




NOK


Norwegian krone


7,8075




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,325




HUF


Hungarian forint


269,25




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7044




PLN


Polish zloty


3,9075




RON


Romanian leu


4,2480




TRY


Turkish lira


2,1390




AUD


Australian dollar


1,3498




CAD


Canadian dollar


1,3327




HKD


Hong Kong dollar


10,5616




NZD


New Zealand dollar


1,7951




SGD


Singapore dollar


1,7332




KRW


South Korean won


1 514,32




ZAR


South African rand


9,8149




CNY


Chinese yuan renminbi


8,9225




HRK


Croatian kuna


7,4080




IDR


Indonesian rupiah


12 035,99




MYR


Malaysian ringgit


4,1250




PHP


Philippine peso


58,783




RUB


Russian rouble


39,7050




THB


Thai baht


41,521




BRL


Brazilian real


2,2673




MXN


Mexican peso


16,3585




INR


Indian rupee


61,4880






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