do-me/EUR-LEX huggingface dataset:
Case T-228/11 P: Appeal on 26 April 2011 by Florence Barbin against the judgment of 15 February 2011 by the Civil Service Tribunal in Case F-68/09 Barbin v Parliament
Date: 2011-04-26
Institutions: General Court
Subjects: competition (EU), promotion, recognition of vocational training qualifications








C_2011211EN.01002601.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/26





Appeal on 26 April 2011 by Florence Barbin against the judgment of 15 February 2011 by the Civil Service Tribunal in Case F-68/09 Barbin v Parliament
(Case T-228/11 P)
2011/C 211/56
Language of the case: French

Parties


Appellant: Florence Barbin (Luxembourg, Luxembourg) (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal, and D. Abreu Caldas, lawyers)

Other party to the proceedings: European Parliament

Forms of order sought

The appellant claims that the Court should:






—


annul the judgment of the Civil Service Tribunal of 15 February 2011 in Case F-68/09 Barbin v Parliament, dismissing the action by the appellant;










—


annul the decision of 10 November 2008 not to promote the appellant to Grade AD12 in the 2006 promotions year;










—


order the European Parliament to pay the costs.





Pleas in law and main arguments

By this appeal, the appellant seeks the annulment of the judgment of the Civil Service Tribunal of 15 February 2011 in Case F-68/09 Barbin v Parliament, in which the Civil Service Tribunal dismissed her action for the annulment of the European Parliament’s decision of 10 November 2008 not to promote her to Grade AD12 in the promotion year 2006.
In support of her appeal, the appellant makes two pleas in law, claiming:






—


error of law in that the Civil Service Tribunal wrongly took the view that the Parliament did not make a manifest error of assessment in deciding, first, that the latter was not required to comply with the internal rules on staff reports and promotions, and, second, that it could lawfully promote officials having fewer merit points than the appellant on the strength of grounds not taking account of the system for comparing the respective merits of officials eligible for promotion such as that established by the decisions of the Bureau and the Secretary General of the European Parliament;










—


infringement of the principle of equal treatment and of the obligation of the Parliament to prove that the appellant suffered no discrimination on account of exercising her right to parental leave.
Case T-227/11: Action brought on 26 April 2011 — Wall v OHIM — Bluepod Media Worldwide (bluepod media)
Date: 2011-04-26
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011194EN.01001802.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/18





Action brought on 26 April 2011 — Wall v OHIM — Bluepod Media Worldwide (bluepod media)
(Case T-227/11)
2011/C 194/30
Language in which the application was lodged: English

Parties


Applicant: Wall AG (Berlin, Germany) (represented by: A. Nordemann, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bluepod Media Worldwide Ltd (London, United Kingdom)

Form of order sought







—


Partially annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 10 February 2011 in case R 301/2010-1; and










—


Order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments


Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark ‘bluepod media’, for goods and services in classes 9, 35, 38 and 41 — Community trade mark application No 6099709

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registration No 5660972 for the figurative mark ‘blue spot’, for services in classes 35, 36, 37 and 38; International trade mark registration No 880800 for the word mark ‘BlueSpot’, for services in classes 35, 37 and 38; German trade mark registration No 30472373 for the word mark ‘BlueSpot’, for services in classes 35, 37 and 38

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Partially allowed the appeal and partially rejected the application. Correspondingly, allowed the application in the remainder and partially rejected the opposition.

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly assessed that there was no likelihood of confusion.
Commission Implementing Regulation (EU) No 416/2011 of 26 April 2011 approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Valle d’Aosta Lard d’Arnad/Vallée d’Aoste Lard d’Arnad (PDO))
Date: 2011-04-26
Institutions: European Commission
Subjects: Italy, designation of origin, labelling, location of production, mode of production, pigmeat, product designation








L_2011110EN.01002001.xml










29.4.2011   


EN


Official Journal of the European Union


L 110/20








            COMMISSION IMPLEMENTING REGULATION (EU) No 416/2011
of 26 April 2011
         
approving a non-minor amendment to the specification for a name entered in the register of protected designations of origin and protected geographical indications (Valle d’Aosta Lard d’Arnad/Vallée d’Aoste Lard d’Arnad (PDO))


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 9(1) of Regulation (EC) No 510/2006 and in accordance with Article 17(2) thereof, the Commission has examined Italy’s application for the approval of amendments to the specification for the protected designation of origin ‘Valle d’Aosta Lard d’Arnad/Vallée d’Aoste Lard d’Arnad’, registered under Commission Regulation (EC) No 1107/96 (2), as amended by Regulation (EC) No 1263/96 (3).












(2)


Since the amendments in question are not minor within the meaning of Article 9 of Regulation (EC) No 510/2006, the Commission published the amendment application in the Official Journal of the European Union (4), as required by the first subparagraph of Article 6(2) of that Regulation. As no statement of objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been sent to the Commission, the amendments should be approved,





HAS ADOPTED THIS REGULATION:



Article 1
The amendments to the specification published in the Official Journal of the European Union regarding the name in the Annex to this Regulation are hereby approved.


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, 26 April 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 L 148, 21.6.1996, p. 1.

(3)  
            OJ L 163, 2.7.1996, p. 19.

(4)  
            OJ C 222, 17.8.2010, p. 14.




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

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

ITALY
Valle d’Aosta Lard d’Arnad/Vallée d’Aoste Lard d’Arnad (PDO)
Commission Implementing Regulation (EU) No 414/2011 of 26 April 2011 entering a name in the register of protected designations of origin and protected geographical indications (Φιρίκι Πηλίου (Firiki Piliou) (PDO))
Date: 2011-04-26
Institutions: European Commission
Subjects: Greece, designation of origin, labelling, location of production, mode of production, originating product, pip fruit, product designation








L_2011110EN.01001601.xml










29.4.2011   


EN


Official Journal of the European Union


L 110/16








            COMMISSION IMPLEMENTING REGULATION (EU) No 414/2011
of 26 April 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Φιρίκι Πηλίου (Firiki Piliou) (PDO))


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) and in accordance with Article 17(2) of Regulation (EC) No 510/2006, Greece’s application to register the name ‘Φιρίκι Πηλίου (Firiki Piliou)’ 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 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, 26 April 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 222, 17.8.2010, p. 9.




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

Class 1.6.   Fruit, vegetables and cereals, fresh or processed

GREECE
Φιρίκι Πηλίου (Firiki Piliou) (PDO)
Case T-243/11: Action brought on 26 April 2011 — Glaxo Group v OHIM — Farmodiética (ADVANCE)
Date: 2011-04-26
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law








C_2011194EN.01001902.xml










2.7.2011   


EN


Official Journal of the European Union


C 194/19





Action brought on 26 April 2011 — Glaxo Group v OHIM — Farmodiética (ADVANCE)
(Case T-243/11)
2011/C 194/32
Language in which the application was lodged: English

Parties


Applicant: Glaxo Group Ltd (Greenford, United Kingdom) (represented by: O. Benito, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Farmodiética — Cosmética, Dietética e Produtos Farmacêuticos, Lda (Estarda de S.Marcos, Portugal)

Form of order sought







—


Stay the proceedings until an invalidity action in Portugal is decided since this invalidity action is challenging the only basis upon which the CTM No 6472971 was rejected, and if this invalidity action is not successful;










—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 February 2011 in case R 665/2010-4; and










—


Order the defendant and/or the other party to the proceedings before the Board of Appeal to bear the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘ADVANCE’, for goods in class 5 — Community trade mark application No 6472971

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: Portuguese trade mark registration No 417744 for the figurative mark ‘ADVANCIS CAPS MORE BIOAVAILABLE. MORE EFFECTIVE’, for goods in classes 3 and 5

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 65(2) of Council Regulation No 207/2009, as the Board of Appeal: (i) deemed that the applicant did not challenge the opposition division’s decision of 25 February 2010 as regards the similarity of the goods concerned, (ii) deemed that there was no reason to depart from the opposition division’s decision of 25 February 2010 as regards the similarity of the goods concerned, (iii) did not analyse whether the goods concerned in class 3 are similar or dissimilar to the goods concerned in class 5, (iv) did not explain why it was relevant to take into account how the signs are pronounced in English when the relevant territory is Portugal, (v) deemed that the conflicting marks are similar from an aural point of view in English, (vi) applied the incorrect tests as regards comparison of the signs, thus wrongly finding the level of similarity to be average, and (vii) applied incorrect and incomplete tests in assessing global likelihood of confusion.
Case C-195/11 P: Appeal brought on 26 April 2011 by European Commission against the judgment of the General Court (Seventh Chamber) delivered on 17 February 2011 in Case T-122/09: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd v Council of the European Union
Date: 2011-04-26
Institutions: Court of Justice
Subjects: China, anti-dumping duty, human nutrition, import, originating product








C_2011179EN.01001301.xml










18.6.2011   


EN


Official Journal of the European Union


C 179/13





Appeal brought on 26 April 2011 by European Commission against the judgment of the General Court (Seventh Chamber) delivered on 17 February 2011 in Case T-122/09: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd v Council of the European Union
(Case C-195/11 P)
2011/C 179/24
Language of the case: English

Parties


Appellant: European Commission (represented by: T. Maxian Rusche, H. van Vliet, Agents)

Other parties to the proceedings: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union

Form of order sought

The appellant claims that the Court should:






—


set aside the Judgment;










—


order the Applicants to pay the Commission's costs in bringing this Appeal.





Pleas in law and main arguments

Point 1 of the operative part of the contested judgment annuls Council regulation (EC) no 1355/2008 (1) insofar as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd (‘the applicants’), thereby fully annulling the anti-dumping duty imposed, leading to a zero anti-dumping duty on imports by the applicants.
The Commission submits that the General Court has ruled ultra petita by fully annulling the duty even though the applicants themselves admit that the adjustment that they had been seeking would only have led to a lower anti-dumping duty being imposed on their products.
Therefore, in the view of the Commission, the operative part of the contested judgment violates article 264, first paragraph, in conjunction with article 254, sixth paragraph, of the TFEU and the principle of proportionality. The annulment of the whole regulation insofar as it concerns the applicants is disproportionate to the only ground for annulment which was accepted by the General Court. It is also ultra petita.


(1)  Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China
OJ L 350, p. 35
Commission Implementing Regulation (EU) No 415/2011 of 26 April 2011 entering a name in the register of protected designations of origin and protected geographical indications (Lapin Poron kylmäsavuliha (PDO))
Date: 2011-04-26
Institutions: European Commission
Subjects: Finland, designation of origin, labelling, location of production, meat, product designation








L_2011110EN.01001801.xml










29.4.2011   


EN


Official Journal of the European Union


L 110/18








            COMMISSION IMPLEMENTING REGULATION (EU) No 415/2011
of 26 April 2011
         
entering a name in the register of protected designations of origin and protected geographical indications (Lapin Poron kylmäsavuliha (PDO))


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, Finland’s application to register the name ‘Lapin Poron kylmäsavuliha’ 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 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, 26 April 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 225, 20.8.2010, p. 12.




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

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

FINLAND
Lapin Poron kylmäsavuliha (PDO)