do-me/EUR-LEX huggingface dataset:
Case T-372/09: Judgment of the General Court of 21 March 2011 — Visti Beheer v OHIM — Meister (GOLD MEISTER) (Community trade mark — Opposition proceedings — Application for figurative Community trade mark GOLD MEISTER — Earlier national and Community trade marks MEISTER — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-03-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, jewellery and goldsmith's articles, marketing, paper, polishing and scouring preparations, trade-mark law








C_2011139EN.01001701.xml










7.5.2011   


EN


Official Journal of the European Union


C 139/17





Judgment of the General Court of 21 March 2011 — Visti Beheer v OHIM — Meister (GOLD MEISTER)
(Case T-372/09) (1)

(Community trade mark - Opposition proceedings - Application for figurative Community trade mark GOLD MEISTER - Earlier national and Community trade marks MEISTER - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 139/32
Language of the case: German

Parties


Applicant: Visti Beheer BV (Helmond, The Netherlands) (represented by: A. Herbetz, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Meister & Co. AG (Wollerau, Switzerland) (represented by: V. Knies, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 26 June 2009 (Case R 1465/2008-1) concerning opposition proceedings between Meister & Co. AG and Visti Beheer BV

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Visti Beheer BV to bear its own costs and pay those incurred by OHIM;










3.


Orders Meister & Co. AG to bear its own costs.






(1)  OJ C 282, 21.11.2009.
Commission Implementing Regulation (EU) No 277/2011 of 21 March 2011 on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2011-03-21
Institutions: European Commission
Subjects: common organisation of markets, import licence, poultrymeat, tariff quota








L_2011076EN.01004401.xml










22.3.2011   


EN


Official Journal of the European Union


L 76/44








            COMMISSION IMPLEMENTING REGULATION (EU) No 277/2011
of 21 March 2011
         
on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat


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,


Having regard to Commission Regulation (EC) No 533/2007 of 14 May 2007 opening and providing for the administration of tariff quotas in the poultrymeat sector (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 533/2007 opened tariff quotas for imports of poultrymeat products.












(2)


The applications for import licences lodged during the first seven days of March 2011 for the subperiod from 1 April to 30 June 2011 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 533/2007 for the subperiod from 1 April to 30 June 2011 shall be multiplied by the allocation coefficients set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on 22 March 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 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 125, 15.5.2007, p. 9.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2011-30.6.2011
(%)




P1


09.4067


5,364212 




P3


09.4069


0,428145
Joined Cases T-139/10, T-280/10 to T-285/10 and T-349/10 to T-352/10: Order of the General Court of 21 March 2011 — Milux v OHIM (REFLUXCONTROL and Others) (Community trade mark — Representation of the applicant by a lawyer who is not a third party — Inadmissibility)
Date: 2011-03-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011145EN.01002702.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/27





Order of the General Court of 21 March 2011 — Milux v OHIM (REFLUXCONTROL and Others)
(Joined Cases T-139/10, T-280/10 to T-285/10 and T-349/10 to T-352/10) (1)

(Community trade mark - Representation of the applicant by a lawyer who is not a third party - Inadmissibility)
2011/C 145/46
Language of the case: English

Parties


Applicant: Milux Holding SA (Luxembourg, Luxembourg) (represented by: J. Bojs, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, acting as Agent)

Re:

Actions against the decisions of the Fourth Board of Appeal of OHIM of 13 January 2010 (Case R 1134/2009-4), concerning the application for registration of the word sign REFLUXCONTROL as a Community trade mark (Case T-139/10); of 29 April 2010 (Case R 1432/2009-4), concerning the application for registration of the word sign ANEURYSMCONTROL as a Community trade mark (Case T-280/10); of 29 April 2010 (Case R 1433/2009-4), concerning the application for registration of the word sign APPETITECONTROL as a Community trade mark (Case T-281/10); of 8 June 2010 (Case R 1434/2009-4), concerning the application for registration of the word sign STOMACONTROL as a Community trade mark (Case T-282/10); of 17 June 2010 (Case R 1435/2009-4), concerning the application for registration of the word sign BMICONTROL as a Community trade mark (Case T-283/10); of 3 June 2010 (Case R 1438/2009-4), concerning the application for registration of the word sign IMPLANTCONTROL as a Community trade mark (Case T-284/10); of 29 April 2010 (Case R 1444/2009-4), concerning the application for registration of the word sign CHEMOCONTROL as a Community trade mark (Case T-285/10); of 29 June 2010 (Case R 1436/2009-4), concerning the application for registration of the word sign OVUMCONTROL as a Community trade mark (Case T-349/10); of 2 July 2010 (Case R 1437/2009-4), concerning the application for registration of the word sign HEARTCONTROL as a Community trade mark (Case T-350/10); of 28 July 2010 (Case R 1439/2009-4), concerning the application for registration of the word sign VESICACONTROL as a Community trade mark (Case T-351/10); and of 28 July 2010 (Case R 1443/2009-4), concerning the application for registration of the word sign RECTALCONTROL as a Community trade mark (Case T-352/10)

Operative part of the order







1.


Cases T-139/10, T-280/10 to T-285/10 and T-349/10 to T-352/10 are joined for the purposes of the present order.










2.


The actions are dismissed as inadmissible.










3.


Milux Holding SA is ordered to pay the costs.






(1)  OJ C 148, 5.6.2010.
Case T-171/11: Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
Date: 2011-03-21
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011145EN.01003501.xml










14.5.2011   


EN


Official Journal of the European Union


C 145/35





Action brought on 21 March 2011 — Hopf v OHIM (Clampflex)
(Case T-171/11)
2011/C 145/58
Language of the case: German

Parties


Applicant: Hans-Jürgen Hopf (Zirndorf, Germany) (represented by V. Mensing, lawyer)

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

Form of order sought







—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 January 2011 in Case R 1514/2010-4;










—


Order OHIM to pay the costs, including those incurred in the course of the appeal procedure.





Pleas in law and main arguments


Community trade mark concerned: the word mark ‘Clampflex’ for goods in Classes 5, 9, 10, 17 and 20

Decision of the Examiner: partial rejection of the application

Decision of the Board of Appeal: dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (1) as the Community trade mark in question has distinctive character and is not descriptive


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1)
Commission Implementing Regulation (EU) No 281/2011 of 21 March 2011 on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2011-03-21
Institutions: European Commission
Subjects: egg, egg product, import licence, tariff quota








L_2011076EN.01005101.xml










22.3.2011   


EN


Official Journal of the European Union


L 76/51








            COMMISSION IMPLEMENTING REGULATION (EU) No 281/2011
of 21 March 2011
         
on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin


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,


Having regard to Commission Regulation (EC) No 539/2007 of 15 May 2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin (3), and in particular Article 5(6) thereof,

Whereas:







(1)


Regulation (EC) No 539/2007 opened tariff quotas for imports of egg products and egg albumin.












(2)


The applications for import licences lodged during the first seven days of March 2011 for the subperiod from 1 April to 30 June 2011 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,





HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged under Regulation (EC) No 539/2007 for the subperiod from 1 April to 30 June 2011 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 22 March 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 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 128, 16.5.2007, p. 19.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2011-30.6.2011
(%)




E2


09.4401


41,799476
Case F-29/11: Action brought on 21 March 2011 — ZZ v Commission
Date: 2011-03-21
Institutions: Civil Service Tribunal
Subjects: action for annulment (EU), civil servant, competition (EU)








C_2011173EN.01001602.xml










11.6.2011   


EN


Official Journal of the European Union


C 173/16





Action brought on 21 March 2011 — ZZ v Commission
(Case F-29/11)
2011/C 173/35
Language of the case: French

Parties


Applicant: ZZ (represented by: S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the selection board’s decision in competition EPSO/AD/147/09-RO not to admit the applicant to the oral test in that competition.

Form of order sought







—


Annul the Director of EPSO’s decision of 10 December 2010 to dismiss the applicant’s complaint;










—


in so far as it is necessary, annul the selection board’s decision in competition EPSO/AD/147/09-RO to award the applicant an eliminatory mark of 6/10 for his written test C;










—


order the Commission to pay the costs.
2011/183/EU: Council Decision of 21 March 2011 appointing a member of the Court of Auditors
Date: 2011-03-21
Institutions: Council of the European Union
Subjects: appointment of members, member of the Court of Auditors (EU), operation of the Institutions, staff








L_2011079EN.01001301.xml










25.3.2011   


EN


Official Journal of the European Union


L 79/13








            COUNCIL DECISION
         
of 21 March 2011
         
appointing a member of the Court of Auditors
(2011/183/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 286(5) thereof,


Having regard to the opinion of the European Parliament (1),

Whereas:







(1)


Mr Hubert WEBER, member of the Court of Auditors, has resigned with effect from 1 January 2011.












(2)


Mr Hubert WEBER should therefore be replaced for the remainder of his term of office,





HAS ADOPTED THIS DECISION:



Article 1
Mr Harald WÖGERBAUER is hereby appointed member of the Court of Auditors for the period from 1 April 2011 to 31 December 2013.


Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 21 March 2011.


For the Council


The President


               MARTONYI J.





(1)  Opinion of 8 March 2011 (not yet published in the Official Journal).
Commission Implementing Regulation (EU) No 278/2011 of 21 March 2011 on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat
Date: 2011-03-21
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2011076EN.01004601.xml










22.3.2011   


EN


Official Journal of the European Union


L 76/46








            COMMISSION IMPLEMENTING REGULATION (EU) No 278/2011
of 21 March 2011
         
on the issue of import licences for applications lodged during the first seven days of March 2011 under the tariff quota opened by Regulation (EC) No 1385/2007 for poultrymeat


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,


Having regard to Commission Regulation (EC) No 1385/2007 of 26 November 2007 laying down detailed rules for the application of Council Regulation (EC) No 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat (3), and in particular Article 5(6) thereof,

Whereas:

The applications for import licences lodged during the first seven days of March 2011 for the subperiod from 1 April to 30 June 2011 relate, for some quotas, to quantities exceeding those available. The extent to which import licences may be issued should therefore be determined by establishing the allocation coefficient to be applied to the quantities requested,

HAS ADOPTED THIS REGULATION:



Article 1
The quantities for which import licence applications have been lodged for the subperiod from 1 April to 30 June 2011 under Regulation (EC) No 1385/2007 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 22 March 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 March 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 309, 27.11.2007, p. 47.




ANNEX







Group No


Order No


Allocation coefficient for import licence applications lodged for the subperiod from 1.4.2011-30.6.2011
(%)




1


09.4410


0,366598 




3


09.4412


0,374816 




4


09.4420


0,458298 




6


09.4422


0,476877
Commission Implementing Regulation (EU) No 280/2011 of 21 March 2011 on the issue of import licences for applications submitted in the first seven days of March 2011 under the tariff quota for high-quality beef administered by Regulation (EC) No 620/2009
Date: 2011-03-21
Institutions: European Commission
Subjects: Community certification, beef, import licence, product quality, quantitative restriction, tariff quota








L_2011076EN.01005001.xml










22.3.2011   


EN


Official Journal of the European Union


L 76/50








            COMMISSION IMPLEMENTING REGULATION (EU) No 280/2011
of 21 March 2011
         
on the issue of import licences for applications submitted in the first seven days of March 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 March 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 March 2011 in accordance with Article 3 of Regulation (EC) No 620/2009, shall be multiplied by an allocation coefficient of 28,677523 %.


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, 21 March 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 C-141/11: Reference for a preliminary ruling from the Södertörns Tingsrätt (Sweden) lodged on 21 March 2011 — Torsten Hörnfeldt v Posten Meddelande AB
Date: 2011-03-21
Institutions: General Court
Subjects: anti-discriminatory measure, employment policy, equal treatment, social policy








C_2011152EN.01001602.xml










21.5.2011   


EN


Official Journal of the European Union


C 152/16





Reference for a preliminary ruling from the Södertörns Tingsrätt (Sweden) lodged on 21 March 2011 — Torsten Hörnfeldt v Posten Meddelande AB
(Case C-141/11)
2011/C 152/29
Language of the case: Swedish

Referring court

Södertörns Tingsrätt

Parties to the main proceedings


Applicant: Karl Torsten Hörnfeldt

Defendant: Posten Meddelande AB

Questions referred

The Tingsrätt asks the Court of Justice of the European Union to answer the following questions concerning the interpretation of the general principle of law on the prohibition of age discrimination and of Article 6 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation: (1)







1.


Can a national rule which, like the 67-year rule, gives rise to a difference of treatment on grounds of age be legitimate even if it is not possible to determine clearly from the context in which the rule has come into being or from other information what aim or purpose the rule is intended to serve?










2.


Does a national retirement provision such as the 67-year rule, to which there is no exception and which does not take account of factors such as the pension which an individual may ultimately receive, go beyond what is appropriate and necessary in order to achieve the aim pursued?






(1)  OJ 2000 L 303, p. 16.