do-me/EUR-LEX huggingface dataset:
Case T-393/11: Action brought on 26 July 2011 — Masottina v OHIM — Bodegas Cooperativas de Alicante (CA' MARINA)
Date: 2011-07-26
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, registered trade mark, wine








C_2011282EN.01003501.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/35





Action brought on 26 July 2011 — Masottina v OHIM — Bodegas Cooperativas de Alicante (CA' MARINA)
(Case T-393/11)
2011/C 282/68
Language in which the application was lodged: English

Parties


Applicant: Masottina SpA [Conegliano (TV), Italy] (represented by: N. Schaeffer, lawyer)

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

Other party to the proceedings before the Board of Appeal: Bodegas Cooperativas de Alicante, trading as Coop. V. BOCOPA (Alicante, Spain)

Form of order sought







—


Annul and rescind the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 May 2011 in case R 518/2010-1, as well as the decision of the Opposition Division of 2 February 2010










—


Decline and reject the action formed by Bodegas Cooperativas de Alicante, Coop. V. BOCOPA, and by which it opposed the registration of the trademark ‘CA’ MARINA’, and admit the application for registration of the Community trademark No 6375216 to which Masottina SpA shall be entitled; and










—


Sentence Bodegas Cooperativas de Alicante, Coop. V. BOCOPA, to payment of all court and related costs.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark ‘CA’ MARINA’, for goods in class 33 — Community trade mark application No 6375216

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration No 1796374 of the word mark ‘MARINA ALTA’, for goods in class 33

Decision of the Opposition Division: Rejected the CTM application for all the goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94, as the Board of Appeal erroneously applied the above mentioned Article: (i) as regards the absence or at least an insufficient determination and distinction of the trademark ‘MARINA ALTA’; (ii) as there is no existence of any risk of confusion in respect of the concerned signs; and (iii) regarding the lacking consideration that there does not exist any identity of the merchandises, their respective channels of distribution and the public of reference.
Euro exchange rates
Date: 2011-07-26
Institutions: European Commission
Subjects: euro, exchange rate








C_2011220EN.01001601.xml










26.7.2011   


EN


Official Journal of the European Union


C 220/16





Euro exchange rates (1)

25 July 2011
2011/C 220/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,4380




JPY


Japanese yen


112,46




DKK


Danish krone


7,4534




GBP


Pound sterling


0,88250




SEK


Swedish krona


9,1083




CHF


Swiss franc


1,1563




ISK


Iceland króna


 




NOK


Norwegian krone


7,7715




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,388




HUF


Hungarian forint


268,95




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7093




PLN


Polish zloty


3,9984




RON


Romanian leu


4,2485




TRY


Turkish lira


2,4719




AUD


Australian dollar


1,3249




CAD


Canadian dollar


1,3599




HKD


Hong Kong dollar


11,2040




NZD


New Zealand dollar


1,6619




SGD


Singapore dollar


1,7358




KRW


South Korean won


1 518,50




ZAR


South African rand


9,7399




CNY


Chinese yuan renminbi


9,2679




HRK


Croatian kuna


7,4708




IDR


Indonesian rupiah


12 258,05




MYR


Malaysian ringgit


4,2737




PHP


Philippine peso


60,937




RUB


Russian rouble


39,8354




THB


Thai baht


42,795




BRL


Brazilian real


2,2311




MXN


Mexican peso


16,7757




INR


Indian rupee


63,8540






(1)  Source: reference exchange rate published by the ECB.
Judgment of the Court of 26 July 2011 in Case E-4/11 — Arnulf Clauder (Directive 2004/38/EC — Family reunification — Right of residence for family members of EEA nationals holding a right of permanent residence — Condition to have sufficient resources)
Date: 2011-07-26
Institutions: EFTA Court
Subjects: European citizenship, Liechtenstein, family migration, residence permit, social-security benefit








C_2011344EN.01000901.xml










24.11.2011   


EN


Official Journal of the European Union


C 344/9





JUDGMENT OF THE COURT
of 26 July 2011
in Case E-4/11
Arnulf Clauder
(Directive 2004/38/EC — Family reunification — Right of residence for family members of EEA nationals holding a right of permanent residence — Condition to have sufficient resources)
2011/C 344/06
In Case E-4/11 Arnulf Clauder — REQUEST to the Court under Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Verwaltungsgerichtshof des Fürstentums Liechtenstein (Administrative Court of the Principality of Liechtenstein), concerning the interpretation of Article 16(1) in conjunction with Article 7(1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, as adapted to the EEA Agreement by Protocol 1 thereto, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Benedikt Bogason (ad hoc), Judges, gave judgment on 26 July 2011, the operative part of which is as follows:
Article 16(1) of Directive 2004/38/EC is to be interpreted such that an EEA national with a right of permanent residence, who is a pensioner and in receipt of social welfare benefits in the host EEA State, may claim the right to family reunification even if the family member will also be claiming social welfare benefits.
Case T-407/11: Action brought on 26 July 2011 — SRF v Council
Date: 2011-07-26
Institutions: General Court
Subjects: India, anti-dumping measure, import (EU), infringement of EU law, plastics








C_2011282EN.01004101.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/41





Action brought on 26 July 2011 — SRF v Council
(Case T-407/11)
2011/C 282/77
Language of the case: English

Parties


Applicant: SRF Ltd (New Delhi, India) (represented by: F. Graafsma and J. Cornelis, lawyers)

Defendant: Council of the European Union

Form of order sought







—


Annul the Council Implementing Regulation (EU) No 469/2011 of 13 May 2011 amending Regulation (EC) No 1292/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate (PET) film originating in India (OJ 2009 L 129, p. 1, hereafter referred to as ‘the contested Regulation’); and










—


Order the Council to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law, alleging that the contested Regulation infringes Article 9(6) of the Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1), in that:






1.


Firstly, the said Article stipulates that the anti-dumping duty for exporters or producers which have made themselves known but were not included in the sample shall not exceed the weighted average dumping margin established for parties selected in the sample, whereby zero and de minimis margins shall be disregarded. By imposing an anti-dumping duty of 15,5 % on SRF, the contested Regulation violates this rule since the weighted average dumping margin for the parties selected in the sample, whose dumping margins are not zero or de minimis is lower than 15,5% ; and










2.


Secondly, by requiring an exporting producer to request an interim review pursuant to Article 11(3) of the Council Regulation (EC) No 1225/2009 for the application of Article 9(6), in a situation in which existing anti-dumping duty rates are adjusted following the expiry of concurrent countervailing measures, the contested Regulation inserts a condition into Article 9(6) that is absent in the express text of that provision, which amounts to the impermissible interpretation by the Council.






(1)  OJ 2009 L 343, p. 51 (consolidated text)
Case T-395/11: Action brought on 26 July 2011 — Elti v Delegation of the European Union to Montenegro
Date: 2011-07-26
Institutions: General Court
Subjects: Montenegro, administrative transparency, broadcasting, infringement of EU law, invitation to tender








C_2011282EN.01003502.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/35





Action brought on 26 July 2011 — Elti v Delegation of the European Union to Montenegro
(Case T-395/11)
2011/C 282/69
Language of the case: English

Parties


Applicant: Elti d.o.o. (Gornja Radgona, Republic of Slovenia) (represented by: N. Zidar Klemenčič, lawyer)

Defendant: European Union, represented by the Delegation of the European Union to Montenegro

Form of order sought







—


Declare the defendant in violation of Article 2 and 30(3) of Directive 2004/18/EC (1);










—


Annul the negotiation procedure conducted in the framework of the tender procedure ‘Support to the Digitalisation of the Montenegrin Public Broadcasting — Supply of equipment, Montenegro’ (reference EuropaAid/129435/C/SUP/ME-NP) (OJ 2010/S 178-270613), since the applicant had not been given an equal treatment and, as a result, it had not been able to correct/explain its tender;










—


Annul the contract award decision in the above mentioned tender procedure;










—


In the event the contract had already been concluded, to declare such contract null and void;










—


In the alternative, if the contract had already been carried out when the Court gives judgment, or the decision can no longer be declared void, declare the defendant in violation of Article 2 and 30(3) of Directive 2004/18/EC and order defendant to pay the applicant damages of EUR 172 541,56 as compensation for the loss suffered by the applicant in regard to that procedure; and










—


Order the defendant to pay the applicant’s costs, including the costs of any intervening party.





Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law.






1.


First plea in law, alleging that the defendant violated Articles 2 and 30(3) of Directive 2004/18/EC, as:






—


Information relevant for submitting the offer was not made available to all participants in the public procurement procedure in the same manner and quality;










—


The successful tenderer was provided information in a discriminatory manner which gave it an advantage as it was able to correct its tender; and










—


The negotiation procedure was conducted in such a way that the defendant influenced the outcome of the procedure by requesting additional information or clarifications from only certain participants, thereby violating the principle of non-discrimination and transparency.










(1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114)
Corrigendum to the call for proposals under the multi-annual work programme 2011 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013 ( OJ C 187, 28.6.2011 )
Date: 2011-07-26
Institutions: European Commission
Subjects: economic support, trans-European network, transport network








C_2011220EN.01001701.xml










26.7.2011   


EN


Official Journal of the European Union


C 220/17





Corrigendum to the call for proposals under the multi-annual work programme 2011 for grants in the field of the Trans-European Transport Network (TEN-T) for the period 2007-2013
(
Official Journal of the European Union C 187 of 28 June 2011
)
2011/C 220/04
The European Commission, Directorate-General for Mobility and Transport, is announcing a corrigendum to the call for proposals for projects in the field of European rail traffic management systems (ERTMS), under the multi-annual work programme for the Trans-European Transport Network (TEN-T) for the period 2007-2013, as published in OJ C 187, 28 June 2011, p. 13.
The corrected text of the call for proposals is available on:
http://tentea.ec.europa.eu/en/apply_for_funding/follow_the_funding_process/calls_for_proposals_2011.htm
Commission Implementing Regulation (EU) No 737/2011 of 26 July 2011 amending Annex I to Council Regulation (EC) No 1217/2009 as regards the list of divisions
Date: 2011-07-26
Institutions: European Commission
Subjects: agricultural statistics, farm accountancy data network, farm income, farmers' income, regions of France, regions of Hungary








L_2011195EN.01004201.xml










27.7.2011   


EN


Official Journal of the European Union


L 195/42








            COMMISSION IMPLEMENTING REGULATION (EU) No 737/2011
of 26 July 2011
         
amending Annex I to Council Regulation (EC) No 1217/2009 as regards the list of divisions


THE EUROPEAN COMMISSION,

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


Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (1), and in particular Article 3 thereof,


Having regard to the requests of France and Hungary,

Whereas:







(1)


Annex I to Regulation (EC) No 1217/2009 contains a list of divisions within the meaning of Article 2(d) of that Regulation.












(2)


According to that Annex, France is divided into 22 divisions. For the purposes of Regulation (EC) No 1217/2009, France has requested to add Guadeloupe, Martinique and La Réunion to the list of divisions.












(3)


According to that Annex, Hungary is divided into seven divisions. For the purposes of Regulation (EC) No 1217/2009, Hungary has requested to reduce the number of divisions by merging the divisions Közép-Dunántúl, Nyugat-Dunántúl and Dél-Dunántúl into one division Dunántúl and by merging Közép-Magyarország, Észak-Alföld and Dél-Alföld into one division Alföld.












(4)


Regulation (EC) No 1217/2009 should therefore be amended accordingly.












(5)


The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EC) No 1217/2009 is amended in accordance with the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
It shall apply from the 2012 accounting year.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 2011.


For the Commission


The President

José Manuel BARROSO
            





(1)  
            OJ L 328, 15.12.2009, p. 27.




ANNEX
Annex I to Regulation (EC) No 1217/2009 is amended as follows:






(1)


in the part concerning France, the following divisions are added:






‘23.


Guadeloupe










24.


Martinique










25.


La Réunion.’;














(2)


the part concerning Hungary is replaced by the following:

                                 ‘
                                 Hungary









1.


Észak-Magyarország












2.


Dunántúl












3.


Alföld.’.
Case T-397/11: Action brought on 26 July 2011 — Symfiliosi/FRA
Date: 2011-07-26
Institutions: General Court
Subjects: European Union Agency for Fundamental Rights, administrative transparency, invitation to tender








C_2011282EN.01003601.xml










24.9.2011   


EN


Official Journal of the European Union


C 282/36





Action brought on 26 July 2011 — Symfiliosi/FRA
(Case T-397/11)
2011/C 282/70
Language of the case: English

Parties


Applicant: Symfiliosi (Nicosia, Republic of Cyprus) (represented by: L. Christodoulou, lawyer)

Defendant: European Union Agency for Fundamental Rights (FRA)

Form of order sought







—


Annul the decision of the European Union Agency for Fundamental Rights of 23 May 2011 to award the first framework contract under the tender procedure F/SE/10/03 — Lot 12 Cyprus to First Elements and the second framework contract to Symfiliosi;










—


Order the European Union Agency for Fundamental Rights to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one main plea in law, alleging that the Agency failed to provide reasons for its decision. It further contests the substance of the evaluation of tendering bids, alleging that the latter had been arbitrary, unreasonable and unlawful.
Commission Regulation (EU) No 743/2011 of 26 July 2011 establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal
Date: 2011-07-26
Institutions: European Commission
Subjects: EU waters, Portugal, catch quota, fishing rights, international waters, sea fish, ship's flag








L_2011197EN.01000101.xml










29.7.2011   


EN


Official Journal of the European Union


L 197/1








            COMMISSION REGULATION (EU) No 743/2011
of 26 July 2011
         
establishing a prohibition of fishing for anglerfish in VIIIc, IX and X; EU waters of CECAF 34.1.1 by vessels flying the flag of Portugal


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 its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 July 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, 27.1.2011, p. 1.




ANNEX






No


22/T&Q




Member State


Portugal




Stock


ANF/8C3411




Species


Anglerfish (Lophiidae)




Zone


VIIIc, IX and X; EU waters of CECAF 34.1.1




Date


10.6.2011
Case C-162/11: Order of the President of the Court of 26 July 2011 (reference for a preliminary ruling from the Bundeskommunikationssenat (Austria)) — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk
Date: 2011-07-26
Institutions: Court of Justice
Subjects: Austria, advertising, audiovisual communications policy, broadcasting








C_2011311EN.01003002.xml










22.10.2011   


EN


Official Journal of the European Union


C 311/30





Order of the President of the Court of 26 July 2011 (reference for a preliminary ruling from the Bundeskommunikationssenat (Austria)) — Publikumsrat des Österreichischen Rundfunks v Österreichischer Rundfunk
(Case C-162/11) (1)

2011/C 311/50
Language of the case: German
The President of the Court has ordered that the case be removed from the register.


(1)  OJ C 179, 18.6.2011.