do-me/EUR-LEX huggingface dataset:
Case T-326/11: Action brought on 20 June 2011 — Brainlab v OHIM (BrainLAB)
Date: 2011-06-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011269EN.01005001.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/50





Action brought on 20 June 2011 — Brainlab v OHIM (BrainLAB)
(Case T-326/11)
2011/C 269/111
Language of the case: German

Parties


Applicant: Brainlab AG (Feldkirchen, Germany) (represented by J. Bauer, lawyer)

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

Form of order sought

The applicant claims that the Court should:






—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 April 2011 in Case R 1596/2010-4;










—


Refer the case back to the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) for a decision on the question whether all due care was taken in respect of the renewal of the relevant Community trade mark BrainLAB, No 1 290 113;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: the word mark BrainLAB for goods and services in Classes 9, 10 and 42

Decision of the department ‘Register and associated databases’: Dismissal of the application for restitutio in integrum as regards the time-limit for filing the request for renewal and paying the renewal fee

Decision of the Board of Appeal: Dismissal of the application for restitutio in integrum and finding that Community trade mark No 1 290 113 had expired

Pleas in law: Infringement of Article 81 of Regulation No 207/2009 as it was not possible for any of the parties, in spite of all due care required by the circumstances having been taken, to comply with a time-limit vis-à-vis the defendant, as a result of which the loss of a right occurred and the two-month time-limit for the filing of the application for restitutio in integrum was complied with.
Case T-327/11: Action brought on 20 June 2011 — Vinci Energies Schweiz v OHIM — Estavis (Yellow representation of the Brandenburg Gate)
Date: 2011-06-20
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2011269EN.01005002.xml










10.9.2011   


EN


Official Journal of the European Union


C 269/50





Action brought on 20 June 2011 — Vinci Energies Schweiz v OHIM — Estavis (Yellow representation of the Brandenburg Gate)
(Case T-327/11)
2011/C 269/112
Language in which the application was lodged: German

Parties


Applicant: Vinci Energies Schweiz AG (Zurich, Switzerland) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: Estavis AG (Berlin, Germany)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 31 March 2011 in Case R 231/2010-1;










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for a Community trade mark: Estavis AG

Community trade mark concerned: Representation of the Brandenburg Gate claiming the colour honey yellow for goods and services in Classes 6, 7, 9, 11, 35, 36, 37, 38, 40, 41 and 42 — application No 6 585 871

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

Mark or sign cited in opposition: the figurative mark ‘ETAVIS’ for goods and services in Classes 6, 7, 9, 11, 35, 37, 38, 40, 41, 42 and 45

Decision of the Opposition Division: the opposition was partially upheld

Decision of the Board of Appeal: the Opposition Division’s decision was annulled and the opposition was rejected

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 as there is likelihood of confusion between the marks at issue due to the at least average distinctive character of the mark on which the opposition is based and the identical nature or high degree of similarity of the signs at issue.
Case C-312/11: Action brought on 20 June 2011 — European Commission v Italian Republic
Date: 2011-06-20
Institutions: Court of Justice
Subjects: disabled person, employment policy, equal treatment, job access, national implementing measure, principle of proportionality








C_2011226EN.01001901.xml










30.7.2011   


EN


Official Journal of the European Union


C 226/19





Action brought on 20 June 2011 — European Commission v Italian Republic
(Case C-312/11)
2011/C 226/36
Language of the case: Italian

Parties


Applicant: European Commission (represented by: J. Enegren and C. Cattabriga, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:






—


declare that, by not placing all employers under an obligation to make reasonable accommodation for all disabled persons, the Italian Republic has failed to fulfil its obligation to implement, fully and correctly, Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation;










—


order the Italian Republic to pay the costs.





Pleas in law and main arguments







1.


By not placing all employers under an obligation to make reasonable accommodation for all disabled persons, the Italian Republic has failed to fulfil its obligation to implement, fully and correctly, Article 5 of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.










2.


Article 5 of Directive 2000/78 places Member States under an obligation of general application to make reasonable accommodation to enable persons with a disability to have access to, to participate in, or to advance in employment, or to undergo training. Those measures must apply — consistently with the principle of proportionality and depending upon the specific circumstances — to all disabled persons and must concern all aspects of the employment relationship and all employers.










3.


There is no trace in the Italian legislation of measures implementing that general obligation. Admittedly, there are the provisions of Law No 68/1999, which, in a number of areas, offer a level of assurance and facilitation which is higher even than that required under Article 5 of Directive 2000/78. However, those provisions do not concern all disabled persons; they are not enforceable against all employers; they do not concern all the various aspects of the employment relationship; or they merely indicate an objective which requires subsequent implementing measures if it is to be achieved.
Case T-490/10: Order of the General Court of 20 June 2011 — Endesa and Endesa Generación v Commission
Date: 2011-06-20
Institutions: General Court
Subjects: European Commission, State aid, action for annulment, energy industry








C_2011238EN.01003603.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/36





Order of the General Court of 20 June 2011 — Endesa and Endesa Generación v Commission
(Case T-490/10) (1)

2011/C 238/64
Language of the case: Spanish
The President of the Eighth Chamber has ordered that the case be removed from the register.


(1)  OJ C 328, 4.12.2010.
Commission Implementing Regulation (EU) No 593/2011 of 20 June 2011 on the issue of import licences for applications lodged during the first seven days of June 2011 under the tariff quotas opened by Regulation (EC) No 533/2007 for poultrymeat
Date: 2011-06-20
Institutions: European Commission
Subjects: import licence, poultrymeat, tariff quota








L_2011161EN.01001701.xml










21.6.2011   


EN


Official Journal of the European Union


L 161/17








            COMMISSION IMPLEMENTING REGULATION (EU) No 593/2011
of 20 June 2011
         
on the issue of import licences for applications lodged during the first seven days of June 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 June 2011 for the subperiod from 1 July to 30 September 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 July to 30 September 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 21 June 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 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 1.7.2011-30.9.2011
(%)




P1


09.4067


3,187595 




P3


09.4069


0,592805
Commission Implementing Regulation (EU) No 594/2011 of 20 June 2011 on the issue of import licences for applications lodged during the first seven days of June 2011 under the tariff quotas opened by Regulation (EC) No 539/2007 for certain products in the egg sector and for egg albumin
Date: 2011-06-20
Institutions: European Commission
Subjects: egg, egg product, import licence, tariff quota








L_2011161EN.01001901.xml










21.6.2011   


EN


Official Journal of the European Union


L 161/19








            COMMISSION IMPLEMENTING REGULATION (EU) No 594/2011
of 20 June 2011
         
on the issue of import licences for applications lodged during the first seven days of June 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 June 2011 for the subperiod from 1 July to 30 September 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 July to 30 September 2011 shall be multiplied by the allocation coefficients set out in the Annex hereto.


Article 2
This Regulation shall enter into force on 21 June 2011.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 June 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 1.7.2011-30.9.2011
(%)




E2


09.4401


66,666666
2011/375/EU: Council Decision of 20 June 2011 appointing two Italian members and two Italian alternate members of the Committee of the Regions
Date: 2011-06-20
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Italy, appointment of members








L_2011168EN.01001001.xml










28.6.2011   


EN


Official Journal of the European Union


L 168/10








            COUNCIL DECISION
         
of 20 June 2011
         
appointing two Italian members and two Italian alternate members of the Committee of the Regions
(2011/375/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Italian Government,

Whereas:







(1)


On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.












(2)


Two members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Sergio CHIAMPARINO and Mr Savino Antonio SANTARELLA. Two alternate members’ seats have become vacant following the end of the terms of office of Mr Luigi MONTANARO and Mr Giuseppe VARACALLI,





HAS ADOPTED THIS DECISION:



Article 1
The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:






(a)


as members:






—


Mr Alessandro COSIMI, Sindaco del Comune di Livorno,










—


Mr Roberto RUOCCO, Vicesindaco del Comune di Cerignola (FG),




and










(b)


as alternate members:






—


Ms Laura ARDITO, Consigliere comunale di Arese (MI),










—


Mr Giuseppe VARACALLI, Sindaco del Comune di Gerace (RC) (change of mandate).










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




Done at Luxembourg, 20 June 2011.


For the Council


The President


               MATOLCSY Gy.





(1)  
            OJ L 348, 29.12.2009, p. 22.

(2)  
            OJ L 12, 19.1.2010, p. 11.
Case C-310/11: Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 20 June 2011 — Grattan plc v The Commissioners of Her Majesty's Revenue & Customs
Date: 2011-06-20
Institutions: Court of Justice
Subjects: United Kingdom, VAT, basis of tax assessment, interpretation of the law








C_2011282EN.01000202.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/2





Reference for a preliminary ruling from First-tier Tribunal (Tax Chamber) (United Kingdom) made on 20 June 2011 — Grattan plc v The Commissioners of Her Majesty's Revenue & Customs
(Case C-310/11)
2011/C 282/03
Language of the case: English

Referring court

First-tier Tribunal (Tax Chamber)

Parties to the main proceedings


Applicant: Grattan plc

Defendant: The Commissioners of Her Majesty's Revenue & Customs

Question referred

In relation to the period before 1 January 1978, does a taxable person have a directly effective right under Article 8(a) of the Second Council Directive of 11 April 1967 (67/228/EEC (1)), and/or the principles of fiscal neutrality and of equal treatment, to treat the basis of assessment of a supply of goods as retrospectively reduced where, after the time of that supply of goods, the recipient of the supply received a credit from the supplier which the recipient then elected either to take as a payment of money, or as a credit against amounts owed to the supplier in respect of supplies of goods to the recipient that had already taken place?


(1)  Second Council Directive 67/228/EEC of 11 April 1967 on the harmonisation of legislation of Member States concerning turnover taxes — Structure and procedures for application of the common system of value added tax
OJ 71, p. 1303
Opinion of the European Central Bank of 20 June 2011 on the capital and management structure of the Central Depository (CON/2011/50)
Date: 2011-06-20
Institutions: European Central Bank
Subjects: Bulgaria, national law, payment system, privatisation, securities

EN 

ECB-PUBLIC 

OPINION OF THE EUROPEAN CENTRAL BANK 

of 20 June 2011  

on the capital and management structure of the Central Depository 

(CON/2011/50) 

Introduction and legal basis 

On  26  May 2011  the  European  Central  Bank  (ECB)  received  a  request  from  the  Bulgarian  Ministry of 

Finance for an opinion on a draft law amending the Law on the public offering of securities (hereinafter 

‘draft law’). 

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 

Functioning  of  the  European  Union  and  the  third  and  fifth  indents  of  Article 2(1)  of  Council  Decision 

98/415/EC  of  29 June  1998  on  the  consultation  of  the  European  Central  Bank  by  national  authorities 
regarding  draft  legislative  provisions1,  as  the  draft  law  relates  to  Българска  народна  банка  (Bulgarian 

National Bank) and payment and settlement systems. In accordance with the first sentence of Article 17.5 

of the Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion. 

Purpose and background of the draft law 

1.  
The aim of the draft law is to establish conditions for the privatisation of the stakes held by the State and 

Българска народна банка (Bulgarian National Bank) in the Central Depository. Chapter 9 of the Law on 

the  public  offering  of  securities  provides,  inter  alia,:  (a)  that  the  Ministry  of  Finance  and  Българска 

народна  банка  (Bulgarian  National  Bank)  must  hold  a  minimum  of  34%  of  the  Central  Depository’s 

shares; (b) that the Central Depository’s Board of Directors must include at least one representative from 

Българска  народна  банка  (Bulgarian  National  Bank)  and  from  the  Ministry  of  Finance;  (c)  that  the 

Central  Depository  must  not  create  profits  nor  distribute  dividends;  and  (d)  rules  relating  to  the 

management of the Central Depository’s reserve and guarantee funds.  

2.   General observations  

The ECB notes that the draft law is necessary to advance the privatisation of the Central Depository and 

has no specific comments on the draft law provisions.  

1  

OJ L 189, 3.7.1998, p. 42.  

 
 
 
 
 
 
 
 
                                                                          
ECB-PUBLIC 

This opinion will be published on the ECB’s website.  

Done at Frankfurt am Main, 20 June 2011. 

[signed] 

The President of the ECB 

Jean-Claude TRICHET 

2
Commission Regulation (EU) No 606/2011 of 20 June 2011 establishing a prohibition of fishing for redfish in NAFO 3LN waters by vessels flying the flag of Germany
Date: 2011-06-20
Institutions: European Commission
Subjects: Germany, fishing area, fishing rights, international waters, sea fish, ship's flag








L_2011163EN.01001601.xml










23.6.2011   


EN


Official Journal of the European Union


L 163/16








            COMMISSION REGULATION (EU) No 606/2011
of 20 June 2011
         
establishing a prohibition of fishing for redfish in NAFO 3LN waters by vessels flying the flag of Germany


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:







(1)


Council Regulation (EU) No 57/2011 of 18 January 2011 fixing for 2011 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in EU waters and, for EU vessels, in certain non-EU waters (2), lays down quotas for 2011.












(2)


According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2011.












(3)


It is therefore necessary to prohibit fishing activities for that stock,





HAS ADOPTED THIS REGULATION:



Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2011 shall be deemed to be exhausted from the date set out in that Annex.


Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.


Article 3

Entry into force

This Regulation shall enter into force on the day following that of 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, 20 June 2011.


For the Commission, On behalf of the President,
Lowri EVANS
            

Director-General for Maritime Affairs and Fisheries






(1)  
            OJ L 343, 22.12.2009, p. 1.

(2)  
            OJ L 24, 27.01.2011, p. 1.




ANNEX






No


17/T&Q




Member State


Germany




Stock


RED/N3LN.




Species


Redfish (Sebastes spp.)




Zone


NAFO 3LN




Date


24.5.2011