do-me/EUR-LEX huggingface dataset:
Case T-488/09: Judgment of the General Court of 12 May 2011 — Jager & Polacek v OHIM (REDTUBE) (Community trade mark — Opposition proceedings — Application for the Community word mark REDTUBE — Earlier unregistered national mark Redtube — Failure to pay the opposition fee within the prescribed period — Decision deeming the opposition non-existent — Article 8(3) of Regulation (EC) No 2869/95 — Protection of legitimate expectations — Rule 17 of Regulation (EC) No 2868/95 — Ex parte proceedings — Article 8(2) of Regulation (EC) No 216/96 — Rule 18 of Regulation No 2868/95 — Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible — Rule of parallelism of procedural requirements and of the actus contrarius — Article 80 of Regulation (EC) No 207/2009)
Date: 2011-05-12
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), education, leisure, recording equipment, recording medium, telecommunications, trade-mark law








C_2011186EN.01002302.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/23





Judgment of the General Court of 12 May 2011 — Jager & Polacek v OHIM (REDTUBE)
(Case T-488/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark REDTUBE - Earlier unregistered national mark Redtube - Failure to pay the opposition fee within the prescribed period - Decision deeming the opposition non-existent - Article 8(3) of Regulation (EC) No 2869/95 - Protection of legitimate expectations - Rule 17 of Regulation (EC) No 2868/95 - Ex parte proceedings - Article 8(2) of Regulation (EC) No 216/96 - Rule 18 of Regulation No 2868/95 - Legal nature of a communication from OHIM informing a party that an opposition has been found to be admissible - Rule of parallelism of procedural requirements and of the actus contrarius - Article 80 of Regulation (EC) No 207/2009)
2011/C 186/43
Language of the case: German

Parties


Applicant: Jager & Polacek GmbH (Vienna, Austria) (represented by: A. Renck, V. von Bomhard and T. Dolde, lawyers)

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

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 29 September 2009 (Case R 442/2009-4), concerning opposition proceedings between Jager & Polacek GmbH and RT Mediasolutions s.r.o.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Jager & Polacek GmbH to pay the costs.






(1)  OJ C 37, 13.2.2010.
Case T-248/11: Action brought on 12 May 2011 — International Engine Intellectual Property Company v OHIM (PURE POWER)
Date: 2011-05-12
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011211EN.01002801.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/28





Action brought on 12 May 2011 — International Engine Intellectual Property Company v OHIM (PURE POWER)
(Case T-248/11)
2011/C 211/60
Language of the case: English

Parties


Applicant: International Engine Intellectual Property Company, LLC (Warrenville, United States) (represented by: C. Thomas and B. Reiter, lawyers)

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

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 15 February 2011 in case R 2310/2010-2;










—


Order the defendant to pay the costs of the proceedings;










—


Set a date for an oral hearing for the case that findings of the General Court are not possible without an oral hearing.





Pleas in law and main arguments


Community trade mark concerned: The word mark ‘PURE POWER’ for goods in class 12

Decision of the Trade Marks Department: Refused the application

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 7(1)(b), (c) and 7(2) of Council Regulation No 207/2009 as well as the ‘general principles of trademark law’, as the Board of Appeal found that the mark applied for was of descriptive character for the goods in respect of which registration was sought and devoid of any distinctiveness.
Commission information notice pursuant to the procedure laid down in Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Public service obligations in respect of scheduled air services  Text with EEA relevance
Date: 2011-05-12
Institutions: European Commission
Subjects: Italy, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011141EN.01000501.xml










12.5.2011   


EN


Official Journal of the European Union


C 141/5





Commission information notice pursuant to the procedure laid down in Article 16(4) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Public service obligations in respect of scheduled air services
(Text with EEA relevance)
2011/C 141/05






Member State


Italy




Routes concerned


Reggio Calabria–Milano Malpensa and vice-versa, Reggio Calabria–Pisa San Giusto and vice-versa, Reggio Calabria–Torino Caselle and vice-versa.




Date of entry into force of the public service obligations


27 June 2011




Address where information and/or documentation related to the public service obligation can be obtained free of charge







ENAC (Ente nazionale per l’aviazione civile)




Direzione sviluppo trasporto aereo




Viale del Castro Pretorio 118




00185 Roma RM




ITALIA




http://www.enac.gov.it




E-mail: osp@enac.gov.it
Case F-50/09: Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — Missir Mamachi di Lusignano v European Commission (Civil service — Officials — Action for damages — Rule of correspondence between request, complaint and action regarding compensation — Inter partes nature of proceedings — Use in judicial proceedings of a confidential document classified as ‘EU restricted’ — Non-contractual liability of the institutions — Liability for fault — Causal link — Plurality of causes of damage — Third party fault — Strict liability — Duty to provide assistance — Obligation on an institution to ensure the protection of its staff — Murder of an official and his spouse by a third party — Loss of a chance of survival)
Date: 2011-05-12
Institutions: Civil Service Tribunal
Subjects: European Commission, action for annulment (EU), crime against individuals, damages, fine, indemnification, limitation of legal proceedings








C_2011232EN.01003901.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/39






Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — Missir Mamachi di Lusignano v European Commission
(Case F-50/09) (1)

(Civil service - Officials - Action for damages - Rule of correspondence between request, complaint and action regarding compensation - Inter partes nature of proceedings - Use in judicial proceedings of a confidential document classified as ‘EU restricted’ - Non-contractual liability of the institutions - Liability for fault - Causal link - Plurality of causes of damage - Third party fault - Strict liability - Duty to provide assistance - Obligation on an institution to ensure the protection of its staff - Murder of an official and his spouse by a third party - Loss of a chance of survival)
(2011/C 232/66)
Language of the case: Italian

Parties


Applicant: Livio Missir Mamachi di Lusignano (Kerkhove-Avelgem, Belgium) (represented by: F. Di Gianni, R. Antonini and N. Sibona, lawyers)

Defendant: European Commission (represented by: L. Pignataro, B. Eggers and D. Martin, Agents)

Re:

Application for an order that the defendant pay a sum by way of reparation for material and non-material damage suffered by the applicant by reason of the murder of his son, a former official.

Operative part of the judgment

The Tribunal:






1.


Dismisses the action;










2.


Orders the extracts from the 2006 document on security standards and criteria, sent by the European Commission to the Tribunal in the course of proceedings, to be returned immediately to the European Commission in an envelope marked “confidential” and ‘classified restricted EU’.










3.


Orders the European Commission to pay all the costs.






(1)  OJ C 167, 18.7.2009, p. 27.
Case F-66/10: Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — AQ v European Commission (Staff case — Officials — Appraisal report — Appraisal period 2009 — Appraiser’s grade lower than that of the holder of the post — Appraisal of performance in part of the reference period — Failure to fix objectives for the holder of the post)
Date: 2011-05-12
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action for annulment, indemnification, promotion








C_2011232EN.01004101.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/41






Judgment of the Civil Service Tribunal (First Chamber) of 12 May 2011 — AQ v European Commission
(Case F-66/10) (1)

(Staff case - Officials - Appraisal report - Appraisal period 2009 - Appraiser’s grade lower than that of the holder of the post - Appraisal of performance in part of the reference period - Failure to fix objectives for the holder of the post)
(2011/C 232/72)
Language of the case: French

Parties


Applicant: AQ (Brussels, Belgium) (represented by: L. Massaux, lawyer)

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Re:

Application for annulment of the appraisal report covering the period from 1 January to 31 December 2008, in that it classified the applicant in performance level III and awarded him two promotion points.

Operative part of the judgment

The Tribunal:






1.


Annuls the report appraising AQ in the appraisal and promotion period 2009 and also the decision awarding AQ two promotion points for the same period;










2.


Orders the European Commission to pay AQ the sum of EUR 2 000;










3.


Dismisses the remainder of the claims in the action;










4.


Orders the European Commission to pay all the costs.






(1)  OJ C 288, 23.10.2010, p. 74.
Commission information notice pursuant to the procedure laid down in Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in OJ C 141, 12.5.2011  Text with EEA relevance
Date: 2011-05-12
Institutions: European Commission
Subjects: Italy, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011141EN.01000701.xml










12.5.2011   


EN


Official Journal of the European Union


C 141/7





Commission information notice pursuant to the procedure laid down in Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in OJ C 141, 12.5.2011

(Text with EEA relevance)
2011/C 141/07






Member State


Italy




Route concerned


Reggio Calabria–Pisa San Giusto and vice-versa




Period of validity of the contract


2 years from 27 June 2011




Deadline for submission of tenders


2 months after the publication of this information notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation is made available free of charge







ENAC (Ente nazionale per l’aviazione civile)




Direzione sviluppo trasporto aereo




Viale del Castro Pretorio 118




00185 Roma RM




ITALIA




http://www.enac.gov.it




E-mail: osp@enac.gov.it
Euro exchange rates
Date: 2011-05-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2011141EN.01000101.xml










12.5.2011   


EN


Official Journal of the European Union


C 141/1





Euro exchange rates (1)

11 May 2011
2011/C 141/01

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4357




JPY


Japanese yen


116,47




DKK


Danish krone


7,4559




GBP


Pound sterling


0,87075




SEK


Swedish krona


8,9460




CHF


Swiss franc


1,2661




ISK


Iceland króna


 




NOK


Norwegian krone


7,7890




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,258




HUF


Hungarian forint


263,67




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9013




RON


Romanian leu


4,0918




TRY


Turkish lira


2,2644




AUD


Australian dollar


1,3255




CAD


Canadian dollar


1,3701




HKD


Hong Kong dollar


11,1580




NZD


New Zealand dollar


1,8074




SGD


Singapore dollar


1,7666




KRW


South Korean won


1 543,42




ZAR


South African rand


9,7368




CNY


Chinese yuan renminbi


9,3220




HRK


Croatian kuna


7,3780




IDR


Indonesian rupiah


12 236,29




MYR


Malaysian ringgit


4,2777




PHP


Philippine peso


61,557




RUB


Russian rouble


39,7180




THB


Thai baht


43,186




BRL


Brazilian real


2,3102




MXN


Mexican peso


16,5996




INR


Indian rupee


64,1690






(1)  Source: reference exchange rate published by the ECB.
Joined Cases T-267/08 and T-279/08: Judgment of the General Court of 12 May 2011 — Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission (State aid — Construction of railway equipment — Repayable advances — Decision declaring the aid incompatible with the common market and ordering its recovery — Alteration of heads of claim — Rights of defence — Obligation to state reasons — State resources — Whether State held responsible — Criterion of private investor — Undertaking in difficulties)
Date: 2011-05-12
Institutions: General Court
Subjects: France, State aid, action for annulment








C_2011186EN.01001901.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/19





Judgment of the General Court of 12 May 2011 — Région Nord-Pas-de-Calais and Communauté d'agglomération du Douasis v Commission
(Joined Cases T-267/08 and T-279/08) (1)

(State aid - Construction of railway equipment - Repayable advances - Decision declaring the aid incompatible with the common market and ordering its recovery - Alteration of heads of claim - Rights of defence - Obligation to state reasons - State resources - Whether State held responsible - Criterion of private investor - Undertaking in difficulties)
2011/C 186/34
Language of the case: French

Parties


Applicants: Région Nord-Pas-de-Calais (represented by M. Cliquennois and F. Cavedon, lawyers) (Case T-267/08) and Communauté d’agglomération du Douasis (represented by M.Y. Benjamin and D. Rombi, lawyers) (Case T-279/08)

Defendant: European Commission (represented by: C. Giolito and B. Stromsky, Agents)

Re:

Originally, application for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA, and then application for annulment of Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 implemented by France in favour of Arbel Fauvet Rail.

Operative part of the judgment

The Court:






1.


Declares that there is no longer any need to adjudicate on the applications for annulment of Decision C(2008) 1089 final of the Commission of 2 April 2008 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail SA;










2.


Dismisses the actions;










3.


Orders the European Commission to pay the costs, save those incurred by Région Nord-Pas-de-Calais and the Communauté d’agglomération du Douasis after they were sent Decision C(2010) 4112 final of the Commission of 23 June 2010 concerning State aid C 38/2007 (ex NN 45/2007) implemented by France in favour of Arbel Fauvet Rail and withdrawing Decision C(2008) 1089 final.






(1)  OJ C 247, of 27.9.2008.
Commission information notice pursuant to the procedure laid down in Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in OJ C 141, 12.5.2011  Text with EEA relevance
Date: 2011-05-12
Institutions: European Commission
Subjects: Italy, air transport, disclosure of information, inland transport, public service, transport regulations








C_2011141EN.01000801.xml










12.5.2011   


EN


Official Journal of the European Union


C 141/8





Commission information notice pursuant to the procedure laid down in Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations as detailed in the information notice published in OJ C 141, 12.5.2011

(Text with EEA relevance)
2011/C 141/08






Member State


Italy




Route concerned


Reggio Calabria–Milano Malpensa and vice-versa




Period of validity of the contract


2 years from 27 June 2011




Deadline for submission of tenders


2 months after the publication of this information notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public tender and the public service obligation is made available free of charge







ENAC (Ente nazionale per l’aviazione civile)




Direzione sviluppo trasporto aereo




Viale del Castro Pretorio 118




00185 Roma RM




ITALIA




http://www.enac.gov.it




E-mail: osp@enac.gov.it
Prior notification of a concentration (Case COMP/M.6162 — Pfizer/Ferrosan Consumer Healthcare Business)  Text with EEA relevance
Date: 2011-05-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical industry








C_2011141EN.01001501.xml










12.5.2011   


EN


Official Journal of the European Union


C 141/15





Prior notification of a concentration
(Case COMP/M.6162 — Pfizer/Ferrosan Consumer Healthcare Business)
(Text with EEA relevance)
2011/C 141/15






1.


On 2 May 2011 the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which Pfizer Inc. (‘Pfizer’, USA) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the consumer health care business of Ferrosan Holding A/S (‘Ferrosan’, Denmark) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Pfizer: a publicly listed global research-based biomedical and pharmaceutical company active in discovering, developing, manufacturing, marketing and selling innovative medicines for humans and animals,










—


for Ferrosan: the Consumer Healthcare business of Ferrosan Holding A/S. The Medical Devices business of Ferrosan is not subject of the proposed acquisition.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6162 — Pfizer/Ferrosan Consumer Healthcare Business, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Case T-464/09: Judgment of the General Court of 12 May 2011 — Commission v New Acoustic Music and Hildibrandsdottir (Arbitration clause — Contract for financial assistance concluded under the ‘Culture 2000’ Framework Programme — Implementation of the action entitled ‘European Music Roadwork’ — Non-performance of the contract — Repayment of part of the amounts advanced — Partial inadmissibility of the action — Procedure by default — Legal aid)
Date: 2011-05-12
Institutions: General Court
Subjects: EU programme, European Commission, appeal, culture, music, redemption








C_2011186EN.01002301.xml










25.6.2011   


EN


Official Journal of the European Union


C 186/23





Judgment of the General Court of 12 May 2011 — Commission v New Acoustic Music and Hildibrandsdottir
(Case T-464/09) (1)

(Arbitration clause - Contract for financial assistance concluded under the ‘Culture 2000’ Framework Programme - Implementation of the action entitled ‘European Music Roadwork’ - Non-performance of the contract - Repayment of part of the amounts advanced - Partial inadmissibility of the action - Procedure by default - Legal aid)
2011/C 186/42
Language of the case: English

Parties


Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and N. Bambara, Agents, assisted by C. Erkelens, lawyer)

Defendants: New Acoustic Music Association (Orpington, United Kingdom); and Anna Hildur Hildibrandsdottir (Orpington, United Kingdom)

Re:

Application by the Commission under an arbitration clause within the meaning of Article 238 EC, seeking an order that New Acoustic Music Association and Ms Hildibrandsdottir repay to it part of the amount of the advances paid, together with default interest, in performance of Contract No 2003-1895/001-001, to carry out the action entitled ‘CLT2003/A1/GB-317 — European Music Roadwork’, as part of the ‘Culture 2000’ Framework Programme established by Decision 508/2000/EC of the European Parliament and of the Council of 14 February 2000 (OJ 2000 L 63, p. 1).

Operative part of the judgment

The Court:






1.


Declares that the action is inadmissible in so far as it is brought against New Acoustic Music Association;










2.


Orders Ms Anna Hildur Hildibrandsdottir, as a member of the New Acoustic Music Association partnership, to repay to the European Commission the amount of EUR 31 136,23, together with interest at the rate of 7,70% per annum as of 14 January 2008 until the debt is fully discharged;










3.


Orders Ms Hildibrandsdottir to pay the costs.










4.


Ms Hildibrandsdottir’s application for legal aid is rejected.






(1)  OJ C 51, 27.2.2010.