do-me/EUR-LEX huggingface dataset:
Case T-408/09: Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.) (Community trade mark — Opposition proceedings — Application for Community figurative mark ‘ancotel’ — Earlier Community figurative mark ‘ACOTEL’ — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Relevant public)
Date: 2011-05-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telematics, trade-mark law








C_2011204EN.01002102.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/21





Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.)
(Case T-408/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark ‘ancotel’ - Earlier Community figurative mark ‘ACOTEL’ - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Relevant public)
2011/C 204/37
Language of the case: German

Parties


Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, 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, intervener before the General Court: Acotel SpA (Rome, Italy) (represented initially by D. De Simone and D. Demarinis, lawyers, and subsequently by D. De Simone, D. Demarinis and J. Wrede, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 19 June 2009 (Case R 1385/2008-1) concerning opposition proceedings between Acotel SpA and ancotel GmbH.

Operative part of the judgment

The Court:






1.


Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 June 2009 (Case R 1385/2008-1);










2.


Orders OHIM to bear its own costs and to pay those incurred by ancotel GmbH;










3.


Orders Acotel SpA to bear its own costs.






(1)  OJ C 312, 19.12.2009.
Case T-115/10: Order of the General Court of 24 May 2011 — United Kingdom v Commission (Action for annulment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Decision 2010/45/EU — List of sites of Community importance for the Mediterranean biogeographical region — Measure not open to challenge — Measure merely confirmatory — Inadmissibility)
Date: 2011-05-24
Institutions: General Court
Subjects: Gibraltar, United Kingdom, protected area, protection of animal life, protection of plant life








C_2011211EN.01002403.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/24





Order of the General Court of 24 May 2011 — United Kingdom v Commission
(Case T-115/10) (1)

(Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2010/45/EU - List of sites of Community importance for the Mediterranean biogeographical region - Measure not open to challenge - Measure merely confirmatory - Inadmissibility)
2011/C 211/54
Language of the case: English

Parties


Applicant: United Kingdom of Great Britain and Northern Ireland (represented by: S. Ossowski, acting as Agent, and by D. Wyatt QC and M. Wood, Barrister)

Defendant: European Commission (represented by: S. Boelaert and D. Recchia, Agents)

Re:

APPLICATION for partial annulment of Commission Decision 2010/45/EU of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Mediterranean biogeographical region (OJ 2010 L 30, p. 322) to the extent that it lists the site called ‘Estrecho oriental’ (under reference ES6120032) as a site of Community importance for the Mediterranean biogeographical region

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The United Kingdom of Great Britain and Northern Ireland shall pay the costs.










3.


There is no need to rule on the Kingdom of Spain’s application for leave to intervene.






(1)  OJ C 113, 1.5.2010.
Amendment to the Rules of Procedure of the General Court
Date: 2011-05-24
Institutions: General Court
Subjects: General Court (EU), judicial proceedings, rules of procedure








L_2011162EN.01001801.xml










22.6.2011   


EN


Official Journal of the European Union


L 162/18








            AMENDMENT TO THE RULES OF PROCEDURE OF THE GENERAL COURT
         


THE GENERAL COURT,

Having regard to the Treaty on the Functioning of the European Union, and in particular the fifth paragraph of Article 254 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,


Having regard to Article 63 of the Protocol on the Statute of the Court of Justice of the European Union,


Having regard to the agreement of the Court of Justice,


Whereas the Rules of Procedure should be amended to allow the lodging and service of procedural documents by electronic means, without the need for such documents to be posted or physically delivered,


With the Council’s approval given on 13 May 2011,

HAS ADOPTED THE FOLLOWING AMENDMENT TO ITS RULES OF PROCEDURE:



Article 1
The Rules of Procedure of the General Court of 2 May 1991 (OJ L 136 of 30 May 1991, p. 1, with corrigendum OJ L 317 of 19 November 1991, p. 34) (1) are hereby amended as follows:
A third paragraph shall be added to Article 100, worded as follows:
‘The General Court may by decision determine the criteria for a procedural document to be served by electronic means. That decision shall be published in the Official Journal of the European Union.’


Article 2
This amendment to the Rules of Procedure, which is authentic in the languages referred to in Article 35(1) of these Rules, shall be published in the Official Journal of the European Union and shall enter into force on the first day of the month following that of its publication.




Luxembourg, 24 May 2011.

E. COULON
            

Registrar



M. JAEGER
            

President






(1)  Amended on 15 September 1994 (OJ L 249 of 24 September 1994, p. 17), 17 February 1995 (OJ L 44 of 28 February 1995, p. 64), 6 July 1995 (OJ L 172 of 22 July 1995, p. 3), 12 March 1997 (OJ L 103 of 19 April 1997, p. 6, with corrigendum OJ L 351 of 23 December 1997, p. 72), 17 May 1999 (OJ L 135 of 29 May 1999, p. 92), 6 December 2000 (OJ L 322 of 19 December 2000, p. 4), 21 May 2003 (OJ L 147 of 14 June 2003, p. 22), 19 April 2004 (OJ L 132 of 29 April 2004, p. 3), 21 April 2004 (OJ L 127 of 29 April 2004, p. 108), 12 October 2005 (OJ L 298 of 15 November 2005, p. 1), 18 December 2006 (OJ L 386 of 29 December 2006, p. 45), 12 June 2008 (OJ L 179 of 8 July 2008, p. 12), 14 January 2009 (OJ L 24 of 28 January 2009, p. 9), 16 February 2009 (OJ L 60 of 4 March 2009, p. 3), 7 July 2009 (OJ L 184 of 16 July 2009, p. 10) and 26 March 2010 (OJ L 92 of 13 April 2010, p. 14).
Case F-59/11: Action brought on 24 May 2011 — ZZ v OHIM
Date: 2011-05-24
Institutions: Civil Service Tribunal
Subjects: indemnification, servant (EU), work contract








C_2011211EN.01003402.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/34





Action brought on 24 May 2011 — ZZ v OHIM
(Case F-59/11)
2011/C 211/70
Language of the case: French

Parties


Applicant(s): ZZ (represented by: R. Adam and P. Ketter, lawyers)

Defendant: OHIM

Subject-matter and description of the proceedings

First, annulment of the decision refusing a second renewal of the applicant’s initial contract as a member of the temporary staff and, second, annulment of his new contract as a member of the temporary staff, and damages.

Form of order sought







—


Annul the decision of the President of OHIM of 29 September 2010 refusing a second renewal of his contract as a member of the temporary staff initially concluded on 16 July 2005;










—


Annul the fixed term contract as a member of the temporary staff concluded on 1 August 2010 in so far as that contract in fact constitutes a second renewal of the initial contract referred to above;










—


Annul the decision of the President of OHIM of 18 February 2011;










—


Declare the existence of an employment relationship of indefinite duration;










—


Otherwise, annul the legal classification of the initial contract concluded on 16 July 2005 and of its end date, fixed, after renewal, at 16 July 2010, and reclassify it as employment on a contract of indefinite duration or declare that the applicant’s employment is of indefinite duration;










—


Order the defendant to make good the material and non-material loss suffered by the applicant through the conduct of OHIM, fixed provisionally, without obligation and without prejudice inter alia to possible increase during proceedings, at EUR 6 113,79 for the material loss and EUR 30 000,00 for the non-material loss;










—


In the alternative and if, contrary to all probability, the Tribunal should conclude that, despite the conclusion of a contract of employment of indefinite duration, the employment relationship ended on 16 July 2010 — quod non — grant damages for wrongful termination of contract;










—


In the further alternative, and if, contrary to all probability, the Tribunal should conclude that no reclassification or declaration of employment of indefinite duration was possible — quod non — grant damages for the loss suffered through the wrongful conduct of OHIM;










—


Reserve to the applicant all rights, remedies, means and actions, and, in particular, an order that OHIM pay damages commensurate with the loss suffered;










—


Reserve to the applicant the right to adduce by any means offered by the law and, in particular, by the hearing of witnesses, evidence of the facts of the case;










—


Order OHIM to pay the costs.
Amendments to the Rules of Procedure of the Court of Justice
Date: 2011-05-24
Institutions: Court of Justice of the European Union
Subjects: Court of Justice of the European Union, judicial proceedings, rules of procedure








L_2011162EN.01001701.xml










22.6.2011   


EN


Official Journal of the European Union


L 162/17








            AMENDMENTS TO THE RULES OF PROCEDURE OF THE COURT OF JUSTICE
         


THE COURT OF JUSTICE,

Having regard to the Treaty on the Functioning of the European Union, and in particular the sixth paragraph of Article 253 thereof,


Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,


Having regard to Article 63 of the Protocol on the Statute of the Court of Justice of the European Union,


Whereas certain provisions of the Rules of Procedure should be amended to allow the lodging and service of procedural documents by electronic means, without the need for those procedural steps to be confirmed by post or by the physical delivery of such documents,


With the Council’s approval given on 13 May 2011;

HAS ADOPTED THE FOLLOWING AMENDMENTS TO ITS RULES OF PROCEDURE:



Article 1
The Rules of Procedure of the Court of Justice of 19 June 1991, (1) last amended on 23 March 2010, (2) are hereby amended as follows:






1.


In the first subparagraph of Article 79(2), the words ‘other than a judgment or order of the Court’ shall be replaced by the words ‘, including a judgment or order of the Court,’.










2.


A third paragraph shall be added to Article 79, worded as follows:
‘The Court may by decision determine the criteria for a procedural document to be served by electronic means. That decision shall be published in the Official Journal of the European Union.’






Article 2
These amendments to the Rules of Procedure, which are authentic in the languages referred to in Article 29(1) of these Rules, shall be published in the Official Journal of the European Union and shall enter into force on the first day of the month following that of their publication.




Luxembourg, 24 May 2011.


                
            





(1)  
            OJ L 176, 4.7.1991, p. 7, with corrigendum OJ L 383, 29.12.1992, p. 117.

(2)  
            OJ L 92, 13.4.2010, p. 12.
Case T-176/09: Order of the General Court of 24 May 2011 — Government of Gibraltar v Commission (Action for annulment — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Decision 2009/95/EC — List of sites of Community importance for the Mediterranean biogeographical region — Inclusion in the site of Community importance called ‘Estrecho oriental’ of an area of the territorial waters of Gibraltar and of an area of the high seas — Partial annulment — Non-severability — Inadmissibility)
Date: 2011-05-24
Institutions: General Court
Subjects: Gibraltar, Mediterranean region (EU), Spain, United Kingdom, infringement of EU law, maritime area, territorial waters








C_2011211EN.01002401.xml










16.7.2011   


EN


Official Journal of the European Union


C 211/24





Order of the General Court of 24 May 2011 — Government of Gibraltar v Commission
(Case T-176/09) (1)

(Action for annulment - Directive 92/43/EEC - Conservation of natural habitats and of wild fauna and flora - Decision 2009/95/EC - List of sites of Community importance for the Mediterranean biogeographical region - Inclusion in the site of Community importance called ‘Estrecho oriental’ of an area of the territorial waters of Gibraltar and of an area of the high seas - Partial annulment - Non-severability - Inadmissibility)
2011/C 211/52
Language of the case: English

Parties


Applicant: Government of Gibraltar (represented by: D. Vaughan and M. Llamas, lawyers)

Defendant: European Commission (represented by: S. Boelaert and D. Recchia, Agents)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented by E. Jenkinson and S. Ossowski, Agents, and by D. Wyatt QC and M. Wood, Barrister)

Intervener in support of the defendant: Kingdom of Spain (represented by N. Díaz Abad and M. Muñoz Pérez, Agents

Re:

APPLICATION for partial annulment of Commission Decision 2009/95/EC of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (OJ 2009 L 43, p. 393), to the extent that it extends the site called ‘Estrecho oriental’ (ES6120032) to the territorial waters of Gibraltar (both within and outside Site UKGIB0002) and to an area of the high seas

Operative part of the order







1.


The action is dismissed as inadmissible.










2.


The Government of Gibraltar shall bear its own costs and pay those incurred by the European Commission.










3.


The Kingdom of Spain and the United Kingdom of Great Britain and Northern Ireland shall bear their own costs.






(1)  OJ C 153, 4.7.2009.
Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/273/CFSP and in Council Regulation (EU) No 442/2011 concerning restrictive measures against Syria apply
Date: 2011-05-24
Institutions: Council of the European Union
Subjects: Syria, economic sanctions, human rights, international sanctions, natural person, restriction of liberty, trade restriction








C_2011153EN.01000801.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/8





Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/273/CFSP and in Council Regulation (EU) No 442/2011 concerning restrictive measures against Syria apply
2011/C 153/04
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons who appear in the Annex to Council Decision 2011/273/CFSP (1), as implemented by Council Implementing Decision 2011/303/CFSP (2), and in Annex II to Council Regulation (EU) No 442/2011 (3), as implemented by Council Implementing Regulation (EU) No 504/2011 (4), concerning restrictive measures against Syria.
The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons and entities subject to restrictive measures provided for in Decision 2011/273/CFSP and in Regulation (EU) No 442/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex III to Regulation (EU) No 442/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 6 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, and fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 121, 10.5.2011, p. 11.

(2)  OJ L 136, 24.5.2011, p. 95.

(3)  OJ L 121, 10.5.2011, p. 1.

(4)  OJ L 136, 24.5.2011, p. 45.
Case T-161/10: Judgment of the General Court of 24 May 2011 — Longevity Health Products v OHIM — Tecnifar (E-PLEX) (Community trade mark — Opposition proceedings — Application for Community word mark E-PLEX — Earlier national word mark EPILEX — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-05-24
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, trade-mark law, veterinary drug








C_2011204EN.01002203.xml










9.7.2011   


EN


Official Journal of the European Union


C 204/22





Judgment of the General Court of 24 May 2011 — Longevity Health Products v OHIM — Tecnifar (E-PLEX)
(Case T-161/10) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark E-PLEX - Earlier national word mark EPILEX - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 204/40
Language of the case: English

Parties


Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Tecnifar — Industria Tecnica Farmaceutica, SA (Lisbon, Portugal)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009-4), relating to opposition proceedings between Tecnifar — Industria Tecnica Farmaceutica, SA and Longevity Health Products, Inc.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Longevity Health Products, Inc. to pay the costs.






(1)  OJ C 148, 5.6.2010.
Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
Date: 2011-05-24
Institutions: Council of the European Union
Subjects: Libya, economic sanctions, human rights, international sanctions, military equipment, natural person, technical cooperation, technology transfer








C_2011153EN.01000701.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/7





Notice for the attention of the persons to which restrictive measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya apply
2011/C 153/03
THE COUNCIL OF THE EUROPEAN UNION,
The following information is brought to the attention of the persons who appear in Annex II and IV to Council Decision 2011/137/CFSP (1), as implemented by Council Implementing Decision 2011/301/CFSP (2), and in Annex III to Council Regulation (EU) No 204/2011 (3), as implemented by Council Implementing Regulation (EU) No 502/2011 (4), concerning restrictive measures in view of the situation in Libya.
The Council of the European Union has decided that the persons that appear in the abovementioned Annexes should be included in the list of persons subject to restrictive measures provided for in Council Decision 2011/137/CFSP and in Council Regulation (EU) No 204/2011.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) No 204/2011, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 7 of the Regulation).
The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned lists should be reconsidered, to the following address:





Council of the European Union




General Secretariat




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 58, 3.3.2011, p. 53.

(2)  OJ L 136, 24.5.2011, p. 87.

(3)  OJ L 58, 3.3.2011, p. 1.

(4)  OJ L 136, 24.5.2011, p. 24.
Non-opposition to a notified concentration (Case COMP/M.6208 — Aeroports de Paris/JCDecaux Airport France/JV)  Text with EEA relevance
Date: 2011-05-24
Institutions: European Commission
Subjects: air transport, economic concentration, exchange of information, merger control








C_2011153EN.01000601.xml










24.5.2011   


EN


Official Journal of the European Union


C 153/6





Non-opposition to a notified concentration
(Case COMP/M.6208 — Aeroports de Paris/JCDecaux Airport France/JV)
(Text with EEA relevance)
2011/C 153/02
On 16 May 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 French 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 32011M6208. EUR-Lex is the on-line access to the European law.