do-me/EUR-LEX huggingface dataset:
Commission Regulation (EU) No 158/2011 of 21 February 2011 entering a name in the register of traditional specialities guaranteed ( ‘Špekáčky’ / ‘Špekačky’ (TSG))
Date: 2011-02-21
Institutions: European Commission
Subjects: Czechia, Slovakia, designation of origin, location of production, meat product, mode of production, product designation, product quality








L_2011047EN.01000301.xml










22.2.2011   


EN


Official Journal of the European Union


L 47/3








            COMMISSION REGULATION (EU) No 158/2011
of 21 February 2011
         
entering a name in the register of traditional specialities guaranteed (‘Špekáčky’/‘Špekačky’ (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 8(2) of Regulation (EC) No 509/2006, the Czech Republic and Slovakia’s joint application to register the name ‘Špekáčky’/‘Špekačky’ was published in the Official Journal of the European Union (2).












(2)


As no objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register.












(3)


Protection as referred to in Article 13(2) of Regulation (EC) No 509/2006 has not been requested,





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, 21 February 2011.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 94, 14.4.2010, p. 18.




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

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

CZECH REPUBLIC
Špekáčky (TSG)
SLOVAKIA
Špekačky (TSG)
Commission Regulation (EU) No 161/2011 of 21 February 2011 entering a name in the register of traditional specialities guaranteed ( ‘Liptovská saláma’ or ‘Liptovský salám’ (TSG))
Date: 2011-02-21
Institutions: European Commission
Subjects: Czechia, Slovakia, designation of origin, location of production, meat product, mode of production, product designation, product quality








L_2011047EN.01000901.xml










22.2.2011   


EN


Official Journal of the European Union


L 47/9








            COMMISSION REGULATION (EU) No 161/2011
of 21 February 2011
         
entering a name in the register of traditional specialities guaranteed (‘Liptovská saláma’ or ‘Liptovský salám’ (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 8(2) of Regulation (EC) No 509/2006, the Czech Republic and Slovakia’s joint application to register the name ‘Liptovská saláma’/‘Liptovský salám’ was published in the Official Journal of the European Union (2).












(2)


As no objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register.












(3)


The application also requested protection under Article 13(2) of Regulation (EC) No 509/2006. That protection should be granted to the name ‘Liptovská saláma’/‘Liptovský salám’ in so far as, in the absence of objections, it could not be demonstrated that the name is used in a lawful, renowned and economically significant manner for similar agricultural products or foodstuffs,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
Protection as referred to in Article 13(2) of Regulation (EC) No 509/2006 shall apply.


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, 21 February 2011.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 103, 22.4.2010, p. 14.




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

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

CZECH REPUBLIC
Liptovský salám (TSG)
SLOVAKIA
Liptovská saláma (TSG)
The use of the name is reserved.
Commission Regulation (EU) No 160/2011 of 21 February 2011 entering a name in the register of traditional specialities guaranteed ( ‘Lovecký salám’ / ‘Lovecká saláma’ (TSG))
Date: 2011-02-21
Institutions: European Commission
Subjects: Czechia, Slovakia, designation of origin, location of production, meat product, mode of production, product designation, product quality








L_2011047EN.01000701.xml










22.2.2011   


EN


Official Journal of the European Union


L 47/7








            COMMISSION REGULATION (EU) No 160/2011
of 21 February 2011
         
entering a name in the register of traditional specialities guaranteed (‘Lovecký salám’/‘Lovecká saláma’ (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


Pursuant to the first subparagraph of Article 8(2) of Regulation (EC) No 509/2006, the Czech Republic and Slovakia's joint application to register the name ‘Lovecký salám’/‘Lovecká saláma’ was published in the Official Journal of the European Union (2).












(2)


As no objection under Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register.












(3)


Protection as referred to in Article 13(2) of Regulation (EC) No 509/2006 has not been requested,





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, 21 February 2011.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 96, 16.4.2010, p. 18.




ANNEX
Products listed in Annex I to the Treaty, intended for human consumption:

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

CZECH REPUBLIC
Lovecký salám (TSG)
SLOVAKIA
Lovecká saláma (TSG)
2011/126/EU: Council Decision of 21 February 2011 concerning the conclusion of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
Date: 2011-02-21
Institutions: Council of the European Union
Subjects: European Union, West African Economic and Monetary Union, air transport, signature of an agreement








L_2011051EN.01000101.xml










25.2.2011   


EN


Official Journal of the European Union


L 51/1








            COUNCIL DECISION
         
of 21 February 2011
         
concerning the conclusion of the Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services
(2011/126/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(6)(a) and the first subparagraph of Article 218(8),


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral Agreements with a Community Agreement.












(2)


On behalf of the European Community, the Commission has negotiated an Agreement with the West African Economic and Monetary Union on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community Agreement.












(3)


The Agreement was signed on behalf of the Community on 30 November 2009 subject to its possible conclusion at a later date, in accordance with Council Decision 2010/144/EC (1).












(4)


As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community.












(5)


The Agreement should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement between the European Community and the West African Economic and Monetary Union on certain aspects of air services (‘the Agreement’), is hereby approved on behalf of the Union.


Article 2
The President of the Council shall, on behalf of the Union, give the notification provided for in Article 9(1) of the Agreement and make the following notification:
‘As a consequence of the entry into force of the Treaty of Lisbon on 1 December 2009, the European Union has replaced and succeeded the European Community and from that date exercises all rights and assumes all obligations of the European Community. Therefore, references to “the European Community” in the text of the Agreement are, where appropriate, to be read as “the European Union”.’


Article 3
This Decision shall enter into force on the day after its adoption.




Done at Brussels, 21 February 2011.


For the Council


The President


               MARTONYI J.





(1)  
            OJ L 56, 6.3.2010, p. 15.
Commission Regulation (EU) No 159/2011 of 21 February 2011 entering a name in the register of traditional specialities guaranteed (Spišské párky (TSG))
Date: 2011-02-21
Institutions: European Commission
Subjects: Czechia, Slovakia, designation of origin, location of production, meat product, mode of production, product designation, product quality








L_2011047EN.01000501.xml










22.2.2011   


EN


Official Journal of the European Union


L 47/5








            COMMISSION REGULATION (EU) No 159/2011
of 21 February 2011
         
entering a name in the register of traditional specialities guaranteed (Spišské párky (TSG))


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (1), and in particular the first subparagraph of Article 9(4) thereof,

Whereas:







(1)


In accordance with the first subparagraph of Article 8(2) of Regulation (EC) No 509/2006, and pursuant to Article 19(3) of the same Regulation, the Czech Republic and Slovakia’s application to register the name ‘Spišské párky’ was published in the Official Journal of the European Union (2).












(2)


As no objection pursuant to Article 9 of Regulation (EC) No 509/2006 has been received by the Commission, that name should therefore be entered in the register.












(3)


The application also requested protection pursuant to Article 13(2) of Regulation (EC) No 509/2006. That protection should be granted to the name ‘Spišské párky’ in so far as, in the absence of objections, it could not be demonstrated that the name is used in a lawful, renowned and economically significant manner for similar agricultural products or foodstuffs,





HAS ADOPTED THIS REGULATION:



Article 1
The name contained in the Annex to this Regulation is hereby entered in the register.
Protection as referred to in Article 13(2) of Regulation (EC) No 509/2006 shall apply.


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, 21 February 2011.


For the Commission


The President

José Manuel BARROSO
            





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

(2)  
            OJ C 95, 15.4.2010, p. 34.




ANNEX
Products listed in Annex I to the Treaty, intended for human consumption:

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

CZECH REPUBLIC AND SLOVAKIA
Spišské párky (TSG)
The use of the name is reserved.
Case C-76/11 P: Appeal brought on 21 February 2011 by Tresplain Investments Ltd against the judgment of the General Court (Eighth Chamber) delivered on 9 December 2010 in Case T-303/08: Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd
Date: 2011-02-21
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), supermarket, trade-mark law








C_2011120EN.01000602.xml










16.4.2011   


EN


Official Journal of the European Union


C 120/6





Appeal brought on 21 February 2011 by Tresplain Investments Ltd against the judgment of the General Court (Eighth Chamber) delivered on 9 December 2010 in Case T-303/08: Tresplain Investments Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd
(Case C-76/11 P)
2011/C 120/11
Language of the case: English

Parties


Appellant: Tresplain Investments Ltd (represented by: B. Brandreth, Barrister, J. Stobbs, Attorney)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hoo Hing Holdings Ltd

Form of order sought

The appellant claims that the Court should:






—


set aside the contested judgment of the General Court and the contested decision of the Board of Appeal of OHIM;










—


order OHIM to pay the appellant's costs incurred before the General Court and the Court of Justice of the European Union





Pleas in law and main arguments

The appellant submits that the General Court's Decision erred in law in its interpretation and application of Article 8(4) CTMR (1) in the following ways:






1.


The General Court and Board of Appeal wrongly concluded that the existence of goodwill created a right of more than mere local significance. It does not do so unless the goodwill is of more than mere local significance;










2.


The General Court and Board of Appeal wrongly concluded that the evidence of concurrent trading was evidence relevant only to the likelihood of a misrepresentation. Consideration should also have been given to the argument that the existence of concurrent goodwill would have rendered misrepresentation impossible.










3.


The General Court and Board of Appeal erred in treating the evidence of use as indicating that the goodwill was associated with the earlier sign relied upon.






(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark

OJ L 11, 14.1.1994, p. 1
Case C-75/11: Action brought on 21 February 2011 — European Commission v Republic of Austria
Date: 2011-02-21
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, free movement of workers, freedom to provide services, legal status








C_2011130EN.01001301.xml










30.4.2011   


EN


Official Journal of the European Union


C 130/13





Action brought on 21 February 2011 — European Commission v Republic of Austria
(Case C-75/11)
2011/C 130/23
Language of the case: German

Parties


Applicant: European Commission (represented by: V. Kreuschitz and D. Roussanov, Agents)

Defendant: Republic of Austria

Forms of order sought







—


declare that the Republic of Austria has failed to fulfil its obligations under Article 18 TFEU in conjunction with Articles 20 and 21 TFEU and Article 24 of Directive 2004/38/EC (1) of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, by granting reduced fares on means of public transport in principle only to students in respect of whom Austrian family assistance is granted;










—


order the Republic of Austria to pay the costs.





Pleas in law and main arguments

Union citizens have the right to move freely within the territory of the Member States subject to the conditions and limits defined by the Treaties and by the measures adopted thereunder. In so far as Union citizens exercise that right they must in principle be treated in the same way as citizens of the host Member State.
The linkage of the fare reduction for students at issue in the present dispute to the receipt of family assistance in Austria is by nature such as to disadvantage nationals of other Members States compared to Austrian citizens and therefore infringes the principle of equal treatment of Union citizens and a Member State’s own nationals.
Contrary to the view of the Austrian Government, the price reduction does not constitute a contribution in kind to compensate for family burdens, as it is clearly a benefit which can be claimed only by matriculated students at a college or university.
The unequal treatment of students whose parents cannot claim Austrian family assistance is also not covered by the exception contained in Article 24(2) of Directive 2004/38, according to which a host Member State may in certain circumstances refuse to grant aid for studies consisting in student grants or student loans to students from other Member States.
Exceptions from the equality principle must be interpreted strictly. Therefore reduced travel fares for students cannot be regarded as aid for studies consisting in student grants or student loans. The exclusion of students whose parents do not receive Austrian family assistance from the fare reduction at issue in the present case therefore infringes European Union law.


(1)  OJ 2004 L 158, p. 77.