do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 28 June 2011 in Case E-12/10 — EFTA Surveillance Authority v Iceland (Failure by a Contracting Party to fulfil its obligations — Freedom to provide services — Directive 96/71/EC — Posting of workers — Minimum rates of pay — Leave with pay in the event of illness or accident — Insurance against accidents)
Date: 2011-06-28
Institutions: EFTA Court
Subjects: contract, freedom to provide services, job mobility, minimum pay, occupational accident, personal accident insurance, sick leave








C_2011336EN.01002001.xml










17.11.2011   


EN


Official Journal of the European Union


C 336/20





JUDGMENT OF THE COURT
of 28 June 2011
in Case E-12/10
EFTA Surveillance Authority v Iceland
(Failure by a Contracting Party to fulfil its obligations — Freedom to provide services — Directive 96/71/EC — Posting of workers — Minimum rates of pay — Leave with pay in the event of illness or accident — Insurance against accidents)
2011/C 336/14
In Case E-12/10, EFTA Surveillance Authority v Iceland — APPLICATION for a declaration that by maintaining in force Articles 5 and 7 of Act No 45/2007 on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and conditions of employment, Iceland has failed to fulfil its obligations arising from Article 36 of the EEA Agreement and Article 3 of the Act referred to at point 30 of Annex XVIII to the EEA Agreement, i.e. Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Per Christiansen (Judge-Rapporteur), Judges, gave judgment on 28 June 2011, the operative part of which is as follows:
The Court hereby:






1.


declares that, by maintaining in force Articles 5 and 7 of Act No 45/2007 on the rights and obligations of foreign undertakings that post workers temporarily in Iceland and on their workers’ terms and conditions of employment, Iceland has failed to fulfil its obligations arising from Article 3 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services;










2.


orders Iceland to bear the costs of the proceedings.
Case T-481/09: Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (maxi BRICO CENTER) (Community trade mark — Opposition proceedings — Application for Community figurative mark maxi BRICO CENTER — Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-06-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011232EN.01002702.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/27






Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (maxi BRICO CENTER)
(Case T-481/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark maxi BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2011/C 232/48)
Language of the case: Italian

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1046/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 September 2009 (Case R 1046/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;










2.


Dismisses the remainder of the action;










3.


Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.






(1)  OJ C 24, 30.1.2010.
Case T-477/09: Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER) (Community trade mark — Opposition proceedings — Application for Community figurative mark BRICO CENTER — Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-06-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011232EN.01002502.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/25






Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
(Case T-477/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2011/C 232/44)
Language of the case: Italian

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 1008/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1008/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;










2.


Dismisses the remainder of the action;










3.


Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.






(1)  OJ C 24, 30.1.2010.
Case T-476/09: Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER) (Community trade mark — Opposition proceedings — Application for Community figurative mark BRICO CENTER — Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-06-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011232EN.01002501.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/25






Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)
(Case T-476/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2011/C 232/43)
Language of the case: Italian

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 1006/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the order

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1006/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;










2.


Dismisses the remainder of the action;










3.


Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.






(1)  OJ C 24, 30.1.2010.
Case F-76/10: Order of the Civil Service Tribunal (Third Chamber) of 28 June 2011 — Colart and Others v Parliament (Civil Service — Annual adjustment of the remuneration and pensions of officials and other servants — No need to adjudicate)
Date: 2011-06-28
Institutions: Civil Service Tribunal
Subjects: European civil service, remuneration of work, wage determination








C_2012157EN.01001202.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/12





Order of the Civil Service Tribunal (Third Chamber) of 28 June 2011 — Colart and Others v Parliament
(Case F-76/10) (1)

(Civil Service - Annual adjustment of the remuneration and pensions of officials and other servants - No need to adjudicate)
2012/C 157/21
Language of the case: French

Parties


Applicants: Philippe Colart and Others (Bastogne, Belgium) (represented by: C. Mourato, lawyer)

Defendant: European Parliament (represented by: S. Seyr and K. Zejdová, Agents)

Re:

Claim for annulment of the applicants’ salary adjustment slips for the period from July to December 2009 and in the salary slips issued since 1 January 2010 within the framework of the annual adjustment of the remuneration and pensions of officials and other servants pursuant to Council Regulation (EU, Euratom) No 1296/2009 of 23 December 2009.

Operative part of the order







1.


There is no need to adjudicate on case F-76/10 Colart and Others v Parliament.










2.


Each party is ordered to bear its own costs.






(1)  OJ C 301. 6.11.2010, p. 64.
TEN-T external evaluations — Registration and selection of experts
Date: 2011-06-28
Institutions: European Commission
Subjects: audit, rail transport, self-employed person








C_2011187EN.01001401.xml










28.6.2011   


EN


Official Journal of the European Union


C 187/14





TEN-T external evaluations — Registration and selection of experts
2011/C 187/08
The TEN-T (Trans-European Transport Network) Executive Agency invites independent experts in the respective fields to support the selection of the best proposals submitted to TEN-T calls for proposals. In 2011, these fields are European Rail Traffic Management Systems (ERTMS), River Information Services (RIS) and Motorways of the Sea (MoS).
Independent experts for the 2011 TEN-T external evaluations will, as in the past years, be selected via the EMM database set up by DG Research.
If you are interested in being appointed, we invite you to register in the EMM database:
https://cordis.europa.eu/emmfp7/index.cfm
The Agency will search the database to identify and select suitable experts using keywords related to their expertise.
Notice of the impending expiry of certain anti-dumping measures
Date: 2011-06-28
Institutions: European Commission
Subjects: China, anti-dumping measure, frozen product, import (EU), originating product, soft fruit








C_2011187EN.01001501.xml










28.6.2011   


EN


Official Journal of the European Union


C 187/15





Notice of the impending expiry of certain anti-dumping measures
2011/C 187/09
1.   As provided for in Article 11(2) of Council Regulation (EC) No 1225/2009 of 30 November 2009 (1) on protection against dumped imports from countries not members of the European Community, the European Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.
2.   Procedure

Union producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.
Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.
3.   Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.
4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 1225/2009.









Product


Country(ies) of origin or exportation


Measures


Reference


Date of expiry (3)





Certain frozen strawberries


People's Republic of China


Anti-dumping duty


Council Regulation (EC) No 407/2007 (OJ L 100, 17.4.2007, p. 1)


18.4.2012






(1)  OJ L 343, 22.12.2009, p. 51.

(2)  Fax +32 22956505.

(3)  The measure expires at midnight of the day mentioned in this column.
Prior notification of a concentration (Case COMP/M.6196 — Lenovo/Medion)  Text with EEA relevance
Date: 2011-06-28
Institutions: European Commission
Subjects: economic concentration, exchange of information, information technology industry, merger control








C_2011187EN.01002901.xml










28.6.2011   


EN


Official Journal of the European Union


C 187/29





Prior notification of a concentration
(Case COMP/M.6196 — Lenovo/Medion)
(Text with EEA relevance)
2011/C 187/15






1.


On 20 June 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Lenovo Group Limited (‘Lenovo’, China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Medion AG (‘Medion’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Lenovo: desktop and notebook PCs, servers, storage drives; IT management software; IT services,










—


for Medion: electronic equipment for private consumers, in particular desktop and notebook PCs, phones, navigation devices, TVs; software; mobile telecommunication services.














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.6196 — Lenovo/Medion, 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-482/09: Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Città) (Community trade mark — Opposition proceedings — Application for Community figurative mark BRICO CENTER Città — Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Date: 2011-06-28
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2011232EN.01002801.xml










6.8.2011   


EN


Official Journal of the European Union


C 232/28






Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER Città)
(Case T-482/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER Città - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)
(2011/C 232/49)
Language of the case: Italian

Parties


Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 September 2009 (Case R 1047/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the judgment

The Court:






1.


Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 September 2009 (Case R 1047/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;










2.


Dismisses the remainder of the action;










3.


Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.






(1)  OJ C 24, 30.1.2010.
Judgment of the Court of 28 June 2011 in Case E-18/10 — EFTA Surveillance Authority v the Kingdom of Norway (Non-compliance with a judgment of the Court establishing a failure to fulfil obligations — Article 33 SCA — Measures necessary to comply with a judgment of the Court)
Date: 2011-06-28
Institutions: EFTA Court
Subjects: Norway, gender equality, infringement of EU law, survivor's benefit








C_2011336EN.01001901.xml










17.11.2011   


EN


Official Journal of the European Union


C 336/19





JUDGMENT OF THE COURT
of 28 June 2011
in Case E-18/10
EFTA Surveillance Authority v the Kingdom of Norway
(Non-compliance with a judgment of the Court establishing a failure to fulfil obligations — Article 33 SCA — Measures necessary to comply with a judgment of the Court)
2011/C 336/13
In Case E-18/10, EFTA Surveillance Authority v the Kingdom of Norway — APPLICATION for a declaration that, by failing to take the measures necessary to comply with the judgment of the EFTA Court in Case E-2/07 — EFTA Surveillance Authority v the Kingdom of Norway, the Kingdom of Norway has failed to fulfil its obligations under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, the Court, composed of Carl Baudenbacher, President, Thorgeir Örlygsson and Per Christiansen (Judge-Rapporteur), Judges, gave judgment on 28 June 2011, the operative part of which is as follows:
The Court hereby:






1.


declares that, by failing to take the measures necessary to comply with the judgment in Case E-2/07 — EFTA Surveillance Authority v the Kingdom of Norway, the Kingdom of Norway has failed to fulfil its obligations under Article 33 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice;










2.


orders the Kingdom of Norway to bear the costs of the proceedings.
Case T-339/11: Action brought on 28 June 2011 — Spain v European Commission
Date: 2011-06-28
Institutions: General Court
Subjects: EAGGF Guarantee Section, Spain, agricultural expenditure, aid to agriculture, common agricultural policy, producer organisation








C_2011252EN.01003902.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/39





Action brought on 28 June 2011 — Spain v European Commission
(Case T-339/11)
2011/C 252/88
Language of the case: Spanish

Parties


Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Decision 2011/244/EU final of 15 April 2011 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD), in so far as it is the subject of this action, and










—


order the defendant to pay the costs.





Pleas in law and main arguments

By the contested decision, the Commission excludes from financing certain costs of environmental management of packaging (for the years 2006, 2007 and 2008), in the sum of EUR 37 252 551,10.
The applicant argues in that regard that, by its Decision 2010/152/EU, the Commission excluded from EAGGF financing EUR 33 339 525,05 in connection with assistance for operational programmes, for it took the view that Community assistance to cover the costs entailed by the environmental management of packaging in the years from 2003 to 2006 had not been granted in accordance with the provisions of European Union law. That decision was the subject of an action for annulment brought by the Kingdom of Spain, at present pending as Case T-230/10.
The arguments put forward in this action are the same as those set forth in Case T-230/10.